# Unshakable — Terms of Use
Last updated: August 11, 2026
Welcome to Unshakable!
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") CAREFULLY. UNSHAKABLE, INC. ("UNSHAKABLE") OPERATES THE MOBILE APPLICATION, "UNSHAKABLE" (THE "APPLICATION"), ITS ASSOCIATED WEBSITES (COLLECTIVELY, THE "WEBSITE"), AS WELL AS A NUMBER OF RELATED SERVICES (COLLECTIVELY, WITH THE APPLICATION AND THE WEBSITE, THE "SERVICES"). BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS FOR THE APPLICATION, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE IN YOUR PLACE OF DOMICILE TO FORM A BINDING CONTRACT WITH UNSHAKABLE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED THROUGH THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SERVICES.
UNSHAKABLE IS A WELLNESS AND SELF-GUIDANCE PRODUCT. IT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU ARE IN CRISIS OR MAY HARM YOURSELF OR OTHERS, CALL OR TEXT 988 (THE 988 SUICIDE AND CRISIS LIFELINE) OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
PLEASE BE AWARE UNDER THE TERMS OF THIS AGREEMENT BETWEEN US, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE RULES OF ARBITRATION, IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms"), and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the "Agreement."
The Services include without limitation: the Application, which offers guided audio and video sessions, structured recovery programs and workbooks, daily check-ins and journaling, scripture and daily challenges, progress tracking, and an AI-assisted coaching feature ("Coach CHELSKO") intended to support emotional wellness, breakup recovery, and anxiety management.
PLEASE NOTE THAT the Agreement IS subject to change by UNSHAKABLE in its sole discretion at any time. When changes are made, UNSHAKABLE will make a new copy of the Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the "Last updated" date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Website, the Application, and/or the Services and will be effective thirty (30) days after posting notice of such changes for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. UNSHAKABLE may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application, and the Services. Otherwise, your continued use of any of the Website, the Application, and Services constitutes your superseding acceptance of such change(s).
## 1. Nature of the Services; No Medical or Mental Health Advice
1.1 Wellness Product Only. Unshakable is a wellness, education, and self-guidance product. The Services — including all sessions, programs, workbooks, prompts, scripture, challenges, and any output of Coach CHELSKO — are provided for informational and self-help purposes only. They do not constitute medical, psychological, psychiatric, counseling, therapeutic, legal, or other professional advice, diagnosis, or treatment, and they are not a substitute for care from a qualified professional.
1.2 No Provider Relationship. No physician-patient, therapist-client, counselor-client, or other professional relationship is created by your use of the Services. Unshakable does not employ your treating professionals, does not supervise your care, and does not review your content clinically.
1.3 Consult a Professional. Never disregard professional advice, or delay seeking it, because of something you have read, heard, or received through the Services. Always consult a qualified healthcare professional before making decisions about your physical or mental health, before beginning or discontinuing treatment, and before acting on anything you encounter in the Services.
1.4 Emergencies and Crisis. The Services are not designed for emergencies and are not monitored in real time. If you are experiencing a medical or mental health emergency, are considering self-harm or suicide, or believe you may harm another person, do not use the Services — call or text 988 (the 988 Suicide and Crisis Lifeline, available 24/7 in the United States), contact the Crisis Text Line, call your local emergency number, or go to the nearest emergency room. Outside the United States, contact your local crisis line or emergency services.
1.5 Individual Results. Emotional wellness outcomes vary from person to person. We make no representation, warranty, or guarantee that the Services will produce any particular result, improvement, or outcome for you.
1.6 Sensitive Subject Matter. The Services address breakup recovery, grief, anxiety, and related topics, and may include content that some users find upsetting. We reserve the right to restrict access to content, apply sensitivity screens, and surface crisis resources where we believe it is appropriate.
## 2. Artificial Intelligence Features
2.1 AI-Generated Output. Coach CHELSKO and certain other features are powered by third-party large language models. Responses are generated automatically by software. They are not reviewed by a human before you receive them, and no licensed professional participates in the conversation.
2.2 Accuracy. AI output can be inaccurate, incomplete, out of date, or inappropriate for your circumstances, and may state incorrect information confidently. You are solely responsible for evaluating AI output before relying on it, and you agree not to rely on it as a substitute for professional advice under Section 1.
2.3 Third-Party Processing. To generate responses, the content of your messages and relevant context is transmitted to our AI provider for processing. Your use of these features constitutes your consent to that processing as described in our Privacy Policy.
2.4 Usage Limits. Access to AI features may be subject to usage quotas that differ by subscription tier, and those quotas may change. We may throttle, suspend, or discontinue AI features at any time, including to manage cost, capacity, safety, or abuse.
2.5 Prohibited AI Uses. You may not use AI features to generate content that violates Section 6, to attempt to extract system prompts, model weights, or underlying training data, to circumvent safety measures, or to develop a competing product or model.
## 3. Use of the Services and Unshakable Properties
The Application, the Website, the Services, and the information and content available on the Website and in the Application (each, an "UNSHAKABLE Property" and collectively, the "UNSHAKABLE Properties") are protected by copyright laws throughout the world.
3.1 Application License. Subject to your compliance with the Agreement, UNSHAKABLE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial purposes. With respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. With respect to any Application accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
3.2 Updates. You understand that UNSHAKABLE Properties are evolving. As a result, UNSHAKABLE may require you to accept updates to UNSHAKABLE Properties that you have installed on your device. You acknowledge and agree that UNSHAKABLE may update UNSHAKABLE Properties with or without notifying you, including through over-the-air updates. You may need to update third-party software from time to time in order to use UNSHAKABLE Properties.
3.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit UNSHAKABLE Properties or any portion of them; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other UNSHAKABLE Property; (c) you shall not use any metatags or other "hidden text" using UNSHAKABLE's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of UNSHAKABLE Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, or data mining tools) to "scrape" or download data from UNSHAKABLE Properties; (f) you shall not access UNSHAKABLE Properties in order to build a similar or competitive application, service, or model; (g) except as expressly stated herein, no part of UNSHAKABLE Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in UNSHAKABLE Properties. Any future release, update or other addition to UNSHAKABLE Properties shall be subject to the Agreement. UNSHAKABLE, its suppliers and its service providers reserve all rights not granted in the Agreement. Any unauthorized use of any UNSHAKABLE Property terminates the licenses granted by UNSHAKABLE pursuant to the Agreement, while the indemnification rights owed to UNSHAKABLE hereunder shall survive termination or expiry of this Agreement.
3.4 Third-Party Materials. As a part of UNSHAKABLE Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for UNSHAKABLE to monitor such materials and that you access these materials at your own risk.
## 4. Registering Your Account
4.1 Registered Users. In order to access the features of UNSHAKABLE Properties you must become a registered user ("User" or "Registered User"). For purposes of the Agreement, a "Registered User" is a user who has registered an account in the Application (an "Account") or has connected a valid third-party account, such as Apple or Google ("Third-Party Account"), to the Application.
4.2 Sign-In Through a Third-Party Account. If you create or access your Account using Sign in with Apple or Google Sign-In, you may link your Account with such Third-Party Account, as permitted under the applicable terms that govern your use of that Third-Party Account. You represent that you are entitled to grant UNSHAKABLE access to your Third-Party Account for the purposes described herein without breach of any terms governing that account and without obligating UNSHAKABLE to pay any fees. By granting UNSHAKABLE access, you understand that UNSHAKABLE may access and store identifying information, such as your name and e-mail address, so that it is available on and through UNSHAKABLE Properties via your Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND UNSHAKABLE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
4.3 Registration Data; Eligibility. In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old, (ii) of legal age to form a binding contract in your place of residence, and (iii) not a person barred from using UNSHAKABLE Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. The Services are intended for adults and are not directed to children. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (y) notify UNSHAKABLE immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or UNSHAKABLE has reasonable grounds to suspect the same, UNSHAKABLE has the right to suspend or terminate your Account and refuse any and all current or future use of UNSHAKABLE Properties. You agree not to create an Account using a false identity or on behalf of someone other than yourself, and not to maintain more than one Account at any given time. UNSHAKABLE reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use UNSHAKABLE Properties if you have been previously removed or banned by UNSHAKABLE.
4.4 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of UNSHAKABLE. UNSHAKABLE reserves the right to terminate your Account if it has been inactive (i.e., you have not logged into your Account) for one hundred eighty (180) days, and in such event you shall not be entitled to any consideration for such termination.
4.5 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to UNSHAKABLE Properties, including a mobile device suitable to connect with and use UNSHAKABLE Properties. You are solely responsible for any fees, including Internet connection or mobile data fees, that you incur when accessing UNSHAKABLE Properties.
4.6 Notifications. The Application may send push notifications, such as check-in reminders and streak reminders. You may disable push notifications at any time in your device settings. Certain transactional, security, and legal messages are not optional and are described in the Privacy Policy.
## 5. Subscriptions, Billing, and Trials
5.1 Paid Features. Certain features of the Services require a paid subscription (a "Subscription"). Features available at each tier, and any usage limits applicable to them, are described in the Application and may change over time.
5.2 How You Are Billed. Subscriptions are sold and billed either (a) as an in-app purchase through the Apple App Store or Google Play, subject to that store's terms, or (b) through our web checkout provider, depending on your storefront. In each case the applicable payment processor — not Unshakable — handles your payment method and payment card details.
5.3 Automatic Renewal. SUBSCRIPTIONS RENEW AUTOMATICALLY at the then-current price for the applicable period until cancelled. Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period unless you cancel beforehand.
5.4 Cancellation. You may cancel a Subscription at any time. For in-app purchases, cancel through your Apple or Google account settings; deleting the Application or your Unshakable Account does not by itself cancel a Subscription, and you must cancel separately to avoid further charges. For web-billed Subscriptions, cancel through the subscription management link provided by our checkout provider or by contacting us. Cancellation takes effect at the end of the then-current billing period, and you retain access until then.
5.5 Free Trials and Promotions. We may offer free trials or promotional pricing. Unless you cancel before the trial or promotional period ends, the Subscription converts automatically to a paid Subscription at the then-current price. Eligibility for trials and promotions is determined by us and may be limited to one per user or device.
5.6 Refunds. Except where required by applicable law, all payments are final and non-refundable, and there are no refunds or credits for partially used periods. Refund requests for purchases made through an app store are governed and handled solely by that app store.
5.7 Price Changes. We may change Subscription prices. Price changes take effect at the start of the next billing period following notice to you, and you may cancel before they take effect.
5.8 Taxes. Prices may exclude applicable sales, use, value-added, or similar taxes. If UNSHAKABLE determines it has a legal obligation to collect such taxes from you, UNSHAKABLE shall collect them in addition to the applicable fees. If any payments under the Agreement are subject to such taxes in any jurisdiction and you have not remitted them to UNSHAKABLE, you will be responsible for their payment and any related penalties or interest to the relevant tax authority, and you will indemnify, defend and hold harmless UNSHAKABLE for all liability and expense it may incur in connection therewith.
## 6. Your Content and Responsibility for Content
6.1 Types of Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that you, and not UNSHAKABLE, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through UNSHAKABLE Properties ("Your Content"), including check-ins, journal and workbook entries, and messages you send to Coach CHELSKO.
6.2 Your Content Is Private by Default. Unshakable is not a public publishing platform. Your Content is stored in your Account and is not published to other users. We access Your Content only as needed to operate, secure, support, and improve the Services, and as described in the Privacy Policy or as required by law.
6.3 Content Ownership. First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to UNSHAKABLE remains yours and is protected by copyright and any other applicable intellectual property laws. UNSHAKABLE does not claim ownership of Your Content.
6.4 Limited License to Us. In order to operate the Services for you, you grant UNSHAKABLE a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, adapt, and process Your Content solely for the purposes of providing, securing, supporting, and improving the Services for you, including transmitting the relevant portions of Your Content to our service providers (such as our hosting, database, and AI providers) so that they can perform those functions on our behalf. You understand and agree that we may need to make technical changes to Your Content to conform and adapt it to the requirements of networks, devices, services, or media, and this license includes the rights to do so. This license terminates when you delete the applicable content or your Account, subject to reasonable backup retention periods described in the Privacy Policy. This is a license only — your ownership in Your Content is not affected.
6.5 No Public Promotional Use Without Consent. We will not publish Your Content publicly, use it in marketing or promotional materials, or make it available to other users without your express, separate permission.
6.6 Representations. You represent and warrant that you own or otherwise control all rights in Your Content, and that Your Content does not violate the Agreement or any applicable law, and does not infringe or misappropriate the rights of any third party.
6.7 No Obligation to Pre-Screen. You acknowledge that UNSHAKABLE has no obligation to pre-screen content, although UNSHAKABLE reserves the right in its sole and absolute discretion to screen, refuse or remove any content that violates the Agreement or is otherwise objectionable, including through automated safety systems applied to AI interactions.
6.8 Storage. UNSHAKABLE has no obligation to store Your Content indefinitely and has no responsibility or liability for the deletion or accuracy of any content, or for the failure to store, transmit or receive transmission of content. You agree that UNSHAKABLE retains the right to create reasonable limits on its use and storage of content, such as limits on file size, storage space, processing capacity, and similar limits determined by UNSHAKABLE in its sole discretion. You are responsible for maintaining your own copies of anything you wish to preserve.
6.9 UNSHAKABLE Properties. Except with respect to Your Content, you agree that UNSHAKABLE and its suppliers own all rights, title and interest in UNSHAKABLE Properties, including the Unshakable software, audio and video sessions, programs, workbooks, prompts, and all text, graphics, and design contained therein. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any UNSHAKABLE Property.
6.10 Trademarks. UNSHAKABLE's name and all related graphics, logos, service marks and trade names used on or in connection with any UNSHAKABLE Property are the trademarks of UNSHAKABLE and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in UNSHAKABLE Properties are the property of their respective owners.
6.11 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to UNSHAKABLE ("Feedback") is at your own risk and that UNSHAKABLE has no obligations (including obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to UNSHAKABLE a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit any and all Feedback in connection with the operation and maintenance of UNSHAKABLE Properties and/or UNSHAKABLE's business.
## 7. Acceptable Use
In connection with your use of UNSHAKABLE Properties, you shall not:
- Make Available any content that, in UNSHAKABLE's sole and absolute discretion is determined to be (i) unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) a violation of, or an encouragement of conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) a promotion of discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) violent or threatening; or (v) a promotion of illegal or harmful activities, including self-harm or suicide;
- Harm minors in any way;
- Impersonate any person or entity, including UNSHAKABLE personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make Available any content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships;
- Make Available any content that infringes the rights of any person or entity, including any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Publish or post other people's private information (such as a personal phone number or home address) without their express authorization and permission, threaten to expose private information, or incentivize others to do so;
- Make Available sexually exploitative content, including descriptions of sexual acts for the sole purpose of sexual gratification;
- Use the Services to provide medical, psychological, or other professional services to third parties, or to substitute for the professional judgment you owe to any person in your care;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Register for more than one Account or register for an Account on behalf of an individual other than yourself; or
- Advocate, encourage or assist any third party in doing any of the foregoing.
7.1 Cheating, Hacking, and Interference. You agree that you will not at any time, under any circumstances: use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any UNSHAKABLE Properties, including to manipulate experience points, streaks, levels, quotas, or other progress or entitlement mechanics; interfere with or damage UNSHAKABLE Properties, including through the use of viruses, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, or similar methods or technology; modify or cause to be modified any files that are part of UNSHAKABLE Properties; disrupt or overburden any computer or server used to offer or support UNSHAKABLE Properties; attempt to gain unauthorized access to UNSHAKABLE Properties, accounts registered to others, or the computers, servers or networks connected to UNSHAKABLE Properties by any means other than the user interface provided by UNSHAKABLE; access, tamper with or use non-public areas of UNSHAKABLE Properties or UNSHAKABLE's computer systems; probe, scan, or test the vulnerability of any UNSHAKABLE system or network, or breach any security or authentication measures; or avoid, bypass, remove, deactivate, copy, scramble, impair, descramble, or otherwise circumvent any technological measure implemented by UNSHAKABLE or any of its providers.
7.2 Commercial Activities. You agree that you will not (except to the extent expressly authorized by the Agreement): reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of UNSHAKABLE Properties (including your Account); upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes"; use UNSHAKABLE Properties for any commercial purpose; or market any goods or services for any business purposes on or in connection with any UNSHAKABLE Properties.
7.3 Unauthorized Use or Access. You agree that you will not: interfere or attempt to interfere with the proper functioning of UNSHAKABLE Properties or connect to or use them in any way not expressly permitted by the Agreement; systematically retrieve data or other content from UNSHAKABLE Properties to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, or to train any machine learning or artificial intelligence model; use, display, mirror or frame UNSHAKABLE Properties, UNSHAKABLE's name, any UNSHAKABLE trademark or logo, or the layout and design of any page, without UNSHAKABLE's express written consent; use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through UNSHAKABLE Properties; intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or UNSHAKABLE Properties; make any automated use of UNSHAKABLE Properties, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure for UNSHAKABLE Properties; bypass any robot exclusion headers or other measures UNSHAKABLE takes to restrict access; reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code, prompts, or model parameters for any underlying software or other intellectual property used to provide UNSHAKABLE Properties; forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through UNSHAKABLE Properties; solicit or attempt to solicit personal information from other Registered Users; or upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
## 8. Investigations
UNSHAKABLE may, but is not obligated to, monitor or review UNSHAKABLE Properties and content at any time. Without limiting the foregoing, UNSHAKABLE shall have the right, in its sole discretion, to remove any of Your Content for any reason, including if such content violates the Agreement or any applicable law. Although UNSHAKABLE does not generally monitor user activity, if UNSHAKABLE becomes aware of any possible violations by you of any provision of the Agreement, UNSHAKABLE reserves the right to investigate such violations, and UNSHAKABLE may, at its sole and absolute discretion, immediately terminate your license to use UNSHAKABLE Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
## 9. Third-Party Services and Fees
9.1 Third-Party Websites, Applications and Ads. UNSHAKABLE Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on such a link, we will not warn you that you have left UNSHAKABLE Properties and are subject to the terms and conditions (including privacy policies) of another destination. Such Third-Party Websites and Third-Party Applications are not under the control of UNSHAKABLE, and UNSHAKABLE is not responsible for them. UNSHAKABLE provides them only as a convenience and does not endorse, review, approve, monitor, warrant, or make any representations with respect to them, or any product or service provided in connection therewith. You use all such links at your own risk.
9.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an "App Store"). You acknowledge that the Agreement is between you and UNSHAKABLE and not with an App Store. UNSHAKABLE, not an App Store, is solely responsible for UNSHAKABLE Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., legal compliance, product liability, or intellectual property infringement). In order to access the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store. You acknowledge that an App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
## 10. Indemnification
You agree to indemnify, defend and hold UNSHAKABLE, its parents, subsidiaries, affiliates, stockholders, officers, employees, agents, lawyers, partners, suppliers, and licensors (each, an "UNSHAKABLE Party" and collectively, the "UNSHAKABLE Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees and expert witnesses' costs) relating to or arising out of any and all of the following: (a) Your Content, including any lawsuit, claim or action by any third party alleging that Your Content infringes any rights, including intellectual property, copyright and privacy rights; (b) any lawsuit, claim or action relating to your use of our Services brought against any UNSHAKABLE Party; (c) your use of, or inability to use, any UNSHAKABLE Property; (d) your violation of the Agreement; (e) your violation of any rights of another party; or (f) your violation of any applicable laws, rules or regulations. UNSHAKABLE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UNSHAKABLE in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to UNSHAKABLE Properties.
## 11. Disclaimer of Warranties and Conditions
11.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF UNSHAKABLE PROPERTIES IS AT YOUR SOLE RISK, AND UNSHAKABLE PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. UNSHAKABLE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 UNSHAKABLE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) UNSHAKABLE PROPERTIES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF UNSHAKABLE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF UNSHAKABLE PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) THE SERVICES WILL IMPROVE YOUR EMOTIONAL, PSYCHOLOGICAL, OR PHYSICAL WELL-BEING.
11.3 AI Output. WITHOUT LIMITING THE FOREGOING, UNSHAKABLE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION AS TO THE ACCURACY, COMPLETENESS, SUITABILITY, OR SAFETY OF ANY OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE FEATURES, INCLUDING COACH CHELSKO.
11.4 ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH UNSHAKABLE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS UNSHAKABLE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
11.5 THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNSHAKABLE OR THROUGH UNSHAKABLE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11.6 Beta Features. From time to time, UNSHAKABLE may offer new "beta" features or tools with which its registered users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at UNSHAKABLE's sole and absolute discretion. The provisions of this section apply with full force to such features or tools.
11.7 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT UNSHAKABLE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD UNSHAKABLE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
## 12. Limitation of Liability
12.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL UNSHAKABLE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT UNSHAKABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE UNSHAKABLE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON UNSHAKABLE PROPERTIES; (5) ANY OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE FEATURES OR ANY ACTION YOU TAKE IN RELIANCE ON IT; OR (6) ANY OTHER MATTER RELATED TO UNSHAKABLE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN UNSHAKABLE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN UNSHAKABLE PARTY'S GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN UNSHAKABLE PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL UNSHAKABLE PARTIES BE LIABLE TO YOU (INCLUDING ALL LEGAL AND COLLECTION FEES AND COSTS) FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO UNSHAKABLE BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) ONE HUNDRED DOLLARS ($100), AND (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN UNSHAKABLE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN UNSHAKABLE PARTY'S GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN UNSHAKABLE PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.3 User Content. EXCEPT FOR UNSHAKABLE'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE PRIVACY POLICY, UNSHAKABLE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS AND/OR PERSONALIZATION SETTINGS.
12.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UNSHAKABLE AND YOU.
12.5 Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
## 13. Copyright Policy
13.1 DMCA. UNSHAKABLE has adopted a policy toward copyright infringement in accordance with the United States Digital Millennium Copyright Act (the "DMCA"). While our policy is based on US law, we apply this same policy globally to all jurisdictions in which our Services are available. UNSHAKABLE reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. It is UNSHAKABLE's policy to terminate the Account of any Registered User who repeatedly infringes copyright.
13.2 Notice Procedure. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location within UNSHAKABLE Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for UNSHAKABLE's Copyright Agent is: Unshakable, Inc., Attn: Copyright Agent, 31212 Bailard Rd, Malibu, CA 90265; [email protected].
## 14. Violations and Breach
14.1 Violations. If UNSHAKABLE becomes aware of any possible violations by you of the Agreement, UNSHAKABLE reserves the right to investigate such violations. If, as a result of the investigation, UNSHAKABLE believes that criminal activity has occurred, UNSHAKABLE reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. UNSHAKABLE is entitled, except to the extent prohibited by applicable law, to disclose any information or materials in its possession in connection with your use of UNSHAKABLE Properties to (a) comply with applicable laws, legal process or governmental request; (b) enforce the terms; (c) respond to any claims that Your Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of UNSHAKABLE, its users or the public.
14.2 Breach. In the event that UNSHAKABLE determines, in its sole and absolute discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for UNSHAKABLE Properties, UNSHAKABLE reserves the right to: warn you via e-mail that you have violated the Agreement; delete any of Your Content; discontinue your registration with any of UNSHAKABLE Properties; discontinue your subscription to any Services; notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or pursue any other action which UNSHAKABLE deems to be appropriate.
## 15. Term and Termination
15.1 Term. The Agreement commences on the date when you accept it (as described above) and remains in full force and effect while you use UNSHAKABLE Properties, unless terminated earlier in accordance with the Agreement, while certain provisions owed to UNSHAKABLE as stipulated herein shall survive such termination or expiry.
15.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used UNSHAKABLE Properties or (b) the date you accepted the Agreement.
15.3 Termination by You. If you want to terminate the Services provided by UNSHAKABLE, you may do so by deleting your Account from the Account screen in the Application, or by notifying UNSHAKABLE at [email protected]. Deleting your Account does not cancel a Subscription purchased through an App Store; see Section 5.4.
15.4 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and content associated with or inside your Account, including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content from our live databases. UNSHAKABLE will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive shall survive termination of Services, including ownership provisions, indemnification, warranty disclaimers, and limitation of liability.
15.5 No Subsequent Registration. If your ability to access UNSHAKABLE Properties is discontinued by UNSHAKABLE due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access UNSHAKABLE Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive any consideration related to those UNSHAKABLE Properties to which your access has been terminated.
## 16. International Users
UNSHAKABLE Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that UNSHAKABLE intends to offer such Services or content in your country. UNSHAKABLE Properties are controlled and offered by UNSHAKABLE from its facilities in the United States of America. UNSHAKABLE makes no representations that UNSHAKABLE Properties are appropriate or available for use in other locations. Those who access or use UNSHAKABLE Properties from other countries do so at their own volition and are responsible for compliance with local law.
## 17. Dispute Resolution
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with UNSHAKABLE and limits the manner in which you can seek relief from us.
17.1 Applicability. You agree that any dispute or claim relating in any way to your access or use of the Services, or to any aspect of your relationship with UNSHAKABLE, will be resolved by binding arbitration, rather than in court, except that UNSHAKABLE may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
17.2 Arbitration Rules and Jurisdiction. All disputes arising out of or in connection with the present Agreement, including any question regarding its existence, validity or termination, shall be finally settled under the Rules of Arbitration in Los Angeles County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you agree to waive your rights to seek or actually institute an action in a court of proper jurisdiction for injunctive or other equitable relief and agree to limit all recourse you may seek to monetary damages at law. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles County, California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and outside attorneys' fees.
17.3 Waiver of Jury Trial. YOU AND UNSHAKABLE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and UNSHAKABLE are instead electing that all claims and disputes shall be resolved by arbitration under this Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
17.4 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of California. All other claims shall be arbitrated.
17.5 30-Day Right to Opt Out. You have the right to opt out of the provisions of this arbitration provision by sending written notice of your decision to opt out to [email protected], or to Unshakable, Inc., 31212 Bailard Rd, Malibu, CA 90265, within 30 days after first becoming subject to this Agreement. Your notice must include your name and address, the email address you used to set up your Unshakable Account, and an unequivocal statement that you want to opt out of this arbitration provision. If you opt out of this arbitration provision, all other parts of this Agreement will continue to apply to you.
17.6 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
17.7 Survival. This Arbitration Agreement will survive the termination of your relationship with UNSHAKABLE.
17.8 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if UNSHAKABLE makes any future material change to this Arbitration Agreement, you may reject IN WRITING that change within thirty (30) days of such change becoming effective by writing UNSHAKABLE at: Unshakable, Inc., 31212 Bailard Rd, Malibu, CA 90265.
## 18. General Provisions
18.1 Electronic Communications. The communications between you and UNSHAKABLE may take place via electronic means, whether you visit UNSHAKABLE Properties or send UNSHAKABLE e-mails, or whether UNSHAKABLE posts notices on UNSHAKABLE Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from UNSHAKABLE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UNSHAKABLE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
18.2 Release. You hereby release UNSHAKABLE Parties and their successors and assigns from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of UNSHAKABLE Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an UNSHAKABLE Party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
18.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without UNSHAKABLE's prior written consent, to be withheld in its sole and absolute discretion, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be immediately deemed null and void ab initio. We may transfer, assign, or delegate the Agreement and our rights and obligations without consent.
18.4 Force Majeure. UNSHAKABLE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, epidemics, accidents, strikes, outages or failures of third-party service providers, or shortages of transportation facilities, fuel, energy, labor or materials.
18.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to UNSHAKABLE Properties, please contact us at [email protected]. We will do our best to address your concerns.
18.6 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate recourse in court, both you and UNSHAKABLE agree that all claims and disputes arising out of or relating to the Agreement will be held exclusively in Los Angeles County, California.
18.7 Governing Law and Jurisdiction. The Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Streamlined Arbitration Rules and Procedures of JAMS then in effect, without giving effect to any principles that provide for the application of the law of another jurisdiction.
18.8 Choice of Language. This Agreement, and any contract between us, are only in the English language.
18.9 Notice. Where UNSHAKABLE requires that you provide an e-mail address, you are responsible for providing UNSHAKABLE with your most current e-mail address. In the event that the last e-mail address you provided to UNSHAKABLE is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Agreement, UNSHAKABLE's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to UNSHAKABLE at the following address: Unshakable, Inc., 31212 Bailard Rd, Malibu, CA 90265. Such notice shall be deemed given when received by UNSHAKABLE by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
18.10 Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.11 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18.12 Export Control. You may not use, export, import, or transfer UNSHAKABLE Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained UNSHAKABLE Properties, and any other applicable laws. In particular, UNSHAKABLE Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using UNSHAKABLE Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties.
18.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
18.14 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
18.15 No Agency. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of UNSHAKABLE and you do not have any authority of any kind to bind us in any respect whatsoever. There are no third-party beneficiaries intended under these Terms, except as expressly stated in Section 9.2.
## 19. International Provisions
The following provisions shall apply only if you are located in the countries listed below.
United Kingdom. A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
Germany. Notwithstanding anything to the contrary herein, UNSHAKABLE is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations by Unshakable (vertragswesentliche Pflichten).
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Contact: [email protected] · Unshakable, Inc., 31212 Bailard Rd, Malibu, CA 90265
End of Agreement