TERMS OF USE – August Abode

TERMS OF USE

Effective October 25, 2018

Thank you for visiting August Abode. It is important to us that you have the best possible experience while visiting www.augustabode.com and that you are aware of the terms and conditions that apply to your use of this website.

Please read these Terms of Use (“Terms”) carefully before using www.augustabode.com (the “Site”), operated by Stefani Stein Inc, DBA August Abode, hereinafter referred to as August Abode, a California corporation (“August Abode, “we”, “us”). These Terms govern your access to and use of the Site and the content, features, and services associated with the Site (collectively, the “Services”) made available by August Abode. References to “User” and “you” mean any person or legal entity that visits, accesses, or uses the Services, or registers for an Account through the Site. These Terms incorporate August Abode’s standard policies, procedures, and any terms and conditions for use of the Site and Services that are referenced by name or by links in the Terms (collectively, the “August Abode Policies”).

By accessing or using the Services (1) you acknowledge that you have read, understand, and agree to be bound by these Terms, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. You must be the age of legal majority or older in your place of residence to use the Site. If you allow a minor to use your computer and/or Account, as defined below, to access the Site, you agree to supervise and be responsible for the minor’s actions.

THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER; PLEASE REVIEW SECTION TITLED "ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE"

If you disagree with any part of the terms then you do not have permission to access the Services.

REVISIONS

August Abode may update or revise these Terms (including any August Abode Policies) from time to time. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but accepting these Terms, as modified, is required for you to continue using the Services. By accessing or using the Services you agree to show your acceptance of any modified version of these Terms. If you do not agree to the terms of these Terms or any modified version of these Terms, you do not have permission to access the Services and must terminate your use of the Services, in which case you may no longer have access to your Account (as defined below). Except as otherwise expressly stated by August Abode, any use of the Services is subject to the version of these Terms in effect at the time of u

SHOPPING AND PURCHASING ON THE SITE

Shopping. August Abode is a platform that displays special edition merchandise (“Products”) for limited times on the Site for Site users (“Users”) to purchase. Actual purchase of the Products may be completed and processed by third-party providers and/or websites. August Abode does not guarantee the availability of the Service or Products. Products, price, and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. August Abode does not guarantee, warrant or endorse any Product, nor do we have any liability or responsibility for the quality or performance of any Product.

Orders and Acceptance. All orders are subject to these Terms, including the August Abode Policies. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Because our Products are often limited runs, we reserve the right, without prior notification, to limit the order quantity on any item. We reserve the right to refuse service to any User. Verification of information may be required prior to the acceptance of any order.

Purchases.  If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies.  We are constantly updating product and service offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Services. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Promotional Offers. We reserve the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of a discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

Contests, Sweepstakes and Promotions.  Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Risk of Loss.  The risk of loss and title to products purchased on the Services pass to the purchaser upon delivery to the carrier. The risk of loss and title of Gift Cards and e–Gift Cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Colors.  August Abode strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, August Abode cannot guarantee that your monitor’s display of any color will be accurate.

  • USER ACCOUNTS

  • By creating an account with August Abode (a "User Account"), you are granted a right to use the Services provided by August Abode subject to the restrictions set forth in these Terms and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal information, and in registering for a User Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by August Abode (such information, "User Registration Data").
  • Once you register for the Services, you shall receive a unique user identification and password in connection with your User Account (collectively referred to herein as "User Account IDs"). You must use your true and accurate name when signing up for a User Account. You are required to select an appropriate and non-offensive User Account ID. Ideally, the User Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any User Account ID if we believe, in our sole discretion, the User Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that a User Account ID is similar to the trademark and the User Account ID does not closely relate to the User's actual name or trademark rights).

You agree to maintain your User Account solely for your own use. You agree that you will not allow another person to use your User Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your User Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your User Account IDs, your disclosure of your User Account IDs, or your authorization to allow another person to access or use the Services using your User Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your User Account including any charges incurred relating to the Services or Product orders. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

August Abode reserves the right, in its sole discretion, to terminate your User Account if you violate these Terms or for any reason or no reason at any time. We may also suspend your access to the Services and your User Account if you (a) have violated the August Abode Policies, (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in August Abode's sole discretion.

You may terminate these Terms by canceling your User Account at any time.

If your User Account is cancelled or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms are terminated, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that August Abode shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that August Abode may retain and use your information and account data as needed to comply with investigations and applicable law.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms does not relieve you of any obligations to pay any amounts, such as fees or Product order charges, accrued prior to the termination and any other amounts owed by you to us as provided in these Terms.

August Abode is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in August Abode's sole discretion (“Fraudulent Actions"). By using the Services, you hereby release August Abode from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify August Abode of any Fraudulent Actions which may affect the Services. August Abode reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

PRODUCT CLAIMS RELEASE

To the maximum extent permitted by applicable law, you hereby release the August Abode Parties, as defined below, from any and all claims relating to injuries, illness, damages, liabilities, or costs associated with or arising out of use of the Products. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the August Abode Parties pertaining to the subject matter of this section "Product Claims Release."

MODIFICATIONS TO SERVICES

August Abode reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the August Abode Site. August Abode shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

INTELLECTUAL PROPERTY RIGHTS AND GRANT OF RIGHTS TO USER

The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “August Abode Content”) are provided to User by August Abode or its partners or licensors solely to support User’s permitted use of the Services. The August Abode Content may be modified from time to time by August Abode in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the August Abode Content by User shall constitute a material breach of these Terms. August Abode and its partners or licensors retain all rights in the Services and August Abode Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of August Abode or any third party is granted under these Terms.

USE RESTRICTIONS

The Services and August Abode Content are offered solely for User’s use for the purposes described in these Terms. Any and all other uses are prohibited. August Abode expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). August Abode reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or August Abode Content, except as expressly authorized by August Abode; (2) take any action that imposes or may impose (in August Abode’s sole determination) an unreasonable or a disproportionately large load on the Services or August Abode’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or August Abode Content to a third party; (5) use any portion of the Services or August Abode Content to provide, or incorporate any portion of the Services or August Abode Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to August Abode); (7) modify any Services or August Abode Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or August Abode Content; (9) use the Services or August Abode Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or August Abode Content or access or use the Services or August Abode Content for competitive analysis or benchmarking purposes. Although the August Abode Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the August Abode Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. August Abode reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own Product or any Product of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or User Account ID you choose to provide to August Abode may be displayed publicly with such User Content. August Abode reserves the right (but has no obligation) to monitor, remove, or edit User Content in August Abode’s sole discretion, including if User Content violates these Terms (including any August Abode Policies), but you acknowledge that August Abode may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant August Abode a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to restaurants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of August Abode. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. August Abode takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.

THIRD PARTY LINKS AND SERVICES

The Site may contain links to or permit you to access other websites and services that are not under the control of August Abode (“Third Party Sites”). We have no responsibility for Third Party Sites and allowing access from our Site to a Third Party Site does not constitute an endorsement of such. If you use the links or otherwise access the Third Party Sites, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Access to Third Party Sites is enabled solely for the convenience and information of the Site’s Users.

PRIVACY POLICY

August Abode is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how we collect, use, and disclose information in connection with the Services.

YOUR REPRESENTATIONS AND INDEMNITY

You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by August Abode and its other Users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at August Abode’s request) defend August Abode, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “August Abode Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of these Terms.

LIABILITY LIMITATIONS

EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE AUGUST ABODE PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE AUGUST ABODE SITES, SERVICES, THE AUGUST ABODE CONTENT, PRODUCTS, OR THE USER CONTENT, OR (3) ANY FAILURE OR DELAY IN THE AUGUST ABODE SITES, SERVICES, THE AUGUST ABODE CONTENT, PRODUCTS, OR THE USER CONTENT (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES). IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE AUGUST ABODE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE AUGUST ABODE CONTENT. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR SOLE AND EXCLUSIVE DIRECT DAMAGES LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).

You and August Abode understand and agree that the disclaimers, exclusions, and limitations in this Section 12 and in Section 13 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that August Abode would be unable to make the Products and Services available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND AUGUST ABODE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL AUGUST ABODE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. AUGUST ABODE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. AUGUST ABODE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AUGUST ABODE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. AUGUST ABODE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AUGUST ABODE.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SEVERABILITY

If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by August Abode.

Waiver.  Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

1) You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the August Abode Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

2) Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

3) In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

4) In the case of arbitration and where permitted by law, you and August Abode must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR AUGUST ABODE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, August Abode will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) August Abode also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

5) Notwithstanding the foregoing, either you or August Abode may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

6) With the exception of Section 18.4(1) and (2) (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either Section 18.4(1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor August Abode shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in state or federal court located in Los Angeles County, California.

7) For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website athttp://www.adr.org.

CHOICE OF LAW

These Terms are made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency.