Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to any plan, posting any listing, browsing any listing, or otherwise accessing or using the Platform, you unconditionally accept and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, rules, or policies referenced herein or published on the Platform from time to time. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform and delete your account.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms “you” and “your” shall refer to such entity.

We reserve the right to modify, amend, or update these Terms at any time, in our sole and absolute discretion, by posting the revised Terms on the Platform. Your continued use of the Platform after any such modification constitutes your acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically. If you do not agree to any modified Terms, your sole remedy is to cease using the Platform.

2. Description of Service

PestControlBusinesses.com is an online marketplace platform that provides a comprehensive suite of services for the pest control industry, including: (a) a public directory of pest control businesses across the United States compiled from publicly available data sources; (b) a consumer quote request and lead generation service that connects homeowners with pest control professionals; (c) a marketplace for buying and selling pest control businesses; (d) business profile claiming and management tools; (e) educational resources including pest identification guides and state licensing guides; (f) customer reviews and ratings; and (g) industry tools, resources, and member benefits for pest control business owners.

THE PLATFORM IS STRICTLY A MARKETPLACE AND ADVERTISING VENUE. PESTCONTROLBUSINESSES.COM AND VIRGINIA MERGERS & ACQUISITIONS, LLC ARE NOT AND DO NOT ACT AS A BUSINESS BROKER, BROKER-DEALER, INVESTMENT ADVISER, FINANCIAL ADVISER, REAL ESTATE BROKER, OR ANY OTHER TYPE OF LICENSED OR REGISTERED PROFESSIONAL ADVISOR. WE DO NOT PARTICIPATE IN, NEGOTIATE, MEDIATE, OR FACILITATE ANY TRANSACTION BETWEEN USERS. WE DO NOT PROVIDE ANY VALUATIONS, APPRAISALS, OPINIONS OF VALUE, OR ASSESSMENTS OF ANY BUSINESS LISTED ON THE PLATFORM.

The Company’s sole function is to provide the technology platform and marketplace space where Users may post and view listings. Any and all negotiations, due diligence, agreements, contracts, transactions, and communications between buyers and sellers are conducted solely between the parties involved, at their own risk and discretion. The Company is not a party to any transaction between Users and bears no responsibility or liability for any aspect of any such transaction.

The Company makes no representation that the Platform is appropriate or available for use in all jurisdictions. Users who access the Platform from other jurisdictions do so at their own initiative and are solely responsible for compliance with applicable local laws and regulations.

3. User Accounts and Registration

To access certain features of the Platform, you must create an account. When registering, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your login credentials; (d) accept full responsibility for all activities that occur under your account; and (e) immediately notify the Company of any unauthorized use of your account or any other breach of security.

You may not: (a) create an account using a false identity or information, or on behalf of someone other than yourself without proper authorization; (b) create more than one account for the same individual or entity without prior written consent; or (c) share your account credentials with any third party.

The Company reserves the right to suspend, disable, or terminate your account at any time, for any reason or no reason, in our sole and absolute discretion, without prior notice or liability to you.

4. Subscription and Payment Terms

Certain features of the Platform require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described on the Platform at the time of purchase. All fees are quoted in United States Dollars (USD) unless otherwise stated.

ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. Once you have subscribed and gained access to the paid features of the Platform, you have received the service for which you were charged. The Company does not issue refunds, credits, or pro-rated reimbursements for any subscription period, whether partial or complete, for any reason whatsoever, including but not limited to: dissatisfaction with the Platform, failure to use the Platform, inability to find a buyer or seller, account suspension or termination due to violation of these Terms, or any other circumstance.

Subscriptions may automatically renew at the end of each billing cycle at the then-current rate unless cancelled prior to the renewal date. You are responsible for monitoring your subscription and renewal dates.

Cancellation Requests: To request cancellation of your subscription, you must send an email to brian@pestcontrolbusinesses.com with the subject line “Subscription Cancellation Request.” Cancellation requests will be processed within a reasonable timeframe. Cancellation will take effect at the end of the current billing period. No refund will be issued for any remaining portion of the billing period.

The Company reserves the right to change subscription pricing at any time. Price changes will take effect at the beginning of the next billing cycle following notice of the change. Your continued use of the Platform after a pricing change constitutes your acceptance of the new pricing.

5. User Content and Listings

The Platform allows Users to submit, post, and publish content, including but not limited to business listings, descriptions, financial information, photographs, contact information, and other materials (“User Content”). You retain ownership of your User Content, subject to the license granted below.

By posting User Content on the Platform, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and the Company’s business operations, including for promotional and marketing purposes.

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU SUBMIT, POST, OR OTHERWISE MAKE AVAILABLE THROUGH THE PLATFORM. You represent and warrant that: (a) all User Content is accurate, truthful, complete, and not misleading; (b) you have all necessary rights, licenses, consents, and permissions to post such content; (c) your User Content does not violate any applicable law, regulation, or third-party right; and (d) your User Content does not contain any false, fraudulent, or deceptive statements or representations.

You acknowledge that User Content, including business listings, may be publicly visible to other Users of the Platform and potentially to the general public. You are solely responsible for determining what information you choose to disclose publicly through the Platform.

The Company reserves the right, but has no obligation, to review, monitor, edit, or remove any User Content at any time, for any reason or no reason, in our sole and absolute discretion.

6. Business Directory and Publicly Sourced Data

The Platform maintains a directory of pest control businesses compiled from publicly available sources, including government licensing databases, public business registrations, Google Business Profiles, business websites, and other publicly accessible data. Business profiles may be created and displayed on the Platform without the prior knowledge or consent of the business owner, based solely on publicly available information.

Unclaimed business profiles are clearly marked as unverified and may contain information that is incomplete or outdated. Business owners may claim their profiles at no cost to take control of the information displayed, correct inaccuracies, and enhance their listings.

Business Removal: Business owners who wish to have their business removed from the directory may submit a removal request by emailing brian@pestcontrolbusinesses.com with the subject line “Business Removal Request” along with the business name, address, and proof of ownership or authority. Removal requests will be processed within thirty (30) business days.

The Company reserves the right to display publicly available business information in its directory. Listing a business in the directory based on public data is not an endorsement, recommendation, or verification of that business.

7. Consumer Quote Requests and Lead Services

7.1 For Consumers

When you submit a quote request through the Platform, you understand and agree that: (a) your contact information and service details will be shared with one or more pest control businesses in your area; (b) those businesses may contact you directly by phone, email, or text message regarding your request; (c) the Company does not guarantee that you will receive quotes or that the businesses will be able to fulfill your request; and (d) the Company is not a party to any agreement between you and a pest control business and assumes no responsibility for the quality, safety, or legality of services provided.

By submitting a quote request, you expressly consent to being contacted by pest control businesses and by PestControlBusinesses.com regarding your service needs and related information.

7.2 For Business Owners

Business owners who receive consumer leads through the Platform acknowledge that: (a) consumer leads are provided as a benefit of paid membership tiers—Standard members receive a limited number of leads per month and Premium members receive unlimited leads with priority geographic matching; (b) Free-tier listings are not eligible to receive consumer leads; (c) lead volume and priority vary by subscription tier and are subject to availability of consumer requests in the business’s service area; (d) the Company does not guarantee the quality, accuracy, authenticity, or conversion rate of any leads; and (e) business owners are solely responsible for their interactions with consumers and for complying with all applicable laws regarding communications, telemarketing, and data privacy.

The Company reserves the right to modify lead allocation, delivery methods, tier benefits, and matching criteria at any time without prior notice. Future versions of the lead program may include per-lead fees or other billing structures, which will be communicated to affected business owners before taking effect.

8. Marketing Communications

By creating an account, submitting a quote request, claiming a business profile, or otherwise providing your contact information through the Platform, you consent to receive marketing communications from PestControlBusinesses.com, including newsletters, industry news, promotional offers, platform updates, and information about pest control services and business opportunities.

You may opt out of marketing communications at any time by: (a) clicking the “unsubscribe” link in any marketing email; (b) emailing brian@pestcontrolbusinesses.com with the subject “Unsubscribe”; or (c) replying “STOP” to any marketing email.

Opting out of marketing communications does not affect transactional or service-related communications necessary for the operation of your account, including but not limited to account verification, password resets, lead notifications, quote confirmations, and subscription billing notices.

9. Reviews and Ratings

Users may submit reviews and ratings of pest control businesses listed on the Platform. By submitting a review, you represent and warrant that: (a) your review is based on a genuine experience with the business; (b) your review is accurate and truthful; (c) you have no financial or competitive interest in the business or its competitors that would bias your review; and (d) your review does not contain defamatory, abusive, or illegal content.

The Company does not verify the authenticity of reviews and is not responsible for the content of user-submitted reviews. Business owners may respond to reviews through their claimed profiles. The Company reserves the right to remove reviews that violate our guidelines, at our sole discretion.

Reviews are considered public content and are displayed publicly on the Platform. By submitting a review, you grant the Company the rights described in Section 5 (User Content and Listings).

10. No Guarantee of Accuracy

THE COMPANY DOES NOT VERIFY, VALIDATE, AUTHENTICATE, CONFIRM, OR INDEPENDENTLY ASSESS THE ACCURACY, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, DATA, CLAIMS, REPRESENTATIONS, STATEMENTS, FINANCIAL FIGURES, PROJECTIONS, OR OTHER CONTENT POSTED BY ANY USER ON THE PLATFORM. THIS INCLUDES, WITHOUT LIMITATION, REVENUE FIGURES, PROFIT CLAIMS, CUSTOMER COUNTS, CONTRACT DETAILS, ASSET VALUATIONS, BUSINESS HISTORIES, GROWTH PROJECTIONS, OR ANY OTHER INFORMATION CONTAINED IN ANY LISTING OR COMMUNICATION ON THE PLATFORM.

All claims, representations, and statements made by business owners, sellers, buyers, investors, or any other User on the Platform are the sole claims and representations of the individual User who made them. Such claims have not been independently verified, audited, confirmed, or endorsed by the Company in any way. The Company expressly disclaims any and all responsibility for the accuracy or reliability of any User Content.

You acknowledge and agree that any reliance you place on any information, content, or materials available on or through the Platform is strictly at your own risk. You assume all risk and responsibility for conducting your own independent due diligence, investigation, and verification of any and all information before entering into any transaction, agreement, or relationship with any other User.

The Company strongly recommends that all Users retain qualified, independent legal, financial, accounting, and business professionals to assist with the evaluation of any business opportunity, and to independently verify all information before making any investment or purchase decision.

11. No Advisory Relationship

No information, content, or communication provided on or through the Platform shall be construed as financial advice, investment advice, legal advice, tax advice, accounting advice, business valuation advice, or any other form of professional advisory service. The Company is not a financial advisor, investment advisor, legal advisor, tax advisor, business broker, broker-dealer, or any other type of licensed or regulated professional.

Your use of the Platform does not create any fiduciary relationship, advisory relationship, agency relationship, partnership, joint venture, employment relationship, or any other special relationship between you and the Company. The Company owes no fiduciary duty or duty of care to any User.

You are solely responsible for obtaining your own independent professional advice regarding any transaction contemplated through the Platform, including but not limited to legal counsel, financial advisors, certified public accountants, and business valuation professionals.

12. Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, VIRGINIA MERGERS & ACQUISITIONS, LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, EXPERT WITNESS FEES, AND COSTS OF INVESTIGATION AND LITIGATION) ARISING OUT OF OR RELATING TO:

• Your access to or use of the Platform, or any activity conducted through your account;
• Any User Content you submit, post, transmit, or otherwise make available on or through the Platform;
• Any transaction, negotiation, communication, agreement, dispute, or interaction between you and any other User of the Platform or any third party, whether or not such transaction was initiated or facilitated through the Platform;
• Any inaccuracy, misrepresentation, omission, or fraud in any information, listing, or content you provide or make available;
• Your violation of these Terms or any applicable law, regulation, ordinance, or third-party right;
• Any claim by any third party arising from or related to your use of the Platform, your User Content, or any transaction in which you participate;
• Your failure to conduct adequate due diligence or to obtain independent professional advice before entering into any transaction;
• Any claim that your User Content caused damage to a third party; and
• Any breach of any representation or warranty you have made under these Terms.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Platform, and shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

12.1 Release of Claims Related to Transactions

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, DISCHARGE, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO ANY TRANSACTION, DISPUTE, OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM. THIS RELEASE INCLUDES, WITHOUT LIMITATION, CLAIMS ARISING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES.

You expressly waive and relinquish any and all rights and benefits that you may have under any state or federal statute, rule, or common law principle that would otherwise limit the scope of this release to only those claims known or suspected to exist at the time of executing this release.

12.2 Sole Responsibility for Due Diligence

You acknowledge and agree that you are solely and exclusively responsible for performing all due diligence, investigation, and verification necessary before entering into any transaction with any other User. The Company has no duty, obligation, or responsibility to verify any information, perform background checks, audit financial records, confirm business ownership, validate claims, or take any other investigative action on behalf of any User. Your failure to perform adequate due diligence shall not give rise to any claim against the Company.

12.3 Waiver of Class Action Rights

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY OR ANY INDEMNIFIED PARTY. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth in Section 18 shall be deemed null and void in their entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

12.4 No Obligation to Mediate Disputes Between Users

The Company has absolutely no obligation, duty, or responsibility to mediate, arbitrate, adjudicate, resolve, or otherwise become involved in any dispute, disagreement, claim, or controversy between Users of the Platform, whether arising from a transaction, listing, communication, or any other interaction. Any disputes between Users are solely between those Users, and the Company shall bear no liability or responsibility for the outcome of any such dispute.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, VIRGINIA MERGERS & ACQUISITIONS, LLC, OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS LESS.

The limitations of liability set forth in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction, even if any remedy specified in these Terms is deemed to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full, but shall apply to the maximum extent permitted by applicable law.

You acknowledge and agree that the Company has set its prices and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect a reasonable and fair allocation of risk between you and the Company, and that they form an essential basis of the bargain between you and the Company.

14. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, FEATURES, AND FUNCTIONALITY MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Without limiting the foregoing, the Company makes no warranty or representation that: (a) the Platform will meet your requirements or expectations; (b) the Platform will be uninterrupted, timely, secure, or error-free; (c) the results obtained from your use of the Platform will be accurate, reliable, or complete; (d) the quality of any listings, information, content, or services obtained through the Platform will meet your expectations; (e) any errors or defects in the Platform will be corrected; (f) the Platform will be free of viruses or other harmful components; or (g) any User Content, including business listings and financial information, is accurate, truthful, current, or complete.

You expressly acknowledge and agree that your use of the Platform is entirely at your sole risk.

15. User Conduct

You agree that you will not use the Platform to:

• Post any false, misleading, fraudulent, or deceptive content or listings;
• Engage in any form of fraud, misrepresentation, or deceptive practice;
• Violate any applicable federal, state, local, or international law, regulation, or ordinance;
• Infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party;
• Transmit any viruses, malware, worms, or other malicious or harmful code;
• Attempt to gain unauthorized access to the Platform, other User accounts, or any computer systems or networks connected to the Platform;
• Use any automated means, including bots, scrapers, crawlers, or spiders, to access, collect data from, or interact with the Platform without our prior written consent;
• Harass, intimidate, threaten, or abuse any other User;
• Circumvent, disable, or otherwise interfere with any security-related features of the Platform;
• Use the Platform for any purpose other than its intended purpose as a marketplace for pest control business listings;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform; or
• Engage in any activity that could damage, disable, overburden, or impair the Platform’s infrastructure.

The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this section, including reporting such violations to law enforcement authorities.

16. Intellectual Property

The Platform, including all text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation of all content on the Platform, is the exclusive property of Virginia Mergers & Acquisitions, LLC or its content suppliers, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The trademarks, service marks, trade names, and logos used and displayed on the Platform, including “PestControlBusinesses.com” and any associated logos, are registered and/or unregistered trademarks of Virginia Mergers & Acquisitions, LLC. Nothing on the Platform should be construed as granting any license or right to use any trademark without the Company’s prior written permission.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Platform, except as expressly permitted by these Terms or with the Company’s prior written consent.

17. Third-Party Links and Services

The Platform may contain links to third-party websites, services, applications, or resources that are not owned, controlled, or operated by the Company. These links are provided solely as a convenience and do not constitute an endorsement, sponsorship, or recommendation of any third-party website, service, product, or content.

The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed on any third-party websites or services. Your interactions with any third-party website or service, including payment transactions, are solely between you and such third party.

The Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services available on or through any third-party websites or services.

18. Dispute Resolution

18.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict of law provisions.

18.2 Mandatory Binding Arbitration

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR YOUR USE OF THE PLATFORM, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR. THE SEAT AND VENUE OF THE ARBITRATION SHALL BE IN THE COMMONWEALTH OF VIRGINIA.

The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in Section 13 (Limitation of Liability) and shall not multiply actual damages or award punitive or consequential damages, and each party hereby irrevocably waives any claim to such damages.

Each party shall bear its own costs and expenses in connection with the arbitration, including attorneys’ fees, unless the arbitrator determines that the claims were frivolous, in which case the non-prevailing party shall bear all costs of the arbitration.

18.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

18.4 Time Limitation on Claims

You agree that any cause of action or claim arising out of or related to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

19. Termination

The Company may, in its sole and absolute discretion, at any time and for any reason or no reason, with or without prior notice: (a) suspend or terminate your account and access to the Platform; (b) remove or disable any User Content; and (c) take any other action the Company deems necessary or appropriate. Upon termination, your right to use the Platform will immediately cease.

Termination of your account shall not entitle you to any refund of subscription fees previously paid, whether in whole or in part.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitation of liability, dispute resolution, and the class action waiver.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions shall continue in full force and effect. To the extent permitted by applicable law, the parties agree that any invalid, illegal, or unenforceable provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices, policies, or agreements published by the Company on the Platform, constitute the entire agreement between you and the Company regarding your use of the Platform, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us at: