The Mix 305 Services Terms of Use

Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the “Services”). The Mix 305 (” The Mix 305″, “we”, “us”, or “our”) provides these Services to you (“you” or “your”), subject to the terms contained in this The Mix 305 Services Terms of Use (this “Agreement”). This Agreement is a binding legal agreement between you and The Mix 305. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

1. Ability to Use the Services.
In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 13 years of age in all other Authorized Jurisdictions (“Minimum Age”). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant The Mix 305 the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

2. Privacy.
The Mix 305’s privacy policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact our Listener Support team.

3. Compliance with Policies.
While using the Services, you agree that you will comply with all posted policies, including our Community and Content Policy and Intellectual Property Policy, as we may update from time to time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.

4. Additional Terms and Conditions.
Some of the Services we offer may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.

5. Changes in Terms.
We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.

6. Your License to Use the Services.
Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), The Mix 305 hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services in an Authorized Jurisdiction, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that The Mix 305 or our licensed partners make available to you. Any access or use of our Services through an application, service, or method provided by a party other than The Mix 305 or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by The Mix 305 in writing, is strictly prohibited and a violation of this Agreement. The Mix 305 may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.

Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by The Mix 305; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without The Mix 305’s prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of The Mix 305 to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of The Mix 305 or other users of the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

7. Authorized Jurisdictions.
The Mix 305 makes the Services available in the United States of America and its territories (each, an “Authorized Jurisdiction”, and collectively, the “Authorized Jurisdictions”). We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.

8. Communication Preferences and Consent.
From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, tips and station recommendations, special offers, and other account-related or transactional messages. Also, when you create a station, you may receive communications from or related to artist(s) associated with that station by or on behalf of The Mix 305.

Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of The Mix 305. You may modify your communication preferences at any time within the Settings section of our website or applications. You may not opt-out of receiving account-related or transactional communications.

If you elected to have an advertiser contact you through Third Party Ads displayed on the Services, your The Mix 305 communication preferences will not affect your receipt of those advertiser-provided communications.

9. The Mix 305 for Business.
Use of the Services in a business establishment requires a special license to a separate service that is provided by our partner Mood Media (” The Mix 305 for Business”). You may only use the Services in an Authorized Jurisdiction for business use if you have met all of the following conditions:

(a) You must register for a The Mix 305 for Business account with Mood Media (“Mood Media”) at The Mix 305.moodmedia.com or such other URL as may be provided from time to time, and agree to all applicable Mood Media terms and conditions, including without limitation, Mood Media’s applicable privacy policy and terms of use (the “Mood Media Terms”);

(b) You must maintain an active account with both The Mix 305 and Mood Media; and

(c) You must be current on all required payments. The Mix 305 for Business is a paid service.

Your right to use the The Mix 305 for Business service may be terminated by either Mood Media or The Mix 305 if you fail to comply with any applicable Mood Media Terms or this Agreement. In the event of a conflict between this Agreement and the Mood Media Terms, the Mood Media Terms will control solely with respect to the use of the Services in a business environment.

ANY BUSINESS USE OF THE SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE SERVICES.

10. Explicit Content.
THE SERVICES PROVIDE MANY FORMS OF ENTERTAINMENT CONTENT, SOME OF WHICH YOU MAY CONSIDER INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18. THIS ENTERTAINMENT CONTENT MAY CONTAIN LYRICS, SPEECH, VISUAL IMAGES, OR OTHER MEDIA THAT INCLUDES STRONG LANGUAGE, OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE ABUSE (“EXPLICIT CONTENT”). PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE SERVICES UNDER THE AGE OF 18.

The Mix 305 provides an Explicit Content feature that, when enabled, will filter Explicit Content on the Services. You can enable this feature in the Account Settings section of the Services. You can also find out more about this explicit content feature by visiting help. The Mix 305.com.

11. Content Selection and Functionality of the Service.
Although we rely primarily on the Music Genome Project and your selections and interactions with the Services to select the content that we display and perform, there are many factors that influence our ability to provide certain content and services, such as licensing restrictions and content costs. The Mix 305 reserves the right in its discretion to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, territorial limitations, industry trends, and content cost and availability. We strive to provide you with the best possible experience, and keep your tastes in mind when we select content to display and perform. However, in order to provide the Services, The Mix 305 must reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.

12. Listening Activity & Behavior.
When you use the Services, we keep track of your listening activity, including the number and titles of songs to which you have listened, the songs, albums, or artists that you like (thumb up) or dislike (thumb down), the stations you create or listen to, the songs you skip, and how frequently and for how long you listen to the stations in your station list. We may also keep track of your interactions with the Services, which may include the features you use, the advertising in which you see or show interest, and the content you view. We do this for a variety of reasons, such as to gain an understanding of the types of music, content, or features you and/or other similar listeners tend to like or dislike, for compensating artists and other rightsholders for use of their content, to provide you with relevant and interesting advertising, and to improve the Services generally, which includes enhancing our music selection algorithms in an effort to provide you and other listeners with the music most suited to your tastes. As this data is essential to the function of the Services, you may not opt out of our collection and use of such data or information. By accessing or otherwise using any portion of the Services, you hereby consent to the foregoing collection and use of your listening activity and behavior for the purposes set forth above and also as outlined in our privacy policy.

13. Advertising Content.
The Services may present advertisements for or links to third party websites, products, and/or services (“Third Party Ads”). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither The Mix 305 nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.

14. Product Support; Feature Availability; Fraud & Abuse.
The Mix 305 is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the Services will be corrected. The Mix 305 may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.

When using the Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.

15. Payment, Fees, and Other Charges.
If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.

Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. The Mix 305 assumes no liability or responsibility for the payment of any charges you may incur.

16. Intellectual Property.
As between you and The Mix 305, you acknowledge that The Mix 305 retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by The Mix 305 and are protected by the laws of the United States and other countries in which the Services are made available. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, The Mix 305 does not grant any express or implied right to you under any The Mix 305-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.

Some music samples are provided courtesy of iTunes.

17. Submissions & Feedback; Your Content.
The Mix 305 is fortunate to have a vibrant and active user community that shares our passion for innovation, and our drive to constantly improve our Services. While our employees continually strive to develop and evaluate our own ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our listeners. By submitting any ideas, feedback and/or proposals to The Mix 305 regarding the Services (“Feedback”), you expressly acknowledge and agree that: (a) The Mix 305 is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) The Mix 305 may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant The Mix 305 a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release The Mix 305 from any and all liability and claims that may result from or are related to the rights to the Feedback.

Except as separately licensed or as authorized under an applicable statutory licensing scheme, if you elect to upload or provide written, photographic, or other audiovisual content to The Mix 305 in connection with your use of the Services or participation in a The Mix 305-sponsored campaign (“Your Content”), you hereby grant The Mix 305 a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license (but not the obligation) to use, archive, stream, copy, distribute, publicly perform, create derivative works of, transmit, and otherwise exploit, in whole or in part, Your Content, in any manner or medium now known or hereafter devised. This exploitation may include, without limitation, use of Your Content to endorse The Mix 305 or third-party products and services. Additionally, you further grant The Mix 305 a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license to exploit your name, likeness, personality, voice, and any other materials or information you provide to The Mix 305 in connection with Your Content.

You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against The Mix 305 for its use or exploitation of Your Content as licensed herein, as well as any claims under “moral rights” or similar theories. You agree that The Mix 305 enabling you to provide us with Your Content is adequate and sufficient consideration for our use of Your Content, you will not receive any additional consideration or compensation for The Mix 305’s exploitation of Your Content, and The Mix 305 has no obligation to use any of Your Content.

Other than as provided in this Agreement, you will retain ownership of all rights in Your Content.

Your Content, and its provision by you thereof, will at all times be subject to our Intellectual Property Policy.

18. Export Control and Legal Compliance.
You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties.

19. Disclaimers; Limitations of Liability.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE”. ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Mix 305 DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The Mix 305 MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND The Mix 305 DISCLAIMS ANY LIABILITY RELATING THERETO. The Mix 305 MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

The Mix 305’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL The Mix 305 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF The Mix 305 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

20. Indemnification.
You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

21. Term and Termination.
Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason by following the instructions outlined in this Listener Support Help Article. We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to The Mix 305. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination. Such provisions include, but are not limited to sections 1-4, 7, and 11-27.

22. Notices.
We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. The Mix 305 assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.

23. Assignment.
The Mix 305 may assign this Agreement or delegate any of our rights or obligations here under, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

24. Third Party Beneficiaries.
Except with respect to platform providers through which you download or use applications certified by The Mix 305, nothing in this Agreement, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

25. Governing Law and Disputes.
(a) Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Delaware, excluding its choice-of-law principles.

(b) Applicability of Section. The terms of this section 25 will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Services, subject only to the following exceptions: (1) if The Mix 305 reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in Santa Clara County, California, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required in section 25(c) below. Furthermore, in no event will the terms of this section limit The Mix 305’s ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as music rightsholders.

(c) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If The Mix 305 does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.

(d) Arbitration Agreement. Any claims by The Mix 305, or claims by you that are not resolved by the Informal Resolution procedure described in section 25(c) above, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.

The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section 25 for use as persuasive authority in other proceedings brought pursuant to this section 25.

(e) Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.

26. Severability.
In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.

27. Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between you and The Mix 305 with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.