Terms of Use
Overview:
Welcome to Fundertainment. We are an online service, providing our members with access to motion pictures, television and other audio visual entertainment. You should read the terms of use and understand them as they govern your use of our service.
These Terms of Use provide that all disputes between you and Fundertainment will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Fundertainment.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. For your convenience, we've indexed the Terms of Use so as to help you more easily navigate and access areas of interest. We hope you enjoy your Fundertainment experience.
Please note that these Terms of Use include embedded hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Internet ready devices (for example, game consoles or Internet enabled televisions), you may need to visit the website to review these additional hyperlinked terms.
Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy govern your use of the Fundertainment service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the "Fundertainment service" or "service"). By using, visiting, or browsing the Fundertainment service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Fundertainment service, including our website and user interfaces.
These Terms of Use govern your use of the Fundertainment service and you should read them carefully.
Changes to Terms of Use
Fundertainment reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Fundertainment website. The most current version of the Terms of Use will supersede all previous versions.
Privacy and Communications Preferences
Any personally identifying information submitted through the Fundertainment service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, Fundertainment may send you newsletters about new Fundertainment features, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.
By using the Fundertainment service, you consent to receiving electronic communications from Fundertainment. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Fundertainment and you receive them as part of the Fundertainment membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Membership
Every school year the school and student must renew their membership to be a continued participant in the program. Any student or school not re-registered will expire out of the system. This will ensure orders are not placed to students who are no longer attending the school.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Features & Functionality
The member who created the Fundertainment school account is referred to here as the Account Owner. The Account Owner has access and control over the Fundertainment account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.
BY SHARING THE FUNDERTAINMENT SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT SCHOOL MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE SCHOOL MEMBERS.
An Account Owner is the representative from the school who signs the school on board for the Fundertainment program and is also responsible for renewing membership yearly. The Account Owner will determine the maturity level of movies & TV shows available for purchase to customers wishing to buy movies from the school’s page at the time they sign their school on board. Account Owners can change the maturity level available to their school by changing the Title Package on their admin page on the Fundertainment site. If you have set a maturity restriction on your internet ready device, that setting does not apply to the Fundertainment service.
Please note: students selling products through their school will have passwords and access of their own. However, the Fundertainment service is not intended to be used by students without involvement, supervision, and approval of a parent or legal guardian. Therefore, parents will be given a login initially and will then be required to add their children into the system under said parent/guardian’s account and will be able to set parental permissions at this time. If you have set a maturity restriction on your internet ready device, that setting does not apply to the Fundertainment service.
Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Fundertainment service. These Applications may import data related to your Fundertainment account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Fundertainment is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY FUNDERTAINMENT AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Fundertainment trademarks. Unless otherwise noted by Fundertainment on the Fundertainment website, Fundertainment is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Fundertainment account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Fundertainment account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Fundertainment has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Fundertainment harmless for the sharing of information relating to your Fundertainment account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Fundertainment account information with, through or by any other means identified on an Application. In addition, the Application's terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your Fundertainment account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Fundertainment, unless otherwise indicated by Fundertainment. FUNDERTAINMENT DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Fundertainment service, Fundertainment implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Fundertainment service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your internet ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a internet ready device, you should logout and/or deactivate the device before doing so. Similarly, if your internet ready device is lost or stolen, please deactivate the internet ready device. If you fail to log out or deactivate your device, subsequent users may access the Fundertainment service through your account and may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves a Fundertainment account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Fundertainment website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Fundertainment reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
Disclaimers of Warranties and Limitations on Liability
THE FUNDERTAINMENT SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FUNDERTAINMENT SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE FUNDERTAINMENT SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. FUNDERTAINMENT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FUNDERTAINMENT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FUNDERTAINMENT MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE FUNDERTAINMENT SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. FUNDERTAINMENT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, INTERNET READY DEVICES, AND FUNDERTAINMENT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Fundertainment service or on the Fundertainment website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Fundertainment service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Fundertainment website, user interfaces, or otherwise through the Fundertainment service; and (vii) any losses or damages arising from the use of the content provided on the Fundertainment website, user interfaces, or otherwise through the Fundertainment service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Fundertainment service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies & TV shows from the Fundertainment service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Fundertainment service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Fundertainment or its affiliated parties.
IN NO EVENT SHALL FUNDERTAINMENT, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE FUNDERTAINMENT SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE FUNDERTAINMENT SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE FUNDERTAINMENT SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
FUNDERTAINMENT MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING INTERNET READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.
Intellectual Property
The Fundertainment service, including all content included on the Fundertainment website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies & TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Fundertainment or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Fundertainment on our website and user interfaces, or in connection with the Fundertainment service are the exclusive property of Fundertainment and its licensors and are protected by the copyright and trade secret laws in the territories in which the Fundertainment service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Fundertainment or its licensors. You agree to adhere to the restrictions set forth under "Fundertainment streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Fundertainment service, not to insert any code or product or manipulate the content of the Fundertainment service in any way, and not to use any data mining, data gathering or extraction method. Fundertainment reserves the right to terminate your membership hereunder if Fundertainment, in its sole and absolute discretion, believes that you are in violation of Fundertainment software restrictions, restrictions against copying movies & TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Fundertainment and its licensors. Fundertainment does not promote, foster or condone the copying of movies & TV shows or any other infringing activity. The use of the Fundertainment service, including movies & TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Fundertainment service, including any on the Fundertainment website and user interfaces.
Fundertainment is a registered trademark of Fundertainment. The Fundertainment logo, Fundertainment.com. The Fundertainment website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Fundertainment, Inc. The trademarks, service marks and trade dress of Fundertainment may not be used or reproduced without prior written approval from Fundertainment and may not be used in connection with any product or service that is not affiliated with Fundertainment, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Fundertainment, or in any manner that disparages or discredits Fundertainment. Other trademarks that appear on the Fundertainment website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fundertainment. Any images of persons or personalities contained on the Fundertainment website and user interfaces are not an indication or endorsement of Fundertainment or any particular product or our service unless otherwise indicated.
Entertainment and Service Content
We distribute movies, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Fundertainment service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Fundertainment service are those of the respective authors or producers and not of Fundertainment, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Fundertainment, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Fundertainment service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Fundertainment service.
Use of Information Submitted
Fundertainment is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Fundertainment service, including the Fundertainment website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Fundertainment service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Fundertainment does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Fundertainment. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Fundertainment and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies & TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance with your account, you may contact a customer service representative at 818-245-6500.
Your Conduct in Accessing the Fundertainment Service
By accessing the Fundertainment service, including the Fundertainment website and user interfaces, you agree to use the Fundertainment service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Fundertainment service. You also agree not to interfere with the servers or networks connected to any portions of the Fundertainment service or to violate any of the procedures, policies or regulations of networks connected to the Fundertainment service. You also agree not to impersonate any other person while using the Fundertainment service, conduct yourself in a vulgar or offensive manner while using the Fundertainment service, or use the Fundertainment service for any unlawful purpose.
Limitations on Use
Individuals under the age of 18 may utilize the service, but they may do so only with the involvement of a parent or legal guardian. While Fundertainment does distribute products that may be watched by children, the Fundertainment service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also "Maturity Level Controls"). Fundertainment does not promote, foster or condone the copying of movies & TV Shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Fundertainment service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fundertainment without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the Fundertainment name or trademarks without our express written consent. Any unauthorized use of the Fundertainment service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the Fundertainment website may lead to other websites or other content that are not controlled by, or affiliated with, Fundertainment. In addition, other websites may link to the Fundertainment website or Fundertainment may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Fundertainment may include pages that display and provide information on Applications, or other products. These pages may provide links to third party sites where Fundertainment members may obtain or purchase such Applications and devices. Fundertainment has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Fundertainment is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms of use of use. You should also refer to the section of these terms titled "Applications" and "How Our Streaming Service Works."
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement
You and Fundertainment agree that any dispute, claim or controversy arising out of or relating in any way to the Fundertainment service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Fundertainment are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Fundertainment membership.
If you elect to seek arbitration, you must first send to Fundertainment, by certified mail, a written Notice of your claim ("Notice"). The Notice to Fundertainment should be addressed to: General Counsel, Fundertainment, Inc., 700 N. Brand Boulevard, Suite 580, Glendale, CA 91203 ("Notice Address"). If Fundertainment elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Fundertainment, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Fundertainment and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fundertainment may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Fundertainment or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Fundertainment and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Fundertainment’s last written settlement offer made before an arbitrator was selected (or if Fundertainment did not make a settlement offer before an arbitrator was selected), then Fundertainment will pay you the amount of the award or US1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND FUNDERTAINMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fundertainment agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may 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.