TERMS OF SERVICE

Last Updated: October 9, 2022 

These E-commerce Terms of Use (“Terms”) apply to your use of jonprosper.com and any purchase of merchandise made via Shopify (the “Site”). 

These Terms are entered into between you and JonProsper, LLC (the “Company,” “we,” or “us”).  These Terms expressly incorporate any other documents referenced herein (such as our Privacy  Policy) and govern your access to and use of the Site, as well as all content, functionality, services and merchandise offered on or through the Site. 

Please read these Terms carefully before using the Site. The Site is intended for use by those who  are 18 years of age or older, or the age of majority or older in their jurisdiction of residence. TO  THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THE SITE IN ANY WAY,  INCLUDING, WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION, AND/OR  SUBMITTING INFORMATION TO THE COMPANY, YOU AGREE TO COMPLY WITH APPLICABLE  LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES  CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO  CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE  AND REMEDY EXCLUSIONS AND LIMITATIONS (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY  SET FORTH HEREIN). 

Please note that Section 12 contains an arbitration clause and class action waiver. By agreeing to  these Terms, you agree to resolve all disputes through binding individual arbitration, which means  that you waive any right to have the dispute decided by a judge or jury, and you waive any right  to participate in collective action, whether that be a class action, class arbitration, or representative  action. You have the ability to opt-out of this arbitration clause by sending us notice of your intent  to do so within thirty (30) days of your initial agreement to these Terms. 

Your Account.

In order to use certain features of the Site (for example, purchasing merchandise from the Site,  you must register for an account with JonProser (“Account”) and provide certain information  about yourself. You represent and warrant that: (a) all required registration information you submit  is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use  of the Site does not violate any applicable law or regulation or these Terms. The Company may  suspend or terminate your Account at any time, for any reason, in our sole discretion. 

You are responsible for maintaining the confidentiality of your Account, including any login  information. You are fully responsible for all activities that are associated with your Account  (including but not limited to any purchases, use of the Site, or correspondence from your Account  to the Company). You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. When you provide  the Company with such notice, the Company will suspend or otherwise secure your Account to  prevent future unauthorized activity. 

Site Content.

Content on the Site that is provided by the Company or its licensors, including certain graphics,  photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product  and program names, slogans, articles, data, code, videos and the compilation of the foregoing  (“Site Content”) is the property of the Company and its licensors, and is protected in the United  States and internationally under trademark, copyright, and other intellectual property laws. The  JonProsper logo and any JonProsper product or service names, logos, or slogans that may appear  on the Site or elsewhere are trademarks of JonProsper or our affiliates, and may not be copied,  imitated or used, in whole or in part, without our prior written permission. 
You may not use any Site Content or link to the Site without our prior written permission. You  may not use framing techniques to enclose any Site Content without our express written consent.  In addition, the look and feel of Site Content, including without limitation, all page headers,  custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress  of JonProsper and may not be copied, imitated, or used, in whole or in part, without our prior  written permission. 

Terms of Sale.

Merchandise and Pricing. All merchandise or listed on the Site is subject to change, as is merchandise information, pricing, and availability. In the event certain merchandise is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of  your order (as described below), to decline or cancel any such orders, whether or not the order  has been confirmed and/or your debit, credit card, Google Pay, Meta Pay, Apple Pay, Bancontact,  iDEAL, or Shop Pay account (each a “Payment Account”) has been charged. If your Payment  Account has already been charged for the order and we cancel your order, we will issue a credit  to your Payment Account in the amount of the charge. 

Payment Terms. For any merchandise you order on the Site, you agree to pay the price applicable  for the merchandise as of the time you submitted your order, the delivery fees for the delivery  service you select (“Delivery Fees”), and any applicable Taxes (defined below). The Company will  automatically bill your Payment Account submitted as part of the order process for such amounts  within five days of the order date, and you hereby authorize us to do so. Your payment will be  processed in USD$. If your order is being shipped to an address outside of the US, your total price  may differ depending on variations in currency conversion rates and any foreign transaction fees  applied by your payment provider. Please see our Shipping Policy below for a list of countries and  territories where we may ship your merchandise. Shipping is not available to all countries and  territories.

You will be solely responsible for payment of all taxes (other than taxes directly imposed on the  Company’s business activity in a state, such as income taxes), fees, duties, and other governmental  charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not  withheld by the Company.  

Your Order. Your receipt of an order confirmation from us does not signify our acceptance of  your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time  after receipt of your order to accept or decline or cancel your order (in whole or in part) for any  reason. We reserve the right to limit product quantities on orders placed by the same account, on  orders placed by the same method of payment, and on orders that use the same billing or  shipping address. We reserve the right to, in our sole discretion, restrict or prohibit purchases of  any products to resellers, dealers, and distributors. We may require additional verifications or  information before accepting any order. Your order is not accepted until it is shipped (or a portion  of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part  of your order, your sole and exclusive remedy is that we (a) issue a credit to your Payment Account  in the amount charged for the canceled portion (if your credit card has already been charged for  the order) or (b) not charge your Payment Account for the canceled portion of the order. 

Shipping Policy. Some product and launches may be limited only to the US. Any delivery dates provided by the Company are estimates. The Company reserves the right to make deliveries in installments. The Company will send you an email when your order has shipped and you may review your order and shipping & handling information on your JonProsper Account page. The company ships within the U.S. (excluding PO Box), and to countries outside of the U.S., except we do not ship to  Afghanistan, Belarus, Central African Republic, Comoros, Equatorial Guinea, Falkland Islands,  Guinea-Bissau, Mayotte, Myanmar (Burma), Nauru, Niue, Russia, Sierra Leone, Solomon Islands,  Somalia, South Sudan, St. Helena, St. Pierre & Miquelon, Sudan, Tajikistan, Tokelau, Turkmenistan,  Tuvalu, Ukraine, Uruguay, or Yemen. Legal title to, right of possession, and risk of loss or damage  to or destruction of the products purchased shall transfer to customer upon the Company’s  delivery to carrier at shipping point.  

Return Policy. All merchandise is final sale and non-refundable. We do not accept returns or  exchanges of merchandise, unless your merchandise is damaged (see below). 
Damaged Merchandise. If merchandise arrives damaged (“Damaged Merchandise”), the  Company will accept returns for a full refund only in accordance with the Return Procedures below.  Once we confirm that you received Damaged Merchandise that was returned in accordance with  the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to  your Payment Account in the amount charged for the Damaged Merchandise (if your Payment  Account has already been charged for the merchandise) or (b) we will not charge your Payment  Account for the Damaged Merchandise. The refunded amount will include the applicable Delivery  Fees. 

Return Procedures. To return Damaged Merchandise, you must have a case number with UPS  and/or send visual proof of damage through a support ticket to jonprospernft@gmail.com. You  must initiate your return within 30 days after your merchandise delivery date. All returned 

Damaged Merchandise must be unused (e.g., not worn, washed, damaged, or altered), in the  original packaging with original tags attached and returned in accordance with any other  instructions received from contacting customer service.
 
Intellectual Property.

Other than Site Content, all other trademarks, product names, and logos on the Site are the  property of their respective owners and may not be copied, imitated, or used, in whole or in part,  without the permission of the applicable trademark holder. Without limiting the foregoing, if you  believe that third-party material hosted on the Site infringes your copyright or trademark rights,  please file a notice of infringement by contacting the Designated Copyright Agent listed below. 

Your notice must contain the following information as required by the Digital Millennium  Copyright Act (17 U.S.C. §512) (“DMCA”): 

The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner; 
Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed; 
Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material); 
A mailing address, telephone number, and email address where we can contact you; 
A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and 
A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. 

Please submit your notice to the Designated Agent below: 
JonProsper, LLC 
Legal Department 
253 Linden Place 
New Milford, NJ 07646
Email: jonprospernft@gmail.com 

Once you provide us with an adequate notice as described above, we will respond expeditiously  and take whatever action, in our sole discretion, that is deemed appropriate including removal of  the disputed copyrighted work from the Site. 

Counter-Notice: 

If you believe that a DMCA notice of copyright infringement has been improperly submitted  against you, you may submit a counter-notice to the Designated Agent with the following  information required by the DMCA: 
Your physical or electronic signature; 
Identification of the copyrighted work that has been removed or to which access has been disabled including a link to the page on the Site that contained the material before it was removed or disabled; 
A statement under penalty of perjury that you have a good faith belief that the copyrighted work was removed or disabled as a result of mistake or misidentification; 
Your name, address, e-mail address, and telephone number; and 
A statement that you (i) consent to the jurisdiction of the Federal District Court in the judicial district where your address is located if the address is in the United States, or the United District Court for the District of New Jersey  if your address is located  outside of the United States, and (ii) accept service of process from the person who provided  the DMCA notice of the alleged copyright infringement. 

Please submit your counter-notice to the Designated Agent below: 
JonProsper, LLC 
Legal Department 
253 Linden Place 
New Milford, NJ 07646
Email: jonprospernft@gmail.com 

In the event that the Company receives a counter-notice in compliance with the above  requirements, we will provide the person who submitted the DMCA copyright infringement notice  with a copy of the counter-notice, informing them that the Company will replace the removed  material in 10 business days from the date of the counter-notice unless the Company first receives  notice from the person who submitted the DMCA copyright infringement notice that they have  filed an action seeking a court order to restrain the allegedly infringing activity. 

PLEASE NOTE THAT JONPROSPER INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL  MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR  POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and  use the Site Content. In return, you agree not to engage, or assist, in any activity that violates any  law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S.  Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of  any unlawful activity; not to engage in any other activity or behavior that poses a threat to JonProsper, LLC, (e.g., by distributing a virus or other harmful code, or through unauthorized access  to the Site and not to interfere with other users’ access to or use of the Services). 

You also agree not to: (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly  display any Site Content; (2) modify or create derivative works from the Site Content, or any  portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods  on the Site Content; (4) download any portion of the Site Content, other than for purposes of  page caching, except as expressly permitted by us. 

If you are unsure whether a contemplated use of the Site Content and its content would violate  these Terms, please contact us at jonprospernft@gmail.com.  

Privacy.

You acknowledge and agree to the collection, use, and disclosure of your personal information in  accordance with our Privacy Policy, which is incorporated into these Terms. 

Third Party Services & External Links.

The Site may allow you to access or interact with apps, websites, materials, products or services  made available by others (“Third Party Services”). By connecting to Third Party Services, you agree  that we may exchange information and data with the Third Party Services consistent with our  Privacy Policy. We do not control, endorse, and are not responsible for, any Third Party Services,  including their accuracy, integrity, quality, legality, usefulness or safety. The Company has no  obligation to monitor Third Party Services, and may block or disable access to them at any time.  You should contact the operator of the Third Party Service with any questions about their Third  Party Services. 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN  RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES. 

Modifications.

You agree and understand that we may modify part or all of this Site or any of the services  provided through the Site without notice, and that we may update these Terms and any other  document incorporated by reference therein at any time. The Company reserves the right to make  these changes without notice. You are responsible for regularly reviewing these Terms, and your  continued use of the Site following any changes indicates your acceptance of those changes. 

Disclaimers.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JONPROSPER, LLC, THE  SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL MERCHANDISE LISTED  THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR  CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. JONPROSPER (AND ITS SUPPLIERS)  MAKE NO WARRANTY THAT THE SITE OR MERCHANDISE WILL (1) MEET YOUR REQUIREMENTS;  (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE  ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. 
JONPROSPER WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR  TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. JONPROSPER  DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SITE CONTENT IS ACCURATE,  COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 

WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT  SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SITE CONTENT,  OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT  GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE  INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE  INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS  DUE TO OUR GROSS NEGLIGENCE. 

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily  injury caused by negligence, violation of laws, or any other activity that cannot be limited or  excluded by legitimate means. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN  CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 
ANY MERCHANDISE OR PRODUCTS DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS  WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS  NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN  OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS  UNLAWFUL TO MAKE A SOLICITATION. 

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JONPROSPER, LLC BE LIABLE TO  YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL,  EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE  SITE, SITE CONTENT, MERCHANDISE, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR  FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR  ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER  CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF  FORESEEABLE AND EVEN IF JONPROSPER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY  RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF  DATA RESULTING THEREFROM. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL  THE MAXIMUM AGGREGATE LIABILITY OF JONPROSPER ARISING OUT OF OR IN ANY WAY  RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT,  MERCHANDISE, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100  OR (B) THE AMOUNT YOU HAVE PAID TO JONPROSPER, LLC FOR THE SERVICES IN THE LAST  TWELVE MONTHS OUT OF WHICH LIABILITY AROSE. 

Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold  harmless JonProsper, LLC, and our respective past, present and future employees, officers,  directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent  companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns  (individually and collectively, the “JonProsper Parties”), from and against all actual or alleged third  party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees,  expenses (including, without limitation, attorneys’ fees and expenses) and costs (including,  without limitation, court costs, costs of settlement and costs of pursuing indemnification and  insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or  unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort,  contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property  or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the  Site, Site Content, or merchandise, (c) your violation of these Terms, (c) your violation of the rights  of a third party, including another user and (e) your failure to pay any Taxes in connection with  your transactions on this Site. You agree to promptly notify us of any third party Claims and  cooperate with the JonProsper Parties in defending such Claims. You further agree that the JonProsper Parties shall have control of the defense or settlement of any third party Claims. THIS  INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN  A WRITTEN AGREEMENT BETWEEN YOU AND US. 

Governing Law.

These Terms of Use, your rights and obligations, and all actions contemplated by, arising out of  or related to these Terms shall be governed by the laws of the State of New Jersey, as if these Terms  are a contract wholly entered into and wholly performed within the State of New Jersey. YOU  UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AS CONTEMPLATED BY THESE TERMS  SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF NEW JERSEY AND BE SUBJECT TO THE  INTERNAL LAWS OF THE STATE OF NEW BY WITHOUT REGARD TO ITS CONFLICTS OF LAWS  PROVISIONS. 

Disputes and Arbitration Agreement.

Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires  you to arbitrate disputes with JonProsper, LLC and limits the manner in which you can seek  relief from us. 

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way  to your access or use of the Site, to any Services sold or distributed through the Site, including  any merchandise, or to any aspect of your relationship with JonProsper, LLC will be resolved by  binding arbitration, rather than in court, except that (1) you may assert claims in small claims court  if your claims qualify; and (2) you or JonProsper may seek equitable relief in court for infringement  or other misuse of intellectual property rights (such as trademarks, trade dress, domain names,  trade secrets, copyrights, and patents). 

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and  enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a  letter requesting arbitration and describing your claim to our registered agent JonProsper 253 Linden Place, New Milford NJ 07646. The arbitration will be conducted  by JAMS, an established alternative dispute resolution provider. Disputes involving claims and  counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to  JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at  http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s  most current version of the Comprehensive Arbitration Rules and Procedures, available at  http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at  jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties  will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s  filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, JonProsper will pay them for you. You may choose to have the arbitration conducted by telephone or  video conference or based on written submissions, or you may request to meet in-person for  arbitration in New Jersey, New Jersey. You agree that any judgment on the award rendered by  the arbitrator may be entered in any court of competent jurisdiction. 

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope  and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the  interpretation, applicability, enforceability or formation of this Arbitration Agreement including,  but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and JonProsper. The arbitration  proceeding will not be consolidated with any other matters or joined with any other cases or  parties. The arbitrator shall have the authority to award monetary damages and to grant any non monetary remedy or relief available to an individual under applicable law, the arbitral forum’s  rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written  award and statement of decision describing the essential findings and conclusions on which the  award is based, including the calculation of any damages awarded. The arbitrator has the same  authority to award relief on an individual basis that a judge in a court of law would have. The  award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as  needed by any court of competent jurisdiction. 

Waiver of Jury Trial. YOU AND JONPROSPER HEREBY WAIVE ANY CONSTITUTIONAL AND  STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and JonProsper are instead electing that all claims and disputes shall be resolved by  arbitration under this Arbitration Agreement, except as otherwise indicated in this Section 12. An  arbitrator can award on an individual basis the same damages and relief as a court and must  follow this Arbitration Agreement as a court would. However, there is no judge or jury in  arbitration, and court review of an arbitration award is subject to very limited review. 

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE  SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS  AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND  CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR  CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating  that applicable law precludes enforcement of any part of this subsection’s limitations as to a given  claim for relief, then that claim must be severed from the arbitration and brought in the state or  federal courts located in the State of New Jersey. All other claims shall be arbitrated. 

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration  Agreement by sending written notice of your decision to opt out to the following address: JonProsper, LLC, 253 Linden Place, New Milford Nj 07646, Attention Legal Department,  within 30 days after first becoming subject to this Arbitration Agreement. You may also submit  your decision to jonprospernft@gmail.com. Your notice must include your name and address, the  cryptocurrency wallet address you used to transact on this Site (if you have one), and an  unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of  this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting  out of this Arbitration Agreement has no effect on any other arbitration agreements that you may  currently have, or may enter in the future, with us. 

Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are  found under the law to be invalid or unenforceable, then such specific part or parts shall be of no  force and effect and shall be severed and the remainder of the Arbitration Agreement shall  continue in full force and effect. 

Survival of Agreement. This Arbitration Agreement will survive the termination of your  relationship with JonProsper. 

No Joint Venture.

Both you and the Company acknowledge and agree that no partnership, joint venture or agency  is formed and neither of you nor the Company has the power or the authority to obligate or bind  the other.

Modification.

Notwithstanding any provision in these Terms to the contrary, we agree that if JonProsper makes  any future material change to this Arbitration Agreement, you may reject that change within thirty  (30) days of such change becoming effective by writing to us at the following address: JonProsper, LLC, 253 Linden Place, New Milford Nj 07646,  Attention Legal Department. 

Severability.

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term,  clause, or provision shall be severable from these Terms and will not affect the validity or  enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms. 

Entire Agreement.

These Terms comprise the entire agreement between you and us relating to your access to and  use of the Site, Site Content and any merchandise you have purchased, and supersede any and all  prior discussions agreements, and understandings of any kind. Except as otherwise provided  herein, these Terms 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.