Let's Talk

SheerID Terms of Use

Last Updated: August 2025

These Terms of Use (the “Terms of Use”) apply to your access to and use of the websites located at sheerid.com (or any successor links) and all associated web pages, websites, and social media pages (the “Website(s)”) provided by SheerID, Inc., including any SheerID subsidiary or affiliate (“SheerID”, “we”, “our”, or “us”). These Terms of Use do not apply to services and products provided by SheerID to its customers, which are subject to a separate agreement.

Please read these Terms of Use carefully before you access or use the Website(s). By using the Website(s) or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you may not access or use the Website(s).

We may make changes to these Terms of Use. The “Last Updated” date above indicates when these Terms of Use were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email or by updating the date at the top of these Terms of Use. Unless we say otherwise in our notice, the amended Terms of Use will be effective immediately, and your continued use of our Website(s) after we provide such notice will confirm your acceptance of the changes.

SECTION 9 (DISPUTE RESOLUTION & BINDING ARBITRATION) OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AND SHEERID AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

  1.     Eligibility & Use Restrictions

(a) Users under 18 (eighteen) years of age (or the age of legal majority where you live) may not use our Website(s). If you are a parent or guardian and you believe that your child under the age of 18 (eighteen) is using our Website(s) without your consent, please contact us at [email protected].

(b) You will not use our Website(s) if you are not eligible to use our Website(s) in accordance with Section 1 and will not use our Website(s) other than for their intended purpose. Further, you will not, in connection with our Website(s):

    • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
    • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
    • Use or attempt to use another user’s account or information without authorization from that user and SheerID;
    • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • Sell or resell Gated Offers (as defined below) on our Website(s);
    • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Website(s), except as expressly permitted by us or our licensors;
    • Modify our Website(s), including any contents herein, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website(s);
    • Use our Website(s) in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Website(s) or that could damage, disable, overburden, or impair the functioning of our Website(s) in any manner;
    • Reverse-engineer any aspect of our Website(s) or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Website(s);
    • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Website(s) except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that SheerID grants to the operators of public search engines permission to use spiders to copy materials from the Website(s) for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. SheerID reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
    • Develop or use any applications or software that interact with our Website(s) without our prior written consent;
    • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
    • Link to any online portion of the Website(s) in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by SheerID; or
    • Use our Website(s) for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms of Use.
    • Enforcement of this Section 1(b) is solely at SheerID’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

  1.     Gated Offer Listings & Promotions

The Website(s) may make available links to criteria-based third-party discounts for gated offers and services distributed by third parties (the “Gated Offers”). The listing of any Gated Offer does not imply our endorsement of such Gated Offer, or affiliation with the third-party provider of such Gated Offer. We attempt to ensure that our description of Gated Offers is complete, accurate, and current but, despite our efforts, the description may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Gated Offers (including any descriptions, features, specifications, services, or prices contained therein). Such Gated Offers (including the validity of any coupon or discount) are subject to change at any time without notice. Your dealings or correspondence with third parties and your use of or interaction with any Gated Offers are solely between you and the third party, and your access to and use of such Gated Offers may be subject to additional third-party terms, conditions, and policies applicable to such Gated Offers (including terms of service or privacy policies provided by or on behalf of the applicable third party).

  1.     Your Information & Accounts

(a) You may provide certain information to SheerID in connection with your access to or use of our Website(s), or we may otherwise collect certain information about you when you access or use our Website(s). When you provide information in connection with a Gated Offer, you may be required to provide information to the applicable third party, and any information provided to such third party is subject to that third party’s applicable terms and conditions or privacy policies. You agree to receive emails and other types of communication from SheerID via the Website(s) using the email address or other contact information you provide in connection with the Website(s). You represent and warrant that any information that you provide to SheerID in connection with the Website(s) is accurate. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

(b) To access certain parts of the Website(s) or some of the resources it offers, you may be asked to provide certain registration details or create an account. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may not share or permit others to use your individual account credentials. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

(c)  We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames. Furthermore, we reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1.     Intellectual Property Rights

(a) The Website(s), including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Gated Offers, and all intellectual property rights therein and thereto, are owned by SheerID or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms of Use, all rights in and to the Website(s) and Gated Offers, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms of Use (including Sections 1 and 4), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website(s) for your own personal, noncommercial use. Any use of the Website(s) or Gated Offers other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

(b) SheerID and our logos, product or service names, slogans, and the look and feel of the Website(s) are trademarks of SheerID and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Website(s) or Gated Offers are the property of their respective owners. Reference to any Gated Offers, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

  1.     Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about SheerID or our Website(s) or Gated Offers (collectively, the “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, Website(s), Gated Offers, or to improve or develop new Gated Offers or services, in SheerID’s sole discretion. As between the parties, SheerID will exclusively own all improvements to, or new, SheerID products, services, or Website(s) based on any Feedback. You understand that SheerID may treat Feedback as nonconfidential.

  1.     Disclaimer of Warranties

Your use of our Website(s) and any content or materials provided therein or therewith (including the Gated Offers) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Website(s), and any content or materials provided therein or therewith (including the Gated Offers), are provided “as is” and “as available” without warranties of any kind, either express or implied. SheerID disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SheerID does not represent or warrant that our Website(s) or any content provided therein or therewith (including the Gated Offers) are accurate, complete, reliable, current, or error-free or that access to our Website(s) or any content provided therein or therewith will be uninterrupted. While SheerID attempts to make your use of our Website(s) and any content provided therein or therewith (including the Gated Offers) safe, we cannot and do not represent or warrant that our Website(s) or any content provided therein or therewith (including the Gated Offers) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Website(s) and any content provided therein or therewith (including the Gated Offers). All disclaimers of any kind (including in this section and elsewhere in these Terms of Use) are made for the benefit of SheerID, SheerID Parties (as defined below), and SheerID’s respective shareholders, directors, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

  1.     Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SheerID and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “SheerID Parties”) from and against any losses, liabilities, claims, lawsuits, actions, demands, damages, expenses, or costs (collectively, the “Actions”) arising out of or related to: (a) your access to or use of the Website(s); (b) your Feedback; (c) your violation of these Terms of Use; or (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will promptly notify SheerID Parties of any third-party Actions, cooperate with SheerID Parties in defending such Actions, and pay all fees, costs, and expenses associated with defending such Actions (including attorneys’ fees). The SheerID Parties will have control of the defense or settlement, at SheerID’s sole option, of any third-party Actions. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SheerID or the other SheerID Parties.

  1.     Limitation on Liability, Release, and Limited Time to File

(a) To the fullest extent permitted by applicable law, SheerID and the other SheerID Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if SheerID or the other SheerID Parties have been advised of the possibility of such damages.

(b) The total liability of SheerID and the other SheerID Parties for any claim arising out of or relating to these Terms of Use, the Website(s), or Gated Offers, regardless of the form of the action, is limited to the greater of $1,000.00 (one thousand U.S. dollars) or the amount paid by you to use our Website(s) that gave rise to the claim.

(c)  The limitations set forth in this Section 8 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of SheerID or the other SheerID Parties or for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

(d) To the fullest extent permitted by applicable law, you release SheerID and the other SheerID Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to: (i) disputes between users; and/or (ii) the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  1.     Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SHEERID TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND SHEERID CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND SHEERID FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND SHEERID AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. SHEERID AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

YOU AND SHEERID EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 9(j) IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

(a) Claims This Section Applies To. This Section 9 applies to all Claims between you and SheerID. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 9(c), below) between you and SheerID, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms of Use, the Gated Offers, and/or the Website(s), including any claims related to the use or operation of the Website(s), the use of any Gated Offers, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section 9 or any portion of it.

(b) Informal Dispute Resolution Before Arbitration. If you believe that you have a Claim against SheerID or if SheerID believes that it has a Claim against you, you and SheerID will first attempt to resolve the Claim informally in an effort to resolve the Claim more quickly and reduce costs for both parties. You and SheerID will make a good-faith effort to negotiate the resolution of any Claim for 45 (forty-five) days (the “Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 9(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.

You must send any Claimant Notice to SheerID by certified mail, addressed to SheerID, Inc., Attn: Legal Department, 1300 SW 5th Avenue, Suite 800, Portland, OR 97201 USA or by email to [email protected]. SheerID will send any Claimant Notice to you by certified mail or email using the contact information you have provided to SheerID. The party sending a Claimant Notice (the “Claimant”) will ensure that it includes: (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand (each, an “Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or SheerID files an Arbitration Demand without complying with the requirements set forth in this Section 9, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Resolution Period through the date when suit or arbitration may be filed under these Terms of Use.

(c)  Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or SheerID, including any disputes in which you or SheerID seek injunctive or other equitable relief for the alleged unlawful use of your or SheerID’s intellectual property (collectively, the “IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 9(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.

(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 9, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (the “FAA”). If you are a “Consumer,” meaning that you only use the Website(s) for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules and Mediation Procedures, as modified by these Terms of Use (the “Rules”), will apply to Claims between you and SheerID. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms of Use, will apply to Claims between you and SheerID.

These Terms of Use affect interstate commerce, and the enforceability of this Section 9 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms of Use, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or SheerID to satisfy an individual Claim (that the arbitrator determines is supported by credible relevant evidence).

(e)  Arbitration Procedure and Location. You or SheerID may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.

Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any Arbitration Demand to SheerID by certified mail addressed to SheerID, Inc., Attn: Legal Department, 1300 SW 5th Avenue, Suite 800, Portland, OR 97201 USA or by email to [email protected]. SheerID will send any Arbitration Demand to you by certified mail or, if no physical address has been provided, by email using the contact information that you have provided to SheerID.

The arbitration will be conducted by a single arbitrator in the English language. You and SheerID both agree that the arbitrator will be bound by these Terms of Use.

For Claims in which the Claimant seeks less than $10,000.00 (ten thousand U.S. dollars), the arbitrator will decide the matter based solely on written submissions unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks $10,000.00 (ten thousand U.S. dollars) or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and SheerID agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms of Use.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that: (i) the Claim was not warranted by existing law or by a nonfrivolous argument; (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; and/or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) Confidentiality. If you or SheerID files a Claim in arbitration, you and SheerID agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or be the subject of discovery in the arbitration. You and SheerID agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(i) Mass Disputes. If 25 (twenty-five) or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 9(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.

                      (i) Applicable Rules. Any Mass Dispute-related Arbitration Demands shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms of Use. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules and, to the extent the procedures conflict with those Rules, to supersede them.

                    (ii) Initial Arbitrations. The parties shall identify an initial set of 20 (twenty) Claimant Notices to proceed as Arbitration Demands (collectively, the “Initial Arbitrations”) in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 (ten) Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 (twenty) selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until a Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.

                   (iii) Mediation. Upon conclusion of the 20 (twenty) Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 (thirty) days following the conclusion of the last of the Initial Arbitrations to agree upon a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 (thirty) days after such mediation concludes or 90 (ninety) days after the appointment of a mediator, whichever is sooner.

                   (iv) Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 (one hundred) or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the 20 (twenty) Initial Arbitrations or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 (thirty) days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 10.

If complaints based upon Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment although, to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

If the mediation process concludes with fewer than 100 (one hundred) Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 (thirty) Claimant Notices (or the total remaining if fewer than 30) that comply with Section 9(b) to proceed in arbitration in the same manner as described in Section 9(i)(ii), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 (thirty) days of the date you first accepted a version of these Terms of Use by emailing [email protected]. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order for it to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 10.

(k)  Rejection of Modifications to this Section 9. You may reject any change that we make to this Section 9 (except changes to notice addresses) as to you, by emailing [email protected] within 30 (thirty) days of the date you first accepted a version of these Terms of Use. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 9. You may reject changes to Section 9 only as a whole. You may not reject only certain changes to Section 9. If you reject changes made to Section 9, the version of Section 9 that was in effect on the date you first accepted a version of these Terms of Use will continue to apply.

(l) Severability. If any portion of this Section 9 is found to be unenforceable or unlawful for any reason including, but not limited to, because it is found to be unconscionable: (i) the unenforceable or unlawful provision will be severed from these Terms of Use; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 9 or the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Section 9; and (iii) to the extent that any Claims may proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms of Use, and not in arbitration. The litigation of such Claims will be stayed pending the outcome of any individual Claims in arbitration. Further, if any part of this Section 9 is found to prohibit an individual Claim from seeking injunctive relief from a court of competent jurisdiction, that provision will have no effect to the extent that such relief is allowed to be sought in arbitration, and the remainder of this Section 9 will continue to be enforceable.

  1.     Governing Law and Venue

Any dispute, claim, or controversy that arises from or relates to the Website(s) (including any Gated Offers listed therein) or these Terms of Use will be governed by and construed and enforced in accordance with the laws of the State of Oregon, USA, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Oregon or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms of Use, the Website(s) (including any Gated Offers therein) that is not subject to arbitration pursuant to Section 9 and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in Multnomah County, Oregon, USA. You and SheerID each: (i) agree that (in your case) You and (in SheerID’s case) SheerID are subject to personal jurisdiction in Multnomah County, Oregon; and (ii) waive all rights to contend that Multnomah County, Oregon, is an inconvenient or improper forum. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that such local law conflicts with this section.

  1.     Miscellaneous

(a) SheerID’s failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms of Use will remain in full force and effect.

(b) These Terms of Use reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

(c)  If you have a question or complaint regarding the Website(s), please send an email to [email protected]. You may also contact us by writing to 1300 SW 5th Avenue, Suite 800, Portland, OR 97201 USA. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.