Terms of Service
Date Effective: March 2026

General

This website (the "Site") is owned and operated by SCREENFIT, LLC (“SFL” "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from SFL. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to SFL from their creation. Thus, SFL shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as SFL determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to SFL all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that SFL has the right but not the obligation to use and display any postings or contributions of any kind and that SFL may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not SFL. Neither SFL nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, SFL neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized SFL representative while acting in their official capacity.

The information, products and services offered on or through the Site and by SFL and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of thisSite, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on thisSite or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You agree at all times to defend, indemnify and hold harmless SFL its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that SFL shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.

It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

SFL may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. SFL or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by SFL staff, SFL's outside contributors, or by users not connected with SFL, some of whom may employ anonymous user names. SFL expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of SFL or any of its subsidiaries or affiliates.

SFL has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Discounts & Special Offers

Any discounts offered on this Site or any of our affiliate sites are only available on select products and are subject to change or withdrawal at any time without notice.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the Site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site, any materials, products, or services on the Site, or with any of the Site's terms and conditions, your sole and exclusive remedy is to discontinue using the Site and the products, services and/or materials.

This Site is continually under development and SFL makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

With regards to content relating to health & wellness on the Site:
This Site offers health, wellness, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk.

Nothing stated or posted on this Site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

All purchases are non-refundable. Please see our refund policy for more information.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by SFL infringe your copyright, you, or your agent may send to SFL a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SFL actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to SFL a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. SFL's Copyright Agent for notice shall be info@screenfit.com

Assignment

This Agreement shall be binding upon and inure to the benefit of SFL and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of SFL Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by SFL to any affiliated entity or any of its wholly owned subsidiaries.

ScreenFit™ Software End User License

License Grant
SFL grants you the revocable, non-exclusive, non-transferable, limited right to install, access and use the ScreenFit™ Software on a Device owned and controlled by you, and to access and use the Software on such Device strictly in accordance with the terms and conditions of this License, and any service agreement associated with your Device (collectively “Related Agreements”). Related Agreements may include, without limitation, the terms of service of any app store, mobile platform, browser, or third-party application through which you access the ScreenFit™ Software or Content.

Restrictions on Use
You shall use the Software strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SFL or its affiliates, partners, suppliers or the licensors of the Software; (e) use the Software for any revenue generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (f) share, distribute, resell, or otherwise make your account credentials available to individuals outside of personal use; (g) share, lend, transfer, distribute, or otherwise make your account or account credentials accessible to any third party, except that you may permit use by members of your immediate family (spouse, domestic partner, parent, or child) who permanently reside in your household, provided that such use remains strictly for personal, non-commercial purposes and does not constitute simultaneous access by multiple users; (h) use the Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by SFL; (i) use the Software to send automated queries to any website or to send any unsolicited commercial email; or (j) use any proprietary information or interfaces of SFL or other intellectual property of SFL in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Software.

Rights to Software
You acknowledge and agree that the Software and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of SFL. Furthermore, you acknowledge and agree that the source and object code of the Software and the format, directories, queries, algorithms, structure and organization of the Software are the intellectual property and proprietary and confidential information of SFL and its affiliates, licensors and suppliers. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the Software by implication, estoppel or other legal theory, and all rights in and to the Software not expressly granted in this License are hereby reserved and retained by SFL.

Term
This License shall be effective for twelve (12) months following your purchase.

Termination
SFL may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by SFL. Upon termination of this License, SFL may revoke your access to the ScreenFit™ Software and Content, and you will no longer be able to log in or use your account.

Disclaimer of Warranties

You acknowledge and agree that the Software is provided on an “as is” and “as available” basis, and that your use of or reliance upon the software and any third party content and services accessed thereby is at your sole risk and discretion. SFL and its affiliates, partners, suppliers and licensors hereby disclaim any and all representation, warranties and guaranties regarding the software and third party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, SFL and its affiliates, partners, suppliers and licensors make no warranty that (i) the software or third party content and services will meet your requirements; (ii) the software or third party content and services will be uninterrupted, accurate, reliable, timely, secure or error-free; (iii) the quality of any products, services, information or other material accessed or obtained by you through the software will be as represented or meet your expectations; or (iv) any errors in the application or third party content and services will be corrected. No advice or information, whether oral or written, obtained by you from SFL or from the software shall create any representation, warranty or guaranty. Furthermore, you acknowledge that SFL has no obligation to correct any errors or otherwise support or maintain the software. Nothing stated or made available hereunder is intended to be, and must not be taken to be, the practice of medical care.

Compatibility
SFL does not warrant that the Software will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent damage to your Device, loss of the data located on your Device, and corruption of the software and files located on your Device. You acknowledge and agree that SFL and its affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

Third-Party Platform Delivery

Platform Hosting
SFL may deliver the ScreenFit™ program(s) and its associated content, including but not limited to videos, worksheets, instructions, exercises, and all related materials (collectively, the "ScreenFit™ Content"), through one or more third-party course hosting or software delivery platforms ("Third-Party Platforms"). Such Third-Party Platforms may include, but are not limited to, online course platforms, learning management systems, and software-as-a-service providers. SFL reserves the right to change, substitute, or discontinue any Third-Party Platform at any time at its sole discretion, without notice to you.

Proprietary Content
All ScreenFit™ Content made available through any Third-Party Platform remains the exclusive proprietary intellectual property of SFL. Your access to ScreenFit™ Content through a Third-Party Platform does not transfer, assign, or otherwise convey to you any ownership interest or intellectual property rights in that content. All restrictions on use set forth in these Terms of Service, including without limitation the Intellectual Property Rights section and the Software End User License, apply in full to your access to and use of ScreenFit™ Content regardless of the platform or medium through which it is delivered.

Third-Party Platform Terms
When accessing ScreenFit™ Content through a Third-Party Platform, you may also be subject to that platform's own terms of service, privacy policy, and other applicable agreements. You are solely responsible for reviewing and complying with the terms of any Third-Party Platform through which you access ScreenFit™ Content. SFL is not a party to any agreement between you and a Third-Party Platform provider, and has no responsibility or liability arising from your relationship with or use of any Third-Party Platform.

Platform Availability
SFL shall not be liable for any interruption, suspension, unavailability, or degradation of access to ScreenFit™ Content caused by a Third-Party Platform, including but not limited to outages, technical failures, changes to platform features or policies, or termination of the Third-Party Platform's services. SFL will make reasonable efforts to maintain your access to ScreenFit™ Content in the event of a platform change or discontinuation, but makes no guarantee of uninterrupted access through any particular platform.

Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of New York and any dispute shall be subject to binding arbitration by NAM (National Arbitration and Mediation) in New York, New York. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The parties agree that any arbitration is subject to these Terms of Service and not any prior arbitration agreement.

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure

These procedures are intended to increase the likelihood of prompt and low-cost resolutions to any dispute between the parties. All the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are jurisdictional in nature.

- Before a party commences an arbitration with NAM with respect to a claim, the party must first send a written notice of dispute (“Notice”). The Notice must (1) be sent by certified mail, return receipt requested or FedEx; (2) be addressed to: ScreenFit LLC, 6410 Rockledge Dr, Ste 104, Bethesda, MD 20817 (3) contain the party’s name, address, email address and date/time of website visit; (4) include a short summary of the dispute, including any relevant facts regarding the use of the Products with specific relief sought;
- The party must attend a video conference to discuss the dispute with a representative from SFL. The party’s attorney may be present;
- SFL then shall have 45 days from the date of the video conference to analyze the nature of the dispute before the filing of an arbitration with NAM by the party.
- If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, NAM Arbitration Practice Administrator/Case Manager must dismiss any arbitration claims brought by a party that has failed to follow the required steps in the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, NAM cannot accept any fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Nothing in this paragraph limits the right of SFL to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
- If after the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure has been completed, any claim or dispute arising from use of the Products shall be settled only through binding arbitration. Any complaint or lawsuit filed in a court of law shall be dismissed and the arbitration shall commence. Nothing in this paragraph limits the right of SFL to seek damages if a party files a complaint or lawsuit.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

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