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Terms of Use

Effective Date & Last Modified 15 September 2025

This website is operated by Connexity, Inc. which is a company incorporated in the State of Delaware, USA and has its principal office at 2120 Colorado Ave #400, Santa Monica, CA 90404.

These Terms of Use tell you the terms on which you may make use of our websites and our services so please read these carefully. By using our website and our services, you are agreeing to these Terms of Use.

In these Terms of Use, the term "you" refers to the shopper visiting or contributing content to our websites or through our interactive services including our blogs, surveys, reviews, promotions, newsletters, panels, communities, free prize draws and competitions (collectively, our "Service"). Our websites include bizrate.com, shopzilla.com, pricegrabber.com, lowpriceshopper.com, become.com and all other websites on which we place these Terms of Use (collectively, our "Site").

"Connexity" and the terms "we", "us" and "our" refer to Connexity, Inc.

1. Accessing or using our service

To access or use some features of our Service or Site, you may choose to provide us certain information, or we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.

Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

Accounts. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by submitting sufficient detail at https://connexity.com/contact/.

2. Acceptable use and user content standards

Our Site and Service are provided for your information and personal, non-commercial use only. When using our Site or Service, you agree to comply with these Terms of Use, and all applicable laws. Except as expressly permitted by these Terms of Use, you may not:

  1. Use our Site or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
  2. Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site or Service;
  3. Use our Site or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage or disrupt any part of our Site or Service;
  4. Use our Site or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
  5. Use our Site or Service to transmit or facilitate the transmission of any unsolicited or unauthorised advertising or promotional material;
  6. Use our Site or Service to transmit any data, or upload to our Site or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  7. Decompile, reverse engineer or disassemble any portion of our Site or Service;
  8. Use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained on our Site or Service, or use network-monitoring software to determine the architecture of or extract usage data from our Site or Service; or
  9. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Site or Service.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Site or Service (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively "User Content"). For example, any comment, rating or review of a product or a merchant that you post through our Site or Service is your User Content.

Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You agree that your User Content:

  1. Will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws;
  2. Will be truthful, non-misleading and non-deceptive;
  3. Will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
  4. Will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. Does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
  6. Will not be threatening, abuse or invade another’s privacy, or provided with intent to harass, upset or embarrass any other person;
  7. Will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
  8. Will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).

We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms.

3. Suspension and termination

If we consider that you have failed to comply with the acceptable use or content standards in these Terms of Use, we may take all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our Service or Site;
  2. Immediate, temporary or permanent withdrawal of any content submitted by you to our Service or Site;
  3. Issue of a warning to you;
  4. Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. Disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required;
  6. Disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, right to privacy or other legal rights.

The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.

4. Complaints

If you wish to complain about any use of our Service or User Content posted to our Site, please contact us at: legal@connexity.com.

After you contact us, we will review your complaint and decide whether it complies with these Terms of Use and, in particular, our content standards above. If not, we will deal with the matter as described above (section headed suspension and termination). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

5. User content licence

We do not claim ownership of your User Content. However, by submitting User Content, you grant, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and licence to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.

By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location (e.g., "Todd W. – London, OH," "Julie A. – Brighton," etc.), in connection with broadcast, print, online, or other use or publication of your User Content consistent with the licence granted in the previous paragraph.

Without limiting the rights granted in the foregoing paragraphs, and for avoidance of doubt, we reserve the right to display advertisements in connection with your User Content, to use your User Content for advertising and promotional purposes, and provide third-parties your User Content. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

6. Intellectual property

Our Site, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, "Site Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Site or Service are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Site or Service. Any rights not expressly granted in these Terms of Use are expressly reserved.

7. Limitations on our site and services

Due to inherent technical and operational limitations of the Internet and the fact that we do not provide the networks that are used in accessing our Service, we cannot guarantee secure, uninterrupted or error free access to our Service.

We reserve the right to withdraw or amend our Service and our Site without notice. As such, our Service and Site is provided to you on an "as is" basis. We may from time to time suspend our Service in order to carry out routine and emergency work to our Site.

8. Reliance on site information

Information available through our Site or Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not verify User Content or all Site Content (e.g., information provided by online merchants and other third parties). For this and other reasons, such information may have errors, inaccuracies and omissions. As such, you should not rely on this information.

You are solely responsible for any actions or decisions you take based on materials and information available through our Site and Service, and should carry out your own research and investigation as appropriate.

If there is a dispute between you and anyone accessing our Site or Service, or you and any third party in connection with our Site or Service, you understand and agree that we are under no obligation to become involved.

9. Online merchants and third parties

Your dealings with online merchants or other third parties via our Site or Service are solely between you and that third party. As such, when you engage in a transaction with a third party, you do so under their terms and policies, not ours. You use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Complaints, questions and claims related to transactions with any third party should be directed to that third party.

10. Our liability

As we do not charge for access or use of our Service or Site, our Site is provided on an "as is" basis. Accordingly, we hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  2. Any and all liability (whether arising in contract, tort or otherwise) for any loss or damage (direct or indirect) suffered by you in connection with our Service or Site.

We do not limit our liability for death or personal injury resulting from our negligence or if you suffer loss as a consequence of any fraud committed by us.

11. Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.

12. DISPUTE RESOLUTION; MANDATORY AND BINDING ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (THE "ARBITRATION AGREEMENT"). THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS. THIS ARBITRATION AGREEMENT CONTAINS PROCEDURES FOR FINAL AND BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION (COLLECTIVELY, "CLASS ACTION") IN ARBITRATION OR LITIGATION.

YOU AND CONNEXITY ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most consumer concerns can be resolved by emailing legal@connexity.com. However, if such concerns are unable to be resolved this way to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

For purposes of this Section, the terms "Connexity", "our" "we" or "us" include Connexity, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Connexity or its present or future affiliates or subsidiaries.

  1. Mandatory and Binding Arbitration Agreement.

    IF YOU AND CONNEXITY HAVE A DISPUTE (AS DEFINED BELOW), YOU AND CONNEXITY WILL FIRST TRY TO RESOLVE IT INFORMALLY. IF YOU AND WE CANNOT, THEN YOU YOU AND CONNEXITY AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION) BASIS. ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

    You and Connexity agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

    For purposes of this Section, "Dispute shall include, but is not limited to, any claims or controversies between you and Connexity that are related in any way to these Terms of Use, including, but not limited to, your use of Connexity’s Site, Connexity’s policies, privacy, advertising, marketing, and/or any communications between you and Connexity, whether occurring on or through Connexity’s Site or otherwise, even if the Dispute arises after the termination or end of your relationship with Connexity. "Dispute" also includes, without limitation, claims that: (a) you bring against Connexity; (b) Connexity brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Connexity, whether based in contract, tort, statute, fraud, misrepresentation, advertising or marketing claims, or any other legal theory; (d) arose before you entered into these Terms of Use or out of a prior agreement with Connexity (including, without limitation, claims relating to advertising or marketing); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms of Use. "Dispute," however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute and/or the forum in which a dispute should be arbitrated; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement – all of which are for a court of competent jurisdiction located in Los Angeles County, California, to decide. These Terms of Use and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

    1. Mandatory Pre-Arbitration Informal Dispute Resolution.

      You and Connexity agree to engage cooperatively, and in good faith, to try to resolve any Dispute prior to you or Connexity initiating an arbitration proceeding. You or Connexity must first send a written notice ("Pre-Arbitration Notice") to the other party providing the following: (a) a detailed description of the nature and the basis for the Dispute; (b) your or our name and contact information (address, telephone number, and email address, and account number if applicable); (c) sufficient information to enable you or use to identify any transaction at issue (including any receipts or purchase details); and (d) a detailed description of the nature and basis of the relief south (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice must be personally signed by a Connexity representative (and our attorney if we are represented by legal counsel).

      Your Pre-Arbitration Notice to Connexity must be sent to legal@connexity.com. Our Pre-Arbitration Notice to you must be sent to the most recent contact information that you have provided to us.

      For a period of 60 days from the date of receipt of a completed Pre-Arbitration Notice from the other party, you and we will work together using reasonable efforts to try and resolve the Dispute. If requested by us in connection with a Pre-Arbitration Notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or Connexity may commence arbitration consistent with the process set forth below. Compliance with this information dispute resolution process is mandatory and a condition precedent to initiating arbitration.

      Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

      This pre-arbitration process is essential so that you and Connexity have a meaningful chance to resolve disputes informally. If the sufficiency of a Pre-Arbitration Notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction located in Los Angeles County, California, at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

    2. Arbitration Rules and Procedures; Individualized Relief; Fees.

      Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (the "AAA") pursuant to its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, that are in effect at the time the arbitration is initiated (the "AAA Rules"), as modified by the terms set forth in this Agreement. Copies of the AAA rules can be obtained at the AAA’s website (www.adr.org). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, unless you and Connexity agree otherwise, shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement.

      To commence an arbitration proceeding, you must send an arbitration demand to the AAA and serve a courtesy copy on Connexity’s Legal Department, located at: Connexity, Inc., 2120 Colorado Ave #400, Santa Monica, CA 90404, Attn: Legal Department, or we must send an arbitration demand to AAA and serve a courtesy copy on you at the most current address we have on file. The courtesy copy must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice.

      Any complaint or arbitration demand must be accompanied by a copy of the Pre-Arbitration Notice, and a certification personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Connexity representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing a complaint or arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions under Federal Rule of Civil Procedure 11 on represented parties and their counsel if the arbitrator determines that a frivolous and/or improper claim was initiated by parties and/or their counsel.

      Payment of all arbitration fees will be governed by the AAA Rules as modified by this Arbitration Agreement, unless the parties mutually agree to a different arbitration provider. Connexity will consider a request to reimburse the consumer filing fee upon a demonstration of financial hardship.

      You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

      The arbitration will be conducted by a single arbitrator who will apply these Terms of Use as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only.

      Although under some laws Connexity may have a right to an aware of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Connexity agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11, which the parties agree shall be applicable in arbitration. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall also apply and be enforced by the arbitrator after entry of an award. An aware that has been satisfied may not be entered in court.

      UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND CONNEXITY AGREE THAT THE ARBITRATOR MAY AWARE INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A "PUBLIC INJUNCTION." THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF OR ANY PRIVATE ATTORNEY GENERAL CLAIM), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

    3. Additional Procedures for Coordinated Disputes/Filings.

      You and Connexity agree that these procedures (in addition to all others provided in this Section) shall also apply if your claim is part of a "Mass Filing" (defined below).

      If 25 or more similar Disputes (including yours) are asserted against Connexity by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"), the AAA’s Mass Arbitration Supplementary Rule and the additional procedures set forth herein shall apply. You understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

      If your claim is part of a Mass Filing, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the date the Pre-Arbitration Notice is received until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

      A court of competent jurisdiction located in Los Angeles County, California, shall have the authority to enforce these Additional Procedures for Coordinated Disputes/Filings section of the Arbitration Agreement, including by enjoining the Mass Filings, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

      The Additional Procedures for Coordinated Disputes/Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction located in Los Angeles County, California, consistent with the remainder of the Terms of Use.

      STAGE ONE: Assuming there are at least 50 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall select at least 25 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after the initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Connexity shall pay the mediator’s fee.

      STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Connexity shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One and Two, and Connexity shall again pay the mediator’s fee.

      Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

      A court of competent jurisdiction shall have the authority to enforce this staging requirement of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

    4. Opt-out.

      You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: Connexity, Inc., 2120 Colorado Ave #400, Santa Monica, CA 90404, Attn: Legal Department, postmarked within 60 days of the first time you agreed to terms with Connexity that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number;; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms of Use. By opting out of arbitration, all other provisions in these Terms of Use, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.

    5. Severability and Survival.

      Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Coordinated Disputes/Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or enforceable as to your Dispute, 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. This Arbitration Agreement will survive the termination of these Terms of Use.

    6. Future Changes to Arbitration Agreement.

      If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: Connexity, Inc., 2120 Colorado Ave #400, Santa Monica, CA 90404, Attn: Legal Department, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Connexity in accordance with this version of the Arbitration Agreement.

  2. Waiver of Jury Trial; Waiver of Class Actions.

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CONNEXITY WAIVE THE RIGHT TO A JURY TRIAL. YOU AND CONNEXITY ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION.

13. Changes

We are constantly updating our Site and Services to provide better options and features, or for other reasons. In certain instances it may be necessary to update or modify our Terms of Use to reflect these and other changes (e.g., to reflect updates to our practices and policies). We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Site or any Service ("Additional Terms"). Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these Terms of Use, as appropriate or necessary. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

14. Governing law

Our Service is operated from the United States and these Terms of Use are governed by the laws of the United States. However, this does not affect any choice of law rules or any protections you are entitled to as a consumer in the country in which you reside. We make no representation that our Service is appropriate, legal or available for use in locations outside the United States. You are in the best position to know whether your use of our Service may be prohibited or restricted by local laws in your location. If you are not able to comply with local laws when using our Service, you should not use our Service.

15. Other terms

We intend to rely on these Terms of Use as setting out the written terms relating to the provision of our Service to you. If any part of these Terms of Use shall be unlawful or unenforceable for any reason, this shall not be affect the remainder of these Terms of Use.

Permission is granted to individual consumers to electronically copy and to print hard copy pages of our Site Content for the sole purpose of using our Site or Service as a shopping resource.

If there is any conflict between the English language version of this Agreement and any translated version we may provide, we each agree that the English language version will control in all instances.

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