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Terms of Service

TERMS OF SERVICE

Last updated: April 4, 2023

1. Introduction

Welcome to LOOM! 

Thank you for your interest in our content and programming for women’s sexual and reproductive health and wellbeing. 

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship. We have tried our best to strip the legalese from the Terms, but there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a contract between you and LOOM HQ, Inc. (“LOOM,” “we,” or “our”), so please read them carefully.

By using the LOOM website (which we will call the “Site”), such as learnwithloom.com our app (which we call the “App”) or any Content (defined below) or our other products or services that are available through the Site or the App (we refer to these collectively, with the Site and the App, simply as the “Services”), you agree to the Terms.  Of course, if you don’t agree with them, then please don’t use the Services.  We encourage you to periodically review these Terms, as we may update them from time to time by posting a new version and/or changes to this page. Your use of the Services after any such update confirms your agreement to follow those updated Terms. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND LOOM AGREE THAT DISPUTES ARISING OUT OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND LOOM WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  PLEASE SEE SECTION 16 OF THESE TERMS FOR MORE DETAILS.

2. Our Services

We offer various reproductive and sexual educational resources for women through our Services. As part of our Services, we create, produce, host and make available through the Site and App access to certain content (e.g., educational materials, audio/visual materials, information and resources on these topics) (referred to as “Content”) for a fee. LOOM is not engaged in rendering medical, health, diagnostic, treatment or similar healthcare advice or services via our Services.  No Content is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment.

The Content available on our Site, App or otherwise provided through your use of the Services are presented exclusively for informational purposes. You should understand that LOOM does not use the Site or Services to provide you with any medical advice, insurance advice, or legal advice. You should not rely on any statements made via the Services as though they were medical or professional advice. The Content provided through the Services is not a substitute for the advice of a trained health care professional. If you have or suspect having any health problems or conditions, you should consult your general practitioner or other qualified health provider. We do not guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions, or drugs or medications and before commencing or discontinuing any course of treatment, drug, or medication.  Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider, including as a result of any Content or other information you receive or obtained through the use of the Services.  If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.  If you are experiencing a medical emergency, please immediately call for emergency medical help.  You represent to us (which representation shall be deemed to be made each time you use the Services) that you are not using the Services or the Content for the purpose of seeking medical advice, care, attention or treatment.  Any reliance on the Services, the Content or any material or information on the Site or App is at your own risk, and LOOM specifically disclaims all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use or application of any of the foregoing. 

3. Accessing Our Services

Access to the Services  is limited to those users that have registered an account with us. You understand that you must use our Site or App in order to access and view the Content. If we have reason to suspect that your account has been previously terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms or by law. 

In addition to any other obligations set forth in these Terms, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You may never use another user’s account, and you may not provide another person with the username and password to access your account.  You agree to immediately notify us in writing of any unauthorized use of the Services or any other breaches of security with respect to your account. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions. 

You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Services and to access the Content , including but not limited to, a device with Internet access. You are responsible for any mobile charges that you may incur in connection with using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. We may modify the Services or change the access configuration associated with the Services at any time. 

4. Your Promise to Us

We are relying on your below statements, so please read these terms carefully.  By using the Services, you agree and state that:

  • You will use the Services solely for your personal use and only where permitted by applicable law. You will not share your access to the Services with anyone else, or otherwise enable anyone else to access the Content.

  • Any information you submit via the Services is truthful and accurate. 

  • You will not upload viruses or other malicious code, interfere with or circumvent security features of the Site or App, or otherwise compromise the security of the Services. 

  • You will comply with these Terms and all applicable laws, rules and regulations. 

  • You will not infringe or violate LOOM’s intellectual property rights or the rights of others

  • You will not harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race age, national origin, or disability. 

  • You will not use the Services to collect or track the personal information of others, or to spam, phish, pharm, pretext, spider, crawl or scrape the Services or its users. 

  • If you are not a minor, that you are capable of entering into a legally binding agreement, and these Terms are binding and enforceable against you. 

  • If you are a minor, that you are at least 13 years old and have obtained the consent of your parent or legal guardian to use the Services and their agreement to these Terms.

In short, you may not use the Services in ways that are not authorized by these Terms. Nor may you encourage or help anyone else to do so. We reserve the right to terminate your use of the Services and any Content for violating any of the prohibited uses. 

By submitting any content or posts via the Services (such content and posts shall be referred to as “Your Content”), you further represent and warrant that:

  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions in Your Content to permit use of Your Content in the manner contemplated by these Terms);

  • Your Content does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

  • All “moral rights” that you may have in Your Content have been voluntarily waived by you;

  • Your Content is accurate;

  • You are at least 18 years old or, if you are a minor, that you are at least 13 years old and have obtained the consent of your parent or legal guardian to use the Services and their agreement to these Terms; and

  • Your Content does not violate these Terms, the Privacy Policy or any applicable law, rules or regulations.

Except as otherwise provided in these Terms, you understand and agree that Your Content will be treated as non-confidential and non-proprietary information.

5. Payment

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of the Services and any Content.

6. Third Parties

Third-party links on the Services may direct you to a third-party website that is not affiliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites. Such information and content is the sole responsibility of the person or organization that provided or created it.  Although we reserve the right to review or remove any content that appears on the Services, we cannot—and do not—take responsibility for any content that others provide through or that is accessible through the Services. We do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we may jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you.  LOOM is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the applicable third party.

7. Intellectual Property

a. Ownership of the Services and Content 

Subject to these Terms, you may access the Services and Content available through the Services, subject to your subscription plan. You may access the Content following your creation of a free account for your personal use only on a streaming-only basis for the duration of your subscription plan. The Services and all Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. As between you and LOOM, the Services and all Content and intellectual property rights therein are the property of LOOM HQ, Inc. and is protected pursuant to applicable copyright and trademark laws. Except as expressly set forth herein, no right, title or interest in the Services or Content is transferred to you.

Except as otherwise provided herein, none of the Content or Services may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

b. Trademarks

The “LOOM” name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services or the Content, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of LOOM HQ, Inc. (the “LOOM Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the LOOM Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the LOOM Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

c. Feedback

You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us, whether by posting Your Content on the Services or through any other communication or means, will be the exclusive property of LOOM. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.

8. Termination

LOOM may terminate your access to the Services or any of the Content at any time and for any reason, including, without limitation, your breach of any of these Terms. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. Upon termination, your access and rights to the Services and Content or will immediately cease but you will remain liable for all amounts due up to and including the date of termination (including amounts due for subscriptions purchased prior to such termination). The disclaimers, indemnities, limitations of liabilities, releases and waivers set forth in these Terms shall survive any such termination.

You may also terminate these Terms at any time by deleting your account. If you terminate your account, you will lose access to your Content.

9. Disclaimer of Warranties

Your use of the Services is at your own risk. You should consult with qualified healthcare providers and make your medical decisions based on their advice. LOOM cannot and does not accept any liability in respect of any activities or decisions that you may undertake through, as a result of, or in connection with using the Services. NO COMMUNICATION, INFORMATION, OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE, WHETHER WRITTEN OR ORAL, WILL CREATE ANY WARRANTY.  IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO AT YOUR OWN RISK. 

ALL CONTENT AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” LOOM DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. LOOM DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT OR THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICES, OR ANY OTHER SOFTWARE, TECHNOLOGY OR SERVERS USED IN THE DELIVERY OF THE CONTENT AND THE SERVICES ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. 

YOU AGREE THAT WHEN YOU VIEW CONTENT OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND THE SERVICES AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND SERVICES, MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH CONTENT AND THE SERVICES IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.

10. Limitation of Liability

LOOM, ITS LICENSORS, OR OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, MEMBERS, EMPLOYEES, LICENSORS, LICENSEES, AGENTS OR REPRESENTATIVES, (COLLECTIVELY, THE “LOOM PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LOOM PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO THESE TERMS, ANY CONTENT OR THE SERVICES, EVEN IF THE LOOM PARTIES WERE ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LOOM PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF $100. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of the LOOM Parties is limited to the greatest extent permitted by law or $100, whichever is less.

YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF CONTENT AND THE SERVICES WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

11. Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the LOOM Parties from and against any and all complaints, suits, actions, proceedings, charges, claims, damages, settlements, judgments, injuries, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the the Services; (b) your violation of any law, rule or regulation or rights of any third party; or (c) your breach of these Terms (including any referenced policies or notices).

12. Privacy Policy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. By using or accessing the Services, you agree to and consent to the use of your information in accordance with our Privacy Policy, incorporated by reference herein. 

13. Apple App Store 

If you download or access our App from the Apple App Store, the following terms will apply: 

a. You acknowledge and agree that (i) these Terms are concluded between you and LOOM only, and not Apple, and (ii) LOOM, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the Apple App Store Terms of Service.

b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

c. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between LOOM and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LOOM.

d. You and LOOM acknowledge that, as between LOOM and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

e. You and LOOM acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, as between LOOM and Apple, LOOM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

f. You represent and warrant that (i) you are not located in a region that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” region and you are not listed on any U.S. government list(s) of prohibited or restricted parties. 

g. You and LOOM acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

h. Without limiting the applicability of these Terms, you must comply with all applicable third-party terms of agreement when using the App.

14. Electronic Communications

In connection with your access to and use of the Content and the Services, you hereby consent to receive electronic communications from us through email, the Services (including without limitation in-app notices), or other electronic means. 

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California.

16. Dispute Resolution and Binding Arbitration

Please read the following arbitration agreement in this Section carefully. It requires you to arbitrate disputes with LOOM and limits the manner in which you can seek relief from us

a. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and LOOM, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and LOOM are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Pre-Arbitration Dispute Resolution. LOOM is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@loomhq.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to LOOM should be sent to LOOM HQ, Inc., 5259 W. Pico Blvd., Los Angeles, CA 90019. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If LOOM and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or LOOM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by LOOM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or LOOM is entitled.

c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND LOOM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LOOM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

d. Waiver of Jury Trial. YOU AND LOOM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LOOM are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16a above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless LOOM and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, LOOM agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

f. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, LOOM may elect to pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, LOOM may elect to pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, LOOM may elect to pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

g. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

h. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (c) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (c) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.

i. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Terms to the contrary, LOOM agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending LOOM written notice within thirty (30) calendar days of the change to LOOM HQ, Inc., 5259 W. Pico Blvd., Los Angeles, CA 90019. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

17. General Terms

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms shall not create any partnership, joint venture, employment, or other agency relationship between you and LOOM.

These Terms and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

LOOM may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms to any affiliate of LOOM or to another third party in the event that some or all of the LOOM’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.

Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of the LOOM Parties), the parties agree that there are no third-party beneficiaries of these Terms.

18. Contact Information

Questions about these Terms should be sent to us at hi@learnwithloom.com.