TERMS & CONDITIONS | Blended Strategy

Last Modified: January 7, 2025

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF USE CAREFULLY – THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.

Acceptance.

www.blendedstrategy.com (the “Website”) is operated by Blended Strategy Group, LLC (“BSG”, “we” or “our”). The following terms and conditions, together with any documents they incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the Website, including any materials, content, functionality, and services offered on or through the Website. By visiting and using the Website, you accept and agree, without limitation or qualification, to be bound by and abide by these Terms of Use and our Privacy Policy. Any special rules for the use of or access to specific services, materials or functionalities provided on the Website may be included elsewhere within the Website and are supplementary to, and are incorporated into these Terms of Use by reference and are not modifications of these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use.

BSG reserves the right to modify or revise these Terms of Use, in its sole discretion, at any time. All changes are effective immediately when we post them and apply to all access to, and use of, the Website thereafter. By visiting and using the Website, you agree to be bound by any and all subsequent modifications or revisions to these Terms of Use and to comply with any applicable laws and regulations. You are expected to check these Terms of Use periodically from time to time so you are aware of any changes to these Terms of Use, as they are binding on you.

Accessing the Website.

BSG may suspend, withdraw, discontinue, change or amend all or any part of this Website, and any functionality, content, service, features or material we provide on the Website, in our sole discretion without notice. BSG does not guarantee that the Website will always be available or be uninterrupted, and BSG will not be liable to you if for any reason the Website or any part thereof is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Personal Information.

To access the Website or some of the functionality, content, service, features or material it offers, you may be asked to provide certain registration details or other information. You agree that all information which is provided by or collected from you, is governed by BSG’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. To the extent there is an inconsistency between these Terms of Use and Privacy Policy, the Privacy Policy shall govern to the extent necessary to resolve such conflict.

It is a condition of your use of the Website that all information you provide on or when using the Website is correct, current and complete, and that all such information or content you provide on or when using the Website is owned or controlled solely by you. If you provide information that is not accurate, current, complete, or belonging to a third party, or if BSG has reason to believe that information you provided is not accurate, current, complete, or belongs to a third party, BSG has the right to prohibit you from any and all future use of the Website or any access thereto.

From time to time, BSG may submit information provided by, or collected from you using the BSG Network feature, for submission to BSG’s clients for potential brand partnerships or similar opportunities (the “BSG Network”) in a manner consistent with our Privacy Policy. YOU UNDERSTAND AND ACKNOWLEDGE THAT IN PROVIDING YOU ACCESS TO OR USE OF THE WEBSITE, MATERIALS, FUNCTIONALITIES, CONTENTS OR ANY SERVICES PROVIDED TO YOU, INCLUDING, WITHOUT LIMITATION, ACCESS TO THE BSG NETWORK, BSG IS NOT ACTING AS A TALENT AGENT, DOES NOT REPRESENT YOU AND IS NOT ASKING FOR, OR COLLECTING INFORMATION FROM YOU, TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR YOU. By submitting your information for inclusion in the BSG Network, you confirm your interest in being selected or engaged to participate in potential brand partnerships or similar opportunities but does not, however, ensure or guarantee such engagement or selection. By submitting your information for inclusion in the BSG Network, you agree and acknowledge that: (i) BSG may submit your information to its brand clients for potential brand partnerships or similar opportunities in accordance our Privacy Policy, but will have no obligation to do so; (ii) BSG has the permission to contact you in the manner specified by you on behalf of its clients for potential brand partnerships and similar opportunities; and (iii) to the extent you are contacted for any particular brand partnerships or similar opportunities, your engagement or selection is always subject to a fully executed agreement between you and the applicable brand(s) directly. BSG DOES NOT, AND WILL NOT, GUARANTEE, OR BE RESPONSIBLE TO YOU IN ANY MANNER FOR OR IN RESPECT OF ANY SUCH POTENTIAL ENGAGEMENT OR SELECTION FOR A BRAND PARTNERSHIP OR SIMILAR OPPORTUNITY.

Intellectual Property Rights and Use Restrictions.

The Website and its entire materials, contents, services and functionality (including, but not limited to, all information, materials, software, text, displays, images, video, audio, and the design, selection and arrangement thereof) (collectively, “Contents”) are, as between you, on the one hand, and BSG, on the other hand, owned by BSG, its licensors, or other providers of such Contents and are protected by United States and international intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You must not:

Modify copies of any Contents from the Website;
“Mirror” any Contents contained in the Website or any other server;
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, the Contents, or any services available through the Website;
Delete or alter any copyright, trademark, or other acknowledgements, credits or legal notices contained on the Website or in the Contents;
Use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any party’s use and enjoyment of the Website, or which, as determined by BSG, may harm BSG or users of the Website, or expose them to liability;
Use the Website or Contents in any way that violates any applicable federal, state, local or international law or regulation;
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
Impersonate or attempt to impersonate BSG, a BSG employee, another user, or any other person or entity (including, without limitation, by using the email addresses associated with any of the foregoing);
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, including without limitation by means of hacking, password mining or any other means;
Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
Introducer any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; or
Use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, threaten or otherwise violate the rights of any third party.

If you violate any of these Terms of Use, your permission to use the Website and/or any Contents automatically terminates and you must, at our option, immediately return or destroy any copies you have made of any portion of the Contents. No right, title or interest in, or to, the Website or any Contents on the Website is transferred to you, and all such rights are reserved to BSG and its licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks.

BSG’s name, logos, and all related names, logos, products and service names, designs and slogans are trademarks of BSG or its affiliates or licensors. You must not use such marks without the prior written permission of BSG. All other names, logos, products and service names, designs and slogans on the Website or any Contents are the trademarks of their respective owners.

Reliance on Information Posted.

The Contents presented on Website are made available solely for general information purposes. BSG makes no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Website are accurate, complete, useful or up-to-date. Any reliance you place on such information is strictly at your own risk. BSG disclaims any liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Contents.

Links From the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. BSG has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decided to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties.

You understand that BSG cannot and does not guarantee or warrant that the Website will be free from bugs or viruses. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external of our Website for any reconstructions of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, BSG OR ANY PERSON ASSOCIATED WITH BSG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACH, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BSG NOR ANY PERSON ASSOCIATED WITH BSG MAKES ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BSG NOR ANYONE ASSOCIATED WITH BSG REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BSG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BSG, ITS AFFILIATES, OR THEIR LICENSORS, CLIENTS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENTS ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVENT IF FORESEEABLE.

Indemnification.

You agree to defend, indemnify and hold harmless BSG, its affiliates, licensors, clients and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Use, or your use of the Website, including but not limited to, any use of the Website’s Contents other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Resolving Disputes, Agreement to Arbitrate, Class Action, and Jury Waiver

Last Updated: January 7, 2025

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DEFINITIONS

“ADR Services” means ADR Services, Inc., www.adrservices.com.
“ADR Services Batching Procedure” means for the ADR Services to (i) administer claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.
“Dispute” means any dispute, claim, or controversy between you and BSG, including but not limited to disputes, claims, or controversies related to or arising from the Website, or these Terms of Use, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms, Other Terms, and the Arbitration Agreement included herein.
“NAM” means National Arbitration and Mediation (www.namadr.com).
“NAM Rules” means NAM rules and procedures, including the Comprehensive Dispute Resolution Rules and Procedures, including is Mass Filing Supplemental Dispute Resolution Rules and Procedures (when applicable) and its Consumer Fee Schedule.
“Notice of Dispute” or “Notice” means a notice of Dispute from you to BSG.
“Notice Address” means info@blendedstrategygroup.com, to which a Notice of Dispute from you to BSG must be emailed.
“Opt-Out Notice” means the written opt-out notice to opt out of the Arbitration Agreement.
“Opt-Out Period” means within 30 days from the earlier of the date that you: (1) first accessed the Services or (2) first provided information to the Services after the posting of these Terms.

MANDATORY INDIVIDUAL ARBITRATION

Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms Of Use, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and BSG each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by BSG against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all claims against BSG, including but not limited to claims arising out of or relating in any way to the Website or the Terms of Use, must be filed within one year after such claim or cause of action arose or it will be forever barred.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in Los Angeles, California, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of California, without regard to choice of law or conflict of law provisions.

CLASS ACTION/JURY TRIAL WAIVER

You and BSG agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. This means that you and BSG may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and BSG may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.

Unless both you and BSG agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and BSG shall be deemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Notwithstanding the foregoing, you or BSG may participate in a class-wide settlement.

OPT-OUT PROCEDURES

To opt out of this Arbitration Agreement, you must send us a written Opt-Out Notice by email at info@blendedstrategygroup.com within the Opt-Out Period. The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with BSG. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of BSG’s arbitration agreements and class action provisions. If you timely provide BSG with a valid Opt-Out Notice, all Disputes shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Los Angeles, California.

RULES AND GOVERNING LAW

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and BSG each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to BSG must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Website, including whether claimant receives any emails associated with the Website, whether claimant has made a purchase from BSG, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. BSG will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and BSG have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and BSG each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to NAM, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.

If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. BSG reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and BSG shall be deemed not to have agreed to arbitrate Disputes.

If NAM notifies the parties in writing that it is not available to arbitrate any claim, or if NAM is otherwise unable to arbitrate any claim, that claim shall be submitted to ADR Services, for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement. If there are 20 or more substantially similar claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall (i) administer those claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this ADR Services Batching Procedure to facilitate the efficient resolution of these claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. BSG reserves all rights and defenses as to each and any demand and claimant.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA, will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of California, without regard to choice of law or conflict of law provisions.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and BSG agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

OPT OUT OF FUTURE CHANGES TO ARBITRATION AGREEMENT

Notwithstanding any provision to the contrary, if BSG makes any future change to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), you may reject any such change by sending BSG an email to info@blendedstrategygroup.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from BSG. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

SEVERABILITY & SURVIVAL

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

Notwithstanding the foregoing, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth in the Opt-Out Procedures and the Opt-Out of Future Changes to subsections above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with BSG.

Waiver and Severability.

No waiver by BSG of any term or conditions set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term of condition, and any failure by BSG to assert a right or provision under these Terms of Use shall not constitute a waiver of such right of provision. If any provision of these Terms of Use is found to invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement.

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of BSG on the Website, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and BSG with respect to the use of the Website and Contents.

Contact BSG.

All feedback, comments and other communications relating to the Website should be directed to info@blendedstrategygroup.com.