Terms of Service
Last updated: March, 2026
Welcome to the Billion-Dollar Impact — we are so happy to have you with us! Our hope is that our website, https://thebilliondollarimpact.com (“Site”), online auction platform (the “Auction Platform”), and your participation in Billion-Dollar Impact Auctions (“Auctions”) is inspiring and impactful.
These Terms of Service (“TOS”) and our corresponding Privacy Policy (“Privacy Policy”) govern your use of our Site, the Auction Platform, and Auctions. You are permitted to use the Site, Auction Platform, Auctions only if you agree to abide by, and be bound by, these TOS and our Privacy Policy without modifications. These TOS are a legal agreement between you and us, so if you do not agree to the terms of these TOS or our Privacy Policy, do not access or use the Site, Auction Platform, or Auctions.
In addition, please be aware that by using the Auction Platform or participating in Auctions, you agree to be bound by the Auction Participation Agreement (the “Auction Participation Agreement”), which is incorporated into these TOS by reference.
THESE TOS ALSO CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, INCLUDING A WAIVER OF YOUR RIGHT TO A JURY TRIAL, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, AND YOUR AGREEMENT TO PARTICIPATE IN ARBITRATION. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
1. The Purpose of the Site
Our Site features content and information that is designed to foster community, collaboration, and generosity among users (our “Intended Purpose”). On our Site, you can access the Auction Platform, find information about Auctions, learn more about our BILLION DOLLAR IMPACT philosophy, access our Hub if you’ve purchased a course and register for events.
2. Security & Monitoring
You are solely responsible for maintaining the security of your computer, phone, browser, and applicable passwords. You agree to accept responsibility for any and all activities or actions that occur under your computer, phone, browser and/or passwords, whether you are using the Site or a third-party service. You acknowledge and agree that we have the right to monitor the Site and your use of the Site (including your use of the Auction Platform and your participation in Auctions) electronically from time to time, and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect our users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.
3. Prohibited Uses
1. No use of the Site for illegal or prohibited purposes.
You agree to use the Site only for the Intended Purpose. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use, and you will not encourage others to use, the Site (including the content provided to you through the Site) in any manner that is prohibited by these TOS, or which is illegal or prohibited by applicable law. You further agree that you will not violate any laws or regulations while using the Site. This includes laws regarding the transmission of technical data and personally identifiable information.
2. Do not use the Site if you are under the age of 18, incapable of giving legal consent, or not human.
The Site is not for, or meant to be accessed by, minors. You must be at least the age of 18 to use the Site. You represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these TOS and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these TOS and that you are human. Machine learning modules may NOT use the Site or content on our Site (including but not limited to the SL IP, defined below) unless we give our express, prior, written consent.
3. Do not Contact us with inappropriate messages.
You specifically acknowledge and agree that any communications sent to us will be appropriate and reasonably related to either the Site, Auction Platform, Auctions, or the BILLION DOLLAR IMPACT community. You also agree that all communications sent to us will be respectful of others and otherwise abide by the terms of these TOS.
4. Do not use the Site if we previously banned you.
If you have been banned, suspended, or prohibited from using the Site or Auction Platform, or you have been banned, suspended, or prohibited from participating in Auctions or the BILLION DOLLAR IMPACT community, you may not use the Site and Auction Platform, and you may not participate in Auctions and the BILLION DOLLAR IMPACT community, even if such use is under a different account, name, or username.
5. Do not do any of the following while using the Site:
- upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- “stalk” or otherwise harass another or cause intentional harm to another.
- collect or store personally identifying information about others without their permission, or harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- defame any person or entity.
- lie or make a material misrepresentation, including but not limited to using a misleading email address or username or entering false and/or misleading information into the Site.
- upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- restrict or inhibit any other user from using and enjoying the Site or features or content on the Site.
- upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking or that constitutes unsolicited or unauthorized advertising, including using the Site to send promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to others.
- upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
- upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, or remove, alter, or obscure any of our proprietary notices (including any notice of copyright or trademark) or the proprietary notices of our affiliates or partners.
- use automated means, including spiders, robots, crawlers, or the like to download data from the Site or any of our databases.
- conduct your own contests and promotions using the Site, unless it is with our explicit written consent.
- resell, repackage, or provide others with content or materials that you received through the Site.
- incorporate information or content from the Site into any email or “white pages” products or services.
- engage in copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping,” or use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser.
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Site, or use, or cause to be used, machine learning models to upload, download, review, store, process, or otherwise use content or information on the Site.
- interfere with or disrupt the Site or servers or networks connected to the Site.
- upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these TOS.
- make the Site (or any feature of the Site or content within the Site) available to any third-party without our explicit written consent.
- violate these TOS.
4. Your Content
1. You are Responsible for Your Content.
You are responsible for information, text, graphics, photographs, videos, audio, or other material that you provide to us, our partners, and the BILLION DOLLAR IMPACT community (“Your Content”). Your Content includes, but is not limited to, content you own and upload to the Site and Auction Platform, or otherwise display or use during Auctions.
2. Representations and Warranties.
By providing Your Content to us directly, you represent and warrant that the (i) Your Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these TOS, (ii) Your Content does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, (iii) Your Content is accurate and true to the best of your knowledge; (iv) Your Content does not defame anyone, (v) Your Content is not intended to harm any other person, and (vi) the provision of Your Content to us and/or to the members of the BILLION DOLLAR IMPACT community neither violates, nor cause others to violate, these TOS.
3. Your Rights in Your Content.
You retain the rights you have to Your Content, and you are solely responsible for protecting those rights.
4. Removal of Your Content.
We are under no obligation to post or use any of Your Content that you provide to us, and we, in our sole discretion, may remove any of Your Content from the Site, Auctions, Auction Platform, and our other websites or social media accounts.
5. Our Disclaimers Regarding Your Content.
We do not own or control the content of other users of the Site and Auction Platform, and we do not control the content of other members of the BILLION DOLLAR IMPACT community. We specifically disclaim any liability with regard Your Content, the content of other users of the Site, the content of other users of the Auction Platform, and the content submitted, posted, or displayed by other participants in Auctions and the BILLION-DOLLAR IMPACT community. THE CONTENT AND VIEWS OF OTHER USERS AND MEMBERS OF THE SITE AND THE BILLION-DOLLAR IMPACT COMMUNITY DO NOT NECESSARILY REFLECT OUR VIEWS.
6. Limitations on Content.
Materials and content downloaded and uploaded through the Site, Auction Platform, and Auctions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download any content or other materials.
5. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content on the Site infringes on the copyright or other intellectual property rights of any person or entity.
DMCA Compliance & Notice. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent listed below with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). To expedite our ability to process your request, please use the following format:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located within the Site;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
DMCA Counter Notice.If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these TOS. These TOS is not legal advice, and we are not attorneys or copyright experts. Please consult with your legal representative if you believe your rights are being infringed, or if you wish to respond to an infringement notice. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
You can contact our Copyright Agent via email at stacey@dothethingformula.com, or via mail at 54 Spinnaker Way, Coronado CA 92118.
6. Our Intellectual Property
1. Acknowledgement of Ownership of Our IP.
You acknowledge and agree that the overall look and feel of the Site, all copyrights, patents, trademarks (including BILLION-DOLLAR IMACT), trade secrets, and other intellectual property rights related to the Site, the Auction Platform, our marketing materials, and all content, materials, information, and data contained within Site and the Auction Platform, are, and shall remain, our sole and exclusive property (“Our IP”). Our IP is protected under copyright, trademark, and other intellectual property laws and shall not be used without our explicit written permission. You acknowledge and agree we own Our IP.
2. Limitation of Uses of Our IP and Grant of Limited License.
We grant you a revocable, non-exclusive, non-transferable, limited license to use Our IP to access and use Site, Auction Platform, and Auctions for the Intended Purpose and solely in strict accordance with the terms of these TOS. No other use, including, without limitation, reproduction, retransmission or editing, of Our IP may be made without our prior written consent, which may be requested by contacting the us. This license and your right to use Our IP immediately terminates if you are banned from the Site or the Auction Platform, if you are banned from participation in Auctions or the BILLION-DOLLAR IMPACT community, or upon the termination of these TOS (which we may do at any time, for any reason). To be clear, you shall immediately cease use of Our IP (i) if you are banned from the Site, Auction Platform, or participation in Auctions; (ii) if you are otherwise banned from the BILLION-DOLLAR IMPACT community, or (iii) we terminated these TOS.
3. Reservation of Rights.
We reserve any rights not expressly granted herein.
7. Third-Party Services
The Site or Challenge Bank may display, include, or make available third-party content, including data, information, applications, other products, services, and links to third-party websites or services (collectively, the “Third-Party Services”). Our inclusion of third-party links, content or services does not imply that we endorse such third-parties.
Specifically, we use a Third-Party Service, Whop in connection with processing payments for Auctions and on the Marketplace. Thus we encourage you to read their terms of service and privacy policy, available at https://whop.com/tos/.
You acknowledge and agree that we do not control the third-party sites, links, or content. You further agree that we shall not be directly or indirectly responsible or liable for any damage or loss caused, or alleged to be caused, by any Third-Party Services, including the Third-Party Services’ accuracy, completeness, timeliness, validity, copyright compliance, use of your personal information or Your Content, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We strongly recommend that you review Third-Party Services’ terms and conditions and applicable privacy policies.
8. Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions (“Suggestions”) provided by you to us shall remain our sole and exclusive property. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
9. Modifications & Updates
We reserve the right to temporarily or permanently modify, suspend, or discontinue the Site, the content, materials, data and/or information found within the Site, any service connected to the Site, with or without notice, and without liability to you. Likewise, we reserve the right to temporarily or permanently suspend, remove, or discontinue Auctions, the Auction Platform and/or content within the Auction Platform and Auctions (including but not limited to Your Content). We may also terminate, suspend or cancel your access to the Site, the Auction Platform, the Auctions, and any content or information within the Site, Auction Platform, and Auctions, if you violate the terms of these TOS.
We may also provide enhancements or improvements to the features/functionality of the Site and/or the Auction Platform, such as patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Site and/or the Auction Platform. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Site and/or the Auction Platform. You further agree that all Updates will be (i) deemed to constitute an integral part of the Site and/or the Auction Platform, and (ii) subject to the terms and conditions of these TOS.
10. Termination/Access Restriction
We reserve the right to terminate your access to any or all of the Site, the Auction Platform, and Auctions at any time, without notice, for any reason whatsoever (including but not limited to violating these TOS and submitting inappropriate content to us). We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
11. Indemnification
You agree to indemnify and hold us and our affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (a) your use of the Site; (b) your use of the Auction Platform and/or the content in the Auction Platform; (c) your participation in Auctions; (d) violation of these TOS or any law or regulation; (e) use of the Third-Party Services; (e) Your Content; and (f) violation of any right of a third-party, including but not limited to the infringement of another’s intellectual property rights.
12. Disclaimer of Warranties
Hosts of Auctions, speakers at Auctions, and guests appearing in connection with Auctions and events held within the BILLION-DOLLAR IMPACT community may hold different views and opinions than you or us. Our inclusion of certain guests, hosts, and speakers does not imply that we endorse these speakers’ views, opinions, or advice. You acknowledge and agree that we make no warranty, guarantee, or representation as to the accuracy or sufficiency of the information that is featured on the Site, made available during Auctions or BILLION-DOLLAR IMACT events, or made available through the Auction Platform. The information, opinions, advice and recommendations on the Site, presented during Auctions, BILLION-DOLLAR IMPACT events, or made available through the Auction Platform are for general information only, and you agree that any reliance on such information, opinions, advice or recommendations is done at your own risk.
Furthermore, the Site, Auction Platform, Auctions, and all associated content are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our partners, respective licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Site, Auction Platform, Auctions, and content therein, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Site, Auction Platform, Auctions, or BILLION-DOLLAR IMPACT community in general, and content therein, will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. We make no warranties or representations that all, most, or any specific percentage of the proceeds of the auction will go to a charity or non-profit organization.
Without limiting the foregoing, we do not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, Auction Platform, Auctions, the Third-Party Services, or the information, content, and materials or products included thereon; (ii) that the Site, Auction Platform, Auctions, and the Third-Party Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, materials, or content provided on or through the Site, Auction Platform, Auctions, and the Third-Party Services; or (iv) that the Site, Auction Platform, Auctions, and Third-Party Services, the corresponding servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to damages for:
- loss of profits, for loss of data;
- loss of Your Content or for loss of other information valuable to you;
- business interruption;
- personal injury;
- loss of privacy arising out your use of the Site, Auction Platform, or your participation in Auctions;
- losses caused by your use of the content on the Site, Auction Platform, or Auctions;
- losses caused by the Third-Party Services, third-party software and/or hardware;
- losses caused by any conduct of any user of the Site or Auction Platform, or participant in Auctions;
- losses caused by your use of any information, materials, or content obtained from or through us;
- losses caused by another’s unauthorized access, use or alteration of your transmissions or content; and
- losses otherwise caused in connection with the Site, Auction Platform, or Auctions, even if we were advised of the possibility of such damages, and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If this exclusion or limitation of liability is held inappropriate or unenforceable for any reason, our maximum liability for any type of damages shall not exceed $100. All claims against us must be brought within one (1) year of discovery or shall be forever barred.
14. Severability
If any provision of these TOS is held to be unenforceable or invalid, such provision will be changed 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.
15. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these TOS shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
16. Amendments to These TOS
We reserve the right, at its sole discretion, to modify or replace these TOS at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will post the notice of the changes on the homepage of our Site, for seven days after making the changes. By continuing to access or use the Site or Auction Platform, or by continuing to participate in Auctions after any revisions become effective, you agree to be bound by the revised terms.
17. Email Notifications and Communications
You acknowledge and agree that if you provide us with your email address, you grant consent for us to send you notices related to the Site, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure the email address is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us and let us know.
18. Arbitration, Jury Trial & Class Actions
1. Arbitration.
Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION. You agree that any dispute related to these TOS, your use of the Site, your use of the Auction Platform, your participation in the Auctions, or any dispute related to your relationship with us or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), located in San Diego, California. The AAA Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The AAA Rules of Arbitration are available on the AAA’s website, https://www.adr.org/Rules/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2. Jury Trial Waiver.
Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL. You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
3. Waiver of Class or Consolidated Actions.
Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS. ALL CLAIMS AND DISPUTES BETWEEN YOU AND US MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
4. 30-Day Right to Opt Out.
You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these TOS by sending written notice of your decision to opt out to 54 Spinnaker Way, Coronado CA 92118 within 30 days from the date that you first visited the Site. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these TOS. Since the information provided in these TOS is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
19. Governing Law
The laws of California, United States, excluding its conflicts of law rules, shall govern these TOS and your use of the Site. You consent to the personal jurisdiction of the courts located in San Diego, California. Your use of the Site may also be subject to other local, state, national, or international laws.
20. Misc. Provisions
1. Entire Agreement/Severability.
These TOS constitutes the entire agreement between you and us regarding your use of the Site, although please note that you are required to agree to the Auction Participation Agreement if you wish to participate in Auctions and use the Auction Platform. These TOS supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. If any part of these TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.
2. No Joint Venture/Partnership.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these TOS or your use of the Site, Auction Platform, or your participation in Auctions.
3. Form of TOS/Language of TOS.
This TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is also the express wish to the parties that these TOS and all related documents be drawn up in English.
4. Contact Information.
If you have any questions about these TOS, please contact us at support@dothethingformula.com.