- "Content" means, collectively, all content, information and material made available by GreenPark and/or our Suppliers on or through the GreenPark Services, including, without limitation, text, photos, images, graphics, designs, artwork, emojis, avatars, characters (whether or not animated), animations, music, audios, videos, games, and software applications, whether or not downloadable, as well as all layout design and look and feel elements of the GreenPark Services. For the avoidance of doubt, all Virtual Goods (defined below) are and shall be deemed to be part of the Content. However, Content does not include User Material.
- “GreenPark Services” means, collectively, any and all GreenPark-branded online and mobile application products and services as may be operated or made available by GreenPark, whether existing now or in the future, including, without limitation, the GreenParkSports.com website, the GreenPark NFT Marketplace (defined in our NFT Terms), the GreenPark mobile app, the GreenPark Superfan Studio, and GreenPark-operated social media channels.
- “NFT” means a digital collectible item released by (or on behalf of) GreenPark, the ownership of which item is represented by a blockchain-based non-fungible token. For clarity, all NFTs constitute Virtual Goods (defined below).
- "Suppliers" means all of the following: (i) third parties that have licensed their intellectual property or other proprietary rights to GreenPark for use in connection with the GreenPark Services, including, for example, third-party sports leagues who have licensed their trademarks, logos, content, and/or other intellectual property to our company; (ii) our business partners; and (iii) third parties that provide software, data, and/or other information technology products, services, and/or support to GreenPark in connection with the operation of the GreenPark Services.
- “Virtual Goods” means digital virtual goods made available by GreenPark and/or our Suppliers to Users on or through the GreenPark Services (i) for purchase or (ii) as rewards, prizes, or promotional items. The following are examples of Virtual Goods: in-game virtual currency, reward points, tokens, avatars, gamertags, skins, emotes, gears, accessories, stickers, cards, and other collectibles, including NFTs.
CONSENT TO ELECTRONIC COMMUNICATIONS
By signing up for any of the GreenPark Services, you consent to receiving electronic communications from us that are related to your use of the GreenPark Services. These electronic communications may include emails, in-app notifications, and notifications posted to your account on the GreenPark Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email satisfy any legal requirement that the same be in writing.
By registering an account on the GreenPark Services, you warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.
THIRD-PARTY APP STORE PROVIDERS
When accessing the GreenPark Services on a mobile device (Apple iOS or Android), you acknowledge and agree as follows:
- You are also bound by and must comply with the terms and policies of the applicable App Store Provider;
- GreenPark, not the applicable App Store Provider, is solely responsible for the GreenPark Services and Content (including Virtual Goods);
- You are accessing the GreenPark Services on a mobile device owned or controlled by you and as permitted by the usage rules set forth in the terms and policies of the applicable App Store Provider;
- The applicable App Store Provider has no obligation whatsoever to provide maintenance or support with respect to the GreenPark Services;
- To the maximum extent permitted by applicable law, the applicable App Store Provider has no warranty obligation whatsoever with respect to the GreenPark Services;
- GreenPark, not the applicable App Store Provider, is responsible for addressing any claims by Users or third parties relating to the GreenPark Services, including (but not limited to) product liability claims, claims that the GreenPark Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation; and
- In the event of any third party claim that the GreenPark Services (or use thereof) infringe a third party’s intellectual property rights, GreenPark, not the applicable App Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of such third party claim.
MOBILE SERVICE CHARGES
If you use any of the GreenPark Services on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree not to export, re-export, or transfer, directly or indirectly, any of the GreenPark Services, or any U.S. technical data acquired from any of the GreenPark Services, or any products utilizing such data, in violation of the U.S. export laws or regulations. By accessing any of the GreenPark Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
RESERVATION OF RIGHTS
- GreenPark Intellectual Property: Other than intellectual property licensed from our Suppliers, all of the GreenPark Services and Content, including all copyrights, trademark rights, trade dress rights, patent rights, and other intellectual property and proprietary rights therein and thereto, are the property of GreenPark and/or our affiliates, and are protected by intellectual property and other laws in the United States and other countries.
- Without limitation to the generality of the foregoing, if you download, unlock, receive, purchase, or otherwise acquire any Content (including any Virtual Goods) from the GreenPark Services, you acknowledge and agree that you are only authorized to retain and use such Content (including Virtual Goods, in accordance with any additional terms applicable thereto) for your own lawful personal and noncommercial use only and that, unless expressly otherwise permitted by GreenPark, you are not permitted to sell, offer to sell, distribute, transfer, license, transmit, or otherwise disseminate such Content (including Virtual Goods) or any duplicate or derivative work thereof, to others.
- The terms GREENPARK, GREEN PARK, GRIME, MAY THE BEST FANS WIN, GREENIE, GREENIE RUSH, FANERGY, and THE VIRTUES AWAKEN (including their associated logos and stylized variations), as well as all the Foamie designs, are trademarks of GreenPark. The Greenie characters, the Foamie characters, and all other original characters, designs and artwork visible within the GreenPark Services, including any and all of their existing and future renditions, and including also any and all User-customized or User-personalized versions of such characters, designs and artwork, are copyrights of GreenPark. GreenPark’s trademarks and copyrights are protected by laws in the U.S. and other countries. Except as specifically permitted by applicable laws, any unauthorized use of our trademarks or copyrights is strictly prohibited and may give rise to civil and/or criminal liabilities.
- SPECIAL NOTE: On the GreenPark Services, sports fans are represented by an animated character called “Greenie.” Certain features of the GreenPark Services (such as the GreenPark Superfan Studio) allow Users to generate customized or personalized versions of Greenie. By using such features, you acknowledge and agree that: (i) all your customized or personalized versions of Greenie, including all associated trademark rights, copyrights, and other intellectual property rights, constitute the sole and exclusive property of GreenPark and shall be treated as Content and NOT as User Material; (ii) you have and acquire no ownership right or interest whatsoever in your customized or personalized versions of Greenie; and (iii) to the extent GreenPark authorizes you to publish your customized or personalized versions of Greenie in social media, you may do so, provided that you abide by all the terms and rules prescribed by GreenPark that govern such publishing.
- Our Suppliers’ Intellectual Property: Intellectual property licensed from or otherwise made available by our Suppliers remains the property of our Suppliers. Examples of our Suppliers’ intellectual property include (but are not limited to): marks, logos and other brand identifications of our sports league partners and team partners; game/match/event data, stats, photos, and video/audio footage; player names, likenesses, photos, voices, bios, jerseys, and other player identifications; and marks, logos, and other brand identifications of third-party sponsors and advertisers.
You shall not:
- use the GreenPark Services or Content (including Virtual Goods) other than for your own lawful personal and noncommercial use only;
- use the GreenPark Services or Content (including Virtual Goods) for fraudulent, impersonation, harassment, bullying, or other malicious or unlawful purposes;
- use the GreenPark Services to upload, post, display, transmit or distribute User Material that (x) is unlawful, threatening, hateful, discriminatory, abusive, pornographic, obscene, defamatory, fraudulent, or otherwise objectionable or offensive, or (y) that contains virus, spyware, malware, or other harmful code or material, or (z) that you do not have a legal right or valid authorization to disseminate;
- use the GreenPark Services or Content (including Virtual Goods) to harm or exploit a minor;
- disrupt or interfere in any way with the operation of the GreenPark Services or any server, network or system associated therewith, or another’s use of the GreenPark Services;
- modify or otherwise make derivative works from, or decompile, disassemble or otherwise reverse engineer, any software or other technology component of the GreenPark Services;
- disable, remove, breach, or circumvent any content protection or access control mechanisms (including geo-blocking mechanisms) associated with the GreenPark Services or any Content (including Virtual Goods);
- access another’s account or a password-protected area on the GreenPark Services without proper authorization;
- use any robot, spider, or other automatic device, process, or means to access the GreenPark Services or Content (including Virtual Goods) for any purpose, including for monitoring or mining of data from the GreenPark Services;
- use the GreenPark Services or Content (including Virtual Goods) in any way that infringes upon, violates, or misappropriates the intellectual property or other proprietary rights of GreenPark or any of our Suppliers; or
To report violations of the above restrictions, please email firstname.lastname@example.org.
Except as expressly otherwise stated in our NFT Terms as pertaining to NFTs, all Virtual Goods (including all associated intellectual property and proprietary rights) will remain the property of GreenPark or our Suppliers (as applicable), and you have no ownership or other property right or interest in any Virtual Goods, regardless of how you obtain access to it.
Unless expressly otherwise indicated by GreenPark or our Suppliers, GreenPark and our Suppliers do not represent or warrant that Virtual Goods have any monetary value or that they can be redeemed or exchanged for any type of “real world” money.
THERE IS NO REFUND OR RETURN FOR THE PURCHASE OF ANY VIRTUAL GOODS, unless expressly authorized by GreenPark or our Suppliers or by an applicable App Store Provider.
If you submit ideas, suggestions, comments, or other feedback concerning any of the GreenPark Services or Content (including Virtual Goods) (whether solicited or unsolicited) (“Feedback”) to GreenPark, you understand and agree that: (i) GreenPark and our affiliates and Suppliers, including our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and GreenPark; and (iv) your Feedback submission may be used and retained indefinitely by GreenPark and our affiliates and Suppliers, including our and their successors and assigns.
Please adhere to the following guidelines when interacting with other Users (including, without limitation, when communicating with other Users via text and/or audio chat functions) on the GreenPark Services:
- Please treat others with courtesy and respect.
- Please do not use foul language, profanity, obscenity, or make threatening, harassing, or discriminatory remarks toward others.
- Bullying, trolling, spamming, phishing, impersonation, and other abusive behaviors are strictly prohibited.
To report violations of the above guidelines, please email email@example.com.
USE OF IN-APP CHAT FUNCTIONS
Please exercise utmost discretion and caution if you choose to reveal personal information that identifies you or another person in text and/or audio communications with other Users. Personal information revealed may be used by others in a way that is offensive or harmful to you or another person, or in a way that violates your or another person’s rights. If you choose to reveal personal information to another User, you do so of your own volition and at your own risk, and you acknowledge and agree that GreenPark and our Suppliers will not be responsible or liable for other Users’ use or misuse of information revealed by you, and you waive any and all claims against GreenPark and/or our Suppliers based upon or by reason of other Users’ use or misuse of information revealed by you.
Certain features of the GreenPark Services may provide Users with the ability to upload, post, display, transmit or distribute User Material. By using such features, you acknowledge and agree as follows:
- You warrant that your User Material does not violate any third party’s rights.
- You grant to GreenPark and our Suppliers anirrevocable, non-exclusive, worldwide, royalty-free, sublicensable and transferable license to make your User Material available to others on or through the GreenPark Services, as directed by you.
- We and our Suppliers reserve the right to retain copies of your User Material for internal backup/archival purposes, or as may be required by applicable law.
- We and our Suppliers are not responsible or liable for others’ retention, use or misuse of any User Material that you have made available to others on or through the GreenPark Services.
- You are solely responsible for backing up your User Material, and we and our Suppliers are not responsible for any loss or corruption of your User Material.
- All User Material is subject to our ’DMCA Policy’ below.
GreenPark is committed to complying with U.S. copyright law and expects all Users to do the same. Pursuant to the Digital Millennium Copyright Act (Title 17, U.S. Code) (’DMCA’), GreenPark has adopted and implemented a policy to provide for the prompt removal of allegedly infringing User Material and for the termination of the account (if any) of any User who is determined by GreenPark to be a repeat infringer.
Under the DMCA, copyright owners may contact our designated agent listed below to report User Material that is believed to infringe their copyrights. Upon receipt of a proper notification that satisfies the requirements of the DMCA, we will remove or block access to the allegedly infringing User Material. If you believe in good faith that a notice of alleged copyright infringement has been wrongly filed against your User Material, you may submit a counter-notification in accordance with this DMCA Policy. GreenPark shall not be made a party to disputes over alleged copyright infringement.
Our Designated Agent: The following is our designated agent for receiving notifications of claimed copyright infringement concerning User Material on the GreenPark Services:
DMCA / Legal
GreenPark Sports, Inc.
1290 Howard Avenue, Suite 320
Burlingame, California 94010
Phone: (818) 275-1552
Notice of Claimed Copyright Infringement: Notification of claimed copyright infringement must be in writing and sent to our designated agent listed above, and must include the following information:
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of such works;
- identification of the material to enable GreenPark to locate the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- address, telephone number, and if available, an email address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the identified material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if your User Material was removed by us in response to a third party’s notification of claimed copyright infringement, and if you believe in good faith that the removal was due to mistake or misidentification of the material sought to be removed, you may make a counter-notification with our designated agent listed above. If we receive a valid counter-notification, we may reinstate the removed or disabled User Material in accordance with the DMCA. A counter-notification must be in writing and include the following information:
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, telephone number and (if available) email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, U.S.A., if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person; and
- your physical or electronic signature.
Upon receipt of a valid counter notification from you, we are required to (i) give a copy of your counter notification to the copyright claimant and (ii) inform the copyright claimant that we will restore the removed material in 10 business days, unless our designated agent first receives notice from the copyright claimant that the copyright claimant has filed a court action seeking injunction with respect to your User Material.
Under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
NO WARRANTIES; LIMITATION OF LIABILITY
THE GREENPARK SERVICES AND ALL CONTENT (INCLUDING VIRTUAL GOODS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GREENPARK SERVICES AND ALL CONTENT (INCLUDING VIRTUAL GOODS), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT: (i) THE GREENPARK SERVICES AND ALL CONTENT (INCLUDING VIRTUAL GOODS) WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE GREENPARK SERVICES OR IN ANY CONTENT (INCLUDING VIRTUAL GOODS) WILL BE CORRECTED; OR (iii) THE GREENPARK SERVICES AND ALL CONTENT (INCLUDING VIRTUAL GOODS) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GREENPARK OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE GREENPARK SERVICES OR ANY CONTENT (INCLUDING VIRTUAL GOODS) OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
USER RELEASE AND INDEMNITY
You agree to release and forever discharge (to the fullest extent permitted by applicable law) GreenPark and our affiliates and Suppliers, including our and their successors and assigns, from any and all claims, actions, causes of action, liabilities, damages, costs and expenses (including, without limitation, those for bodily injury and emotional distress) arising out of or related to: (i) your use of any of the GreenPark Services or any Content (including any Virtual Goods); or (ii) your User Material.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH SECTION 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.”
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
(2) Arbitration is more informal than a lawsuit. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). BY AGREEING TO ARBITRATE, YOU AND WE BOTH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT; except that either you or GreenPark may bring an individual action in a small claims court for a Claim that is within such court's jurisdictional authority.
(3) Any arbitration between you and us shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this arbitration agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and we cannot agree on the choice of the single arbitrator, the arbitrator shall be appointed pursuant to the JAMS Rules, with the participation and involvement of you and us pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
(4) In order to commence arbitration, you or we must first send via certified mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the Claim(s) and the specific facts giving rise to the Claim(s), and the relief requested. Your Notice to us must be sent via certified mail to GreenPark Sports, Inc., 1290 Howard Avenue, Suite 320, Burlingame, California 94010, ATTN.: Dispute. We will send any Notice to you at the contact information we have for you. It is the sender’s responsibility to ensure that the recipient receives the Notice. During a period of 45 days following our or your receipt of a Notice, you and we will make reasonable efforts to resolve the Claim(s) through informal negotiations, and arbitration cannot commence during such 45-day period. If we do not resolve the Claim(s) within such 45-day period, then either you or we may initiate arbitration in accordance with the JAMS Rules.
(6) Any arbitration between you and us must be held either: (i) at a location determined pursuant to the JAMS Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only Claim(s) in the arbitration is/are asserted by you and is/are for less than $10,000 in aggregate, then (at your election) by telephone or by written submission.
(7) The arbitrator shall: (i) apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the laws of the United States, irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws.
(8) The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s determination of the dispute/claim and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
(9) Other than an arbitration initiated by you against GreenPark that was determined by the arbitrator to be frivolous or have been brought for an improper purpose, we will pay the arbitration filing and arbitrator fees, or reimburse you for the payment of such fees. If you prevail in the arbitration and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater, and will also pay (or reimburse you for) your reasonable attorneys’ fees and other legal expenses incurred in the arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
(10) You and GreenPark both agree to maintain the confidential nature of the arbitration and not to disclose the fact of the arbitration, any documents exchanged as part of any mediation or proceedings of the arbitration, the arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or a valid court order.
(12) CLASS ACTION WAIVER: YOU AND GREENPARK BOTH AGREE THAT: (i) ANY CLAIM WILL BE BROUGHT IN ANY FORUM IN AN INDIVIDUAL CAPACITY ONLY, AND WILL NOT BE BROUGHT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (ii) NEITHER YOU NOR GREENPARK WILL SEEK TO HAVE A CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PURPORTS TO ACT IN A REPRESENTATIVE CAPACITY; AND (iii) NO ARBITRATION OR OTHER PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING. If the foregoing class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
GOVERNING LAW; JURISDICTION
TIME LIMIT ON FILING CLAIMS