User Agreement

Welcome to our BigRedBulb website (the “Website“), which is located at www.bigredbulb.com. These terms of use (the “User Agreement“) govern the relationship between you as a user of the Website (“User“, “you“, and “your“, as the context requires) and BigRedBulb Inc, (“BigRedBulb”, “we”, “us”, and “our” as the context requires).

If you are a User, you acknowledge and agree that uploading, publishing, posting or otherwise generating graphics, images, art, artwork, works, photographs, illustrations, listings, information, text, data, video, sound, music or any other material on the Website (“Content”) comes with important legal responsibilities. It is your responsibility to make sure you are not violating anyone’s rights or breaking any laws by using the Website, including by publishing your Content and otherwise using or accessing the hosting and facilitation services that BigRedBulb provides in connection with the Website (the “BigRedBulb Services”). The BigRedBulb Services include, but are not limited to, the facilitation of the following: customer service interactions, Users’ marketing and promotional activities on the Website and offsite, and the distribution of Users’ Content.

All Users should be aware that BigRedBulb does not prescreen all the Content that Users upload to, or otherwise generate on, the Website. While BigRedBulb does not permit unlawful Content on the Website, BigRedBulb cannot guarantee that each User complies with this User Agreement or the law at all times. Users are responsible for their Content and for possessing the applicable rights to their Content, and they are in the best position to respond to inquiries regarding their Content. Also, if you are just browsing others’ Content, please respect the intellectual property rights of others and don’t steal their art or anyone else’s. All Users should respect each other and respect the art you find here, and if you do so, you will help make this community a creative, inspiring and enjoyable place.

You agree to be bound by the terms of this User Agreement whenever you use the Website, register an account on the Website, or log into the Website, so it is important that you carefully read and agree to all the terms in this User Agreement. If you do not agree with the terms of this User Agreement, or any of our other policies including, but not limited to, our IP/Publicity Rights Policy, our Community and Content Guidelines, and our Privacy Policy (all of which are incorporated by reference in this User Agreement), you may not use the Website or any of the BigRedBulb Services.

IN PARTICULAR, PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION IV BELOW THAT APPLIES TO ALL USERS, AS IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND BIGREDBULB.

This User Agreement is divided into the following sections:

I. General Terms for All Users

II. Dispute Resolution, Binding Individual Arbitration, Jury Trial Waiver, Class Action Waiver for All Users

I. General Terms for all Users

General Information

The Website is only available to, and may only be used by, adults who can form legally binding contracts under applicable law. This means that you must be at least 18 years old to use the Website. Minors are not permitted to use the Website under any circumstances unless properly supervised by their parent or legal guardian.

We accept no liability for any failure to comply with this User Agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this User Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this User Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force and effect.

We may amend the terms of this User Agreement and our policies from time to time in our sole discretion. We will make reasonable efforts to notify you of material changes either by sending you an email to the email address you have registered with BigRedBulb and/or by displaying on our Website information about modifications to this User Agreement. Either way, your continued use of the Website will constitute ongoing agreement to the terms in this User Agreement as updated from time to time.

The BigRedBulb Services may contain translations powered by Google LLC. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.

Account Management

When creating an account, you must provide your email address and a password. The registration of a legal entity or a partnership may only be carried out by a natural person authorized to represent the entity or partnership, who must be designated by name. Only a single natural person may be the owner of an account. When registering, you must provide the required data completely and truthfully. If this data changes after registration, you must update it immediately. If you provide false data or do not provide changes immediately, we may exclude you from our Website.

To help us verify your identity and to protect the security of your account and to comply with the law, you may be requested to provide current and accurate information about yourself such as your name, physical address, telephone number, date of birth, tax ID or VAT number, and company registration (if applicable). We may also request that you send us additional documents or information to help verify your identity such as a copy of your government-issued identification and other documents that may be legally required. It is prohibited to use false information or impersonate another person through your account. You agree and acknowledge that if you do not provide the information or documents requested that your account may be terminated or restricted.

In the unfortunate event that a User dies or becomes permanently incapacitated, we may request certain documents from such User’s successors, assigns, or legal representatives including, but not limited to, a death certificate, proof of succession, or power of attorney.

Passwords

You are responsible for actions made on the Website using your account, including any Content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

In the event that you can no longer access your account and request our assistance in remedying the situation, we may, to the extent permitted by law, request information about your identity in order to ensure that you are the owner of the user account in question. This serves in particular to ensure the security of user accounts and to prevent third parties from gaining unlawful access to user accounts.

Procedure for Making Claims of Intellectual Property Infringement

BigRedBulb respects the intellectual property rights of others, and we require that all Users do the same. If you believe that Content on the Website has been used in a way that constitutes an infringement or violation of your rights, and you are the rights holder or the rights holder’s legal representative, please immediately notify us by sending a Notice and Takedown Request. For all other intellectual property-related correspondence, you can reach us at: support@bigredbulb.com. More information on intellectual property matters can be found in our IP/Publicity Rights Policy.

Reporting Inappropriate Content

Since publication is completely automated, BigRedBulb does not prescreen any of the Content published to our Website. The responsibility for Content lies solely with the respective User, and BigRedBulb cannot guarantee that Users will not display “Inappropriate Content.” Inappropriate Content includes, but is not limited to, Content that infringes the copyright, trademark or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, objectionable or otherwise in violation of the law, this User Agreement, our IP/Publicity Rights Policy, or our Community and Content Guidelines. BigRedBulb reserves the right to remove or restrict access to any User’s Content in its sole discretion.

Please help us by letting us know straight away about any inappropriate Content you see on the Website. You can do this by clicking the “Inappropriate Content” link displayed on each web page. If you believe your intellectual property rights, including copyright and trademark, or other rights are being infringed, you can submit a Notice and Takedown Request. More information on intellectual property matters can be found in our IP/Publicity Rights Policy.

Intellectual Property Rights and License

By uploading your Content to the Website, you hereby grant BigRedBulb and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to distribute, host, transmit, store, use, reproduce, and publicly display, in any media formats and through any media channels, the Content you publish to the Website in connection with BigRedBulb’s or its affiliates’ businesses, promotion of the Website, redistributing all or part of the Website, and the provision of the BigRedBulb Services including, but not limited to, the facilitation of your activities and the activities of third parties that are required or contemplated by the functionality of the Website or this User Agreement, including, but not limited to, the third-party manufacturing, promotion, marketing, advertising and viewing and access by Users. The above licenses terminate within a commercially reasonable time after you remove or delete your Content from the Website. The above licenses granted by you in any comments you publicly post on the Website are perpetual and irrevocable.

Unless otherwise provided for in this User Agreement or in a separate agreement with a licensor as described under Section III: Special Terms for Sellers: Partner Program, you retain any intellectual property rights you possess in your Content.

All intellectual property rights, title and interest in the Website (including the software and systems underlying the Website, the BigRedBulb mobile app, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to BigRedBulb, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. Other than for the purposes of, and subject to the conditions prescribed under relevant intellectual property law throughout the world, and except as expressly authorized by this User Agreement, you may not in any form or by any means: use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or commercialize any information, services obtained from any part of the Website without BigRedBulb’s prior written permission. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the website or mobile app and you will not remove, obscure, or alter BigRedBulb’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the website or the mobile app.

If you use any of our trademarks or other intellectual property in reference to our activities, products or services, you must include a statement attributing that trademark to us. You may not use any of our trademarks in whole or as part of your trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services.

Linked Websites

The Website may contain links to other websites owned or operated by third parties (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites. Any links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of such Linked Websites, or of any information, graphics, materials, products or services referred to or contained on such Linked Websites, unless and to the extent stipulated to the contrary.

Privacy Policy

Your privacy is very important to us. Users should refer to our Privacy Policy, which is incorporated into this User Agreement by reference, for information about how we collect and use personal information. When you use the Website and the BigRedBulb Services, you may grant certain permissions to us for your device. Most devices, such as mobile devices, provide you with information about these permissions. Learn more about these permissions in our Privacy Policy.

Although we take all reasonable measures to protect Users, you must also take precautions to ensure that the process by which you access our Website and use the BigRedBulb Services does not expose you to the risk of viruses, computer malware or other harm to your computer system.

You acknowledge that our ability to verify the identity of other Users may be limited. Despite our reasonable security measures, it cannot be ruled out that an account may contain incorrect or outdated contact information and/or be used in a manner that violates the rights of others.

Compliance with Export Control and Trade and Economic Sanctions Laws

BigRedBulb complies with all applicable export control and trade and economic sanctions laws and regulations, including the U.S. Export Administration Regulations, 15 CFR Parts 730-799, and the economic sanctions regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Controls, 15 CFR Parts 500-599. You agree that you will not use the BigRedBulb Services in any manner that would reasonably give rise to BigRedBulb being in violation of any applicable sanctions, export laws, or regulations. You agree that you will not use the BigRedBulb Services in any comprehensively sanctioned destination (including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and you are not included on or covered by any applicable list of sanctioned persons, including the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons and the U.S. Commerce Department’s List of Denied Persons and/or Entity List. You further agree that you are not and will not use the BigRedBulb Services for the benefit of or on behalf of any sanctioned person or person in a comprehensively sanctioned country, or in any manner contrary to applicable export and sanctions laws and regulations. For further information on these restrictions, see http://www.bis.doc.gov/ and http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx.

Electronic Communications

When you use the Website, or send emails, text messages, and other communications from your desktop or mobile device to or through the Website, you may be communicating with us or another User electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on the website or through the mobile app, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that your electronic agreement is the same as your signature on paper.

Terminating and Restricting Accounts

Access to the Website and any Content including, but not limited to, account usernames and listing pages, may be limited or terminated at any time by us without notice for any reason in our sole discretion. Terms and conditions that by their nature would reasonably be expected to survive termination shall survive termination and remain in full force and effect notwithstanding full or partial termination of this User Agreement including, but not limited to, your indemnities, your grant of rights and licenses, our disclaimers and limitations of liability, your representations and warranties, and any applicable licensor terms and conditions. Content associated with disabled accounts may not be available for public view and associated listings will not be discoverable, viewable to Users, and Users agree that BigRedBulb is not responsible for any loss that you or others may directly or indirectly suffer in connection with the disabling of your or others’ accounts.

Permanently blocked Users may not use the BigRedBulb Services through another existing or newly registered account. You may terminate your account at any time by logging into your account, clicking on the “Delete Account” link and then following the instructions. Content that was uploaded by a deleted account prior to blocking or deletion may no longer be publicly displayed on our Website. Content that is not publicly displayed that are related to such Content cannot be found by users and are not for sale.

Disclaimers and Limitation of Liability

As a User, you must ensure that your access to the Website and your use of the Website and the BigRedBulb Services is not prohibited by law. It is your responsibility to ensure that the process that you employ for accessing the Website or the BigRedBulb Services does not expose you to risk of viruses, malicious computer code or other forms of interference that may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website, the BigRedBulb Services, or any Linked Website. You acknowledge that BigRedBulb may not be able to confirm the identity of other Users or prevent them acting in a manner that may violate the law.

The Website and the BigRedBulb Services are provided on an ‘as is’ basis. We do not represent or guarantee that the Website, the BigRedBulb Services, or any Linked Website will be free from errors or viruses. We do not represent or guarantee that access to the Website or the BigRedBulb Services will be uninterrupted.

You acknowledge that the Website and Services may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures.

We do not make any warranties or representations regarding any Content uploaded to the Website including, but not limited to, that it will be protected against loss, theft, misuse or alteration by third parties. We do not warrant that Content will be available on the Website, or that Content will be available in whole or in part on a certain time frame. BigRedBulb does not accept any liability to you or any third parties for any losses arising directly or indirectly from a failure to provide the BigRedBulb Services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the BigRedBulb Services, or any transmissions or Content of others in contravention of this User Agreement.

We have no responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Website or the BigRedBulb Services including, but not limited to, publishing your Content or otherwise using the Website, the BigRedBulb Services, or any Linked Website, nor do we have any responsibility for any such loss arising out of your use of or reliance on any Content or other information contained on or accessed through the Website or the BigRedBulb Services.

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THIS USER AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE BIGREDBULB SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BIGREDBUBLB SHALL NOT BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER SUFFERED BY YOU ARISING FROM THIS USER AGREEMENT, OR OTHERWISE BASED UPON OR RESULTING FROM THE WEBSITE OR THE BIGREDBULB SERVICES.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty to one or more of the following, which may be offered as a gesture of goodwill: the facilitation of the repair or replacement of the goods or their equivalent, the supplying of the BigRedBulb Services again, or the payment of the cost of having the BigRedBulb Services supplied again.

This disclaimer set out in this User Agreement does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION IV BELOW THAT APPLIES TO ALL USERS, AS IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND BIGREDBULB.

Indemnity

You agree to indemnify, defend, and hold harmless, BigRedBulb, our officers, directors, employees, affiliates, agents and representatives, as well as all third parties participating in the Website, and each of their officers, directors, employees, affiliates, agents and representatives from and against any and all claims, damages, losses, liabilities, costs (including, but not limited to, reasonable legal fees) or other expenses that arise directly or indirectly out of or from your breach or alleged breach of any clause of this User Agreement; any allegation that your use of the Website or your Content infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your activities in connection with the Website.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person. Without limitation to other unspecified provisions of this User Agreement that survive termination, this Indemnity section will survive the termination of this User Agreement.

Limitation of Liability

Without limitation to other disclaimers and limitations of liability in this User Agreement, in no case will BigRedBulb be liable for any consequential loss or damage suffered by you arising from this User Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

II. Dispute Resolution, Binding Individual Arbitration, Jury Trial Waiver, Class Action Waiver for All Users

PLEASE READ THIS SECTION CAREFULLY. IT APPLIES NO MATTER WHERE IN THE WORLD YOU LIVE, BUT IF YOU LIVE OUTSIDE OF THE UNITED STATES, YOU MAY BE ENTITLED TO THE PROTECTION OF THE MANDATORY CONSUMER PROTECTION PROVISIONS OF YOUR LOCAL CONSUMER PROTECTION LAW. BY ACCEPTING THESE TERMS, YOU AND BIGREDBULB OR ITS AFFILIATES BOTH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION (“ARBITRATION AGREEMENT”).

If you have a problem or dispute, we will try our best to resolve it. If we are unsuccessful, you may pursue your claim as set forth in this section. This Arbitration Agreement shall be governed in all respects by Delaware law, without regard to its or any other jurisdiction’s choice of law provisions.

A. Claims Covered by Arbitration Agreement

The Arbitration Agreement between you and BigRedBulb is very broad: it covers all disputes, claims, or controversies, including those you may have had before you agreed to the terms of this Arbitration Agreement (“Terms”), arising out of or relating to (i) these Terms, (ii) any part of the BigRedBulb Services including, (iii) any dealings with BigRedBulb, including any of its affiliates, agents, contractors, employees, or representatives, and (iv) the relationship between you and BigRedBulb, including, the validity, enforceability, and scope of this Arbitration Agreement (collectively, “Disputes”).

You agree that all Disputes, except those mentioned in the very next sentence, shall be resolved through binding arbitration, subject to the limitations described in Sections C and D, below. Disputes that may be brought in small claims court are not subject to arbitration.

B. Agreement to Attempt to Resolve Disputes Informally

It is in all the parties’ interests to resolve any issues as quickly and cost-effectively as possible. Therefore, the parties agree to attempt to resolve any Dispute informally for at least 45 days before initiating arbitration. The 45-day period begins upon receipt of written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the party raising the Dispute; (b) describe the nature and basis of the Dispute; and (c) explain what relief is being sought. We will send our Notice of Dispute to either your billing or email address, or both. You must send your Notice of Dispute to the following address: Attn: Legal, BigRedBulb Inc., [TODO: Contact support for address].

Any offers to settle the Dispute made during the 45-day informal dispute resolution period shall be confidential and shall not be disclosed to the arbitrator in any subsequent arbitration proceeding.

The parties expressly agree that, if either party initiates an arbitration proceeding without first attempting informal resolution of a Dispute as set forth in this section, such arbitration proceeding may be immediately administratively terminated upon the request of any party.

C. Rules For Binding Arbitration

If we cannot resolve the Dispute informally, either party may elect to have the Dispute finally and exclusively resolved by confidential, binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party.

You and we agree that this User Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. The arbitration will be conducted in the English language. Subject to the Express Limitations on Arbitration in Section D, below, an arbitrator may award any relief to either party that would be available in a court to the extent required to satisfy your Dispute; provided, however, that any injunctive, equitable or declaratory relief is specifically excluded from this Arbitration Agreement. Any injunctive relief sought by either party, where such remedies are permitted, shall be severed from the arbitration and must be sought in a court of law. In the case that you seek both money damages and injunctive relief, then you agree, consistent with section 3 of the Federal Arbitration Act, that the court may stay your claims for injunctive relief pending final resolution of your Dispute in arbitration.

The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules (“AAA Consumer Rules”), but with the following modifications to those rules:

Arbitration fees and costs shall be governed by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send us proof to the Notice of Dispute address above indicating that you are unable to pay the administrative fees required to initiate an arbitration, we will pay all AAA administrative fees.
If the total demand sought in the Dispute does not exceed $25,000, the arbitration will be presumed to be conducted solely on the basis of written submissions. However, the Arbitrator shall maintain the discretion, upon the specific request of a party, to require a face-to-face hearing.
The parties may bring any dispositive motion or motions during the course of the proceedings.
The arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. A party may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. For such purposes, you and BigRedBulb agree to submit to the personal and exclusive jurisdiction of the federal and Delaware state courts.

Arbitration rules and forms may be obtained from AAA at https://www.adr.org or by calling AAA at 1-800-778-7879.

D. Class Action Waiver and Express Limitations on Arbitration

THE PARTIES AGREE THAT AS TO ALL DISPUTES, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the foregoing clause is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.

Notwithstanding this express class action waiver, in the event that a binding arbitration proceeding involving the parties is deemed to meet the criteria of a “multiple consumer case filing,” as set forth in the AAA Consumer Arbitration Rules – Costs of Arbitration, then either party shall have the right, but not the obligation, to apply to the arbitrator to have all “multiple consumer case filings” transferred before the same arbitrator. If, and only if, such transfer occurs, any party to these transferred multiple consumer case filings may then move by written submission to the arbitrator to conduct pre-hearing activities only—such as discovery and dispositive motion practice—in a manner that will have common effect on all multiple consumer case filings. The arbitrator shall provide all affected parties an opportunity to be heard before deciding, in its own discretion, whether and to what extent to permit common pre-hearing activities in multiple consumer case filings. For the avoidance of any doubt, all arbitration hearings will proceed on an individual basis.

E. Location of the Arbitration Hearing

If the arbitration requires an in-person hearing, the hearing will take place in the county in which you reside.

F. Severability

If any clause within this Arbitration Agreement (other than the Class Action Waiver clause set forth in paragraph D above) is found to be unenforceable, that clause will be severed from this Arbitration Agreement and the remainder of this Arbitration Agreement will remain in full force and effect.