terms

THESE TERMS OF USE (THE “TERMS OF USE”) PROVIDED BY TANGLED LLC (“TANGLED”) CONTAIN THE LEGALLY BINDING TERMS AND CONDITIONS THAT YOU AGREE TO IN CONNECTION WITH YOUR USE OF THE TANGLED WEB BROWSER AND/OR WWW.TANGLED.COM WEBSITE. THESE TERMS OF USE ALSO GOVERN YOUR USE OF ANY OTHER SERVICE THAT YOU USE OR ACCESS IN CONNECTION WITH THE TANGLED WEB BROWSER. IN THESE TERMS OF USE, THE WORD “SERVICE” INCLUDES ALL OF THE FOLLOWING: 1) THE TANGLED WEB BROWSER; 2) ANY FEATURES OF THE TANGLED WEB BROWSER; 3) THE OPERATION OF ANY MILLIX NODE; 4) ANY DIGITAL CURRENCY WALLET AVAILABLE THROUGH THE SERVICE; 5) THE TANGLED SOCIAL MEDIA NETWORK SERVICE; 6) THE TANGLED SEARCH NETWORK; 7) THE TANGLED ADVERTISING NETWORK; 8) ANY WEBSITE ASSOCIATED WITH THE TANGLED WEB BROWSER, INCLUDING WWW.TANGLED.COM; 9) ANY SOFTWARE APPLICATIONS OFFERED BY TANGLED AS PART OF THE TANGLED WEB BROWSER OR THE SERVICE; AND 10) ANY RELATED SERVICES OR CONTENT PROVIDED BY TANGLED IN CONNECTION WITH THE TANGLED WEB BROWSER. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE WITHOUT MODIFICATION.

Some Services May have Additional Terms and Conditions.

Some services offered to you through the Service may be subject to additional terms and conditions provided by Tangled from time to time. Your use of such services is subject to those additional terms and conditions which are made part of these Terms of Use.

Modifications to the Terms of Use

You are responsible to check the Terms of Use from time to time for changes. Tangled may change the Terms of Use at any time and for any reason. A notice of changes to the Terms of Use may be posted on the Tangled Web Browser or communicated to you via email or through other methods of communication. Your continued use of the Service after any such changes to the Terms of Use will mean that you accept the changes.

Submissions

You agree to provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. Other than information addressed under our Online Privacy Policy, any and all comments, suggestions, ideas, graphics, video, audio, text, files or other information that you transmit or post to the Site becomes and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Except as may be provided in the Online Privacy Policy, any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

Right to Discontinue the Service

Tangled may refuse the Service to anyone, may place limits on the Service, may restrict access to the Service, and may change any requirements to access to the Service at any time in its own discretion. Tangled may also discontinue or change the Service, or any portion of it, at any time as Tangled determines. Tangled shall not be liable for any such limitations or changes, and Tangled has no obligation to provide notice of such limitations or changes.

Use of the Service Prohibited where Prohibited by Law

If your use of the Service is prohibited by law, your right to access the Service is revoked, and you agree not to use the Service and to permanently delete all copies of the Tangled Web Browser.

Privacy Polices

You may review how Tangled treats your personally identifiable information, at its privacy policy here: tangled.com/privacy.php.

Third Party Services and Links

The Service may make available materials, links, information, products and services provided by third parties (collectively, the "Third Party Content"). The Third Party Content may be governed by separate agreements or terms and conditions. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Content. You agree that you will not hold us responsible or liable with respect to the Third Party Content or seek to do so.

License to You

Portions of the software code for the Service may be available for use under open source licenses. You can find such software here: [insert applicable url or github link] (the “Open Source Software”). The open source licenses for the Open Source Software govern your use of the Open Source Software. For any other software used in connection with the Tangle Browser, provided you comply with all the Terms of Use and subject to the below limitations, Tangled grants you a non-exclusive, personal license to install and use the Tangled Web Browser in its executable code version.

Except for the rights specifically granted in these Terms of Use, Tangled is the sole owner of the Service, and as between you and Tangled, Tangled retains all intellectual property rights in the Service.

Your License to Tangled

All user-supplied content, information, materials, files, media streams, communications, documents, text and images, including information submitted by you in connection with your use of the Service, are referred to collectively as "User Content." You grant to a royalty free, perpetual, irrevocable, worldwide, transferable, fully sublicensable, non-exclusive, unlimited license to copy, sell, distribute, modify, display, perform and use your User Content for any purpose in connection with the Service provided to you or others. You agree that all of your User Content may be transferred without restriction to any person or entity who acquires Tangled or any of its assets.

You understand and agree that you are entirely responsible for the content of, and any harm resulting from, your User Content. With respect to your User Content, you represent, warrant and agree that:

The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party.
Your User Content does not contain any viruses, malicious code or other harmful or destructive content.
Your User Content does not violate any applicable law or regulation and is not obscene, defamatory, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, and does not violate the privacy or publicity rights of any third party.
Your User Content does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors.
Your User Content does not violate any applicable law designed to regulate electronic advertising.
Your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Service.
Your User Content does not inundate the Service with communications or other traffic suggesting no serious intent to use the Service for its stated purpose.
Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Authorization for Millix Node

Millix is a digital currency that users can use in connection with the Service. Transactions using Millix are confirmed through a decentralized network of nodes. When you download or use the Service, you understand that you are also downloading a Millix node (“Node”) on any computer or device that you use to access the Service. You understand and agree that the Node may operate in the background of the Service and that the Node will use some of your computer or device bandwidth and memory. You consent to such usage and agree that Tangled will have no liability to you for such usage.

Tangled Search Network

When you download the Tangled Web Browser the Node that is downloaded to your computer or device may participate in the Tangled Search Network (the “Search Network”. The Search Network is a decentralized search engine where content is stored and retrieved from your and other users’ computers rather than from a centralized source. If you participate in the Search Network, your Node will crawl content from the internet and store such content in a local database on your computer or device. The Search Network will retrieve from your computer or device search results based on such crawls and the resulting database housed on your computer or device. Internet content that your Node may crawl is not controlled by Tangled and some content that your Node may crawl on the internet may contain sensitive and unsavory content or content that is obscene or otherwise unlawful. The crawl results stored on your computer or device are not encrypted and you should not participate in active crawls if your computers or devices are located in a jurisdiction where you could face legal consequences for storing or accessing such information on your computer or device. Though you can configure crawl filters to attempt to avoid sensitive, obscene or unlawful content, such filters may not filter out all such content. YOU AGREE TO BEAR ALL RISKS ASSOCIATED WITH ANY CONTENT STORED ON YOUR COMPUTER AS A RESULT OF CRAWLS THROUGH YOUR NODE AND YOU FURTHER AGREE THAT TANGLED WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY CONTENT STORED ON YOUR COMPUTER RESULTING FROM SUCH CRAWLS. For more information about how the Search Network works, click here: https://tangled.com/search-overview.html. For more information about how the Tangled Web Browser works, click here: https://tangled.com/browser-overview.html.

Millix Wallet

The Service includes a millix digital currency wallet (the “Wallet”). You may earn millix verifying millix transactions through the Node, participating in the Search Network, participating in Tangled social media, viewing advertisements, and taking other actions within the Service. The millix you receive is deposited in the Wallet contained within the Tangled Browser or within your account on Tangled.com. You may pay millix and others may pay you millix through the Wallet(s). You can access your millix balance and transaction information through the Wallet(s). As the Wallet(s) contained within the Tangled Browser is downloaded on your device, Tangled has no access to your Wallet(s) or the Wallet(s) of any other user, and Tangled cannot make changes to your Wallet(s).

Transactions Using Millix

You understand that Millix is a decentralized digital currency and that Tangled does not control, facilitate, or have knowledge of any Millix transactions you may enter. Any activity or transaction that you make using Millix or the Wallet You agree that we have no obligation to verify user Wallets or Wallet addresses. This means that you are responsible for ensuring that a Wallet address belongs to the individual or entity claimed to be the owner of the Wallet. You agree that Tangled has no responsibility and makes no representations whatsoever with respect to any Wallet ownership.

YOU AGREE THAT TANGLED HAS NO OBLIGATION TO SCREEN USERS OF THE SERVICE OR ANY WALLETS AND CANNOT VERIFY THE IDENTITY OF ANY USER OR WALLET OWNER. ANY DEALINGS OR INTERACTIONS YOU MAY HAVE WITH OTHER USERS OF THE SERVICE OR WALLETS ARE AT YOUR OWN RISK. TANGLED IS NOT RESPONSIBLE FOR ANY HARM CAUSED TO YOU BY VIRTUE OF YOUR INTERACTION OR DEALING WITH ANOTHER USER OR OTHERWISE BY VIRTUE OF YOUR USE OF THE SERVICES OR A WALLET.

Wallet Access and Lost Passwords.

If any person successfully logs in to your Wallet, they will have full access to your Wallet. If you cannot log in to your Wallet, and you cannot receive system generated communications regarding your Wallet or your password, we cannot assist you in gaining access to your Wallet and there is nothing further we can do to provide access to your Wallet. You agree that Tangled has no responsibility for any losses you incur as a result of your inability to access your Wallet due to stolen, lost or incorrect passwords.

Wallet Restrictions

In connection with your use of the Wallet and the Services, you agree as follows:

You will not at any time use or access a Wallet that is created by any other user.
Tangled cannot guarantee the identity of any user, sender, requester, receiver or any other party and you are solely responsible for any activity that occurs in connection with your Wallet.
You will keep your Wallet credentials secure at all times.
You will verify all transaction information before entering into any transaction through the Service as once the Transaction is submitted to the network, it cannot be cancelled.
You will immediately notify Tangled of any security breach or unauthorized use of the Service.
You will not conduct any transaction that violates applicable laws, regulations or these Terms of Use.
Tangled cannot cancel any transaction that has already been submitted to the network.
Tangled may provide to any governmental authority all information about your Wallet and your use of the Service in response to a subpoena, court order, or other governmental request.
millix associated with any pending transaction will not be available in your Wallet or available for any other transaction.
You will not use the Service or millix to purchase or sell any products or services that are restricted by any governmental authority or that are unlawful.
You will not use the Service to transmit spam email or unsolicited advertisements to others.
You will not use any information obtained from the Service or other users in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
Your account cannot be closed and information contained in your Wallet and in any transaction cannot be deleted.

You understand and agree that violation of these Terms of Use may result in assessment of penalty fees determined and enforced at the discretion of Tangled, the immediate cancelation and/or suspension of your Wallet, blocking your transactions, or the freezing of your Wallet immediately and without notice.

We Are Not a Currency Exchange

You understand and agree that the Service allows you to use a Wallet only to make and receive millix digital currency payments. In other words, you cannot use the Service to exchange digital currencies for fiat currencies issued by governments (e.g. US Dollars, Euros, etc.). We do not store or conduct transactions for any fiat currencies.

Account Verification

Unless we indicate on the Site that an Account user is verified, user Accounts are not verified. This means that you are responsible for ensuring that a page belongs to the individual or entity claimed to be the owner of the Account. In cases where the Site indicates an Account user is verified, information related to the verification is provided and publicly available. Information related to the verification may include links to other websites or indications of Domain Name Service ("DNS") entries created by the Account user. The Service takes no responsibility of the accuracy or timeliness of information related to the user Account verification. To help verify ownership of an Account, review the information provided used to verify the Account. Except where we expressly verify a user Account, we take no responsibility and make no representations whatsoever with respect to Account ownership.

Taxes

You are solely responsible to determine any taxes that may apply to you or any millix transactions you conduct through the Wallet or Service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

No Dividends, Interest or other Benefit Payments

You understand and agree no interest payments are made on amounts in your Wallet, and no other benefits derive from your being the custodian of private digital currency keys, such as dividends, "airdrops," forking currencies, or any other similar benefit.

Trademarks

All Tangled logos and trademarks are trademarks of Tangled. The above license granted to you in these Terms of Use does not grant you the right to use any trademarks, logos, or copyrighted materials that are part of the Service. You may not remove or alter any trademark, logo or copyrighted materials used in the Service. Any other trademarks or logos mentioned in connection with the Service are the property of their respective owners. The trademarks and logos available through the Service may not be used without the prior written consent of Tangled.

Conduct Requirements

You agree that you will not use the Service in any way that would be a violation of any applicable law or regulation. You agree that you will not use the Service in any way that violates these Terms of Use. You agree that you will not contribute, or allow anyone else to contribute, any content, including User Content, in connection with the Service that is a violation of any applicable law or regulation. You agree that you will not, directly or indirectly, use the Service, create User Content, or take action in any way that 1) violates the intellectual property rights of anyone else; 2) impersonates anyone else; 3) constitutes unsolicited advertising or spam or bulk email; 4) is threatening, abusive, fraudulent, defamatory, deceptive, or obscene; 5) seeks to circumvent any measures Tangled may use to restrict or prevent access to the Service; 6) contains viruses or similar computer codes, programs or files, or disrupts or interferes with the security of or that causes harm to the Service; or 7) interferes with or results in an unreasonably large burden on the Service.

Liability Disclaimer

You understand and agree that because the Service is decentralized, Tangled cannot control how the Service is used by others, and you acknowledge that others may attempt to misuse the service for unlawful, criminal or other fraudulent purposes, or that User Content generated by others may contain offensive, unlawful or fraudulent material. You understand that there may be errors in the code for the Service. In light of this, you agree that THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS, AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY USAGE OF TRADE OR COURSE OF PERFORMANCE. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. If you live in a location where warranty limitations are forbidden, some of these limitations may not apply to you.

Liability Limitation

IN NO EVENT SHALL TANGLED OR ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES, AFFILIATES OR SUCCESSORS, BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY, CONTRACT, OR TORT) WITH RESPECT TO THE SERVICE FOR 1) ANY LOST PROFITS, DATA LOSSES, COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; 2) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $350; OR 3) ANY RELIANCE BY YOU ON THE SERVICE. As some jurisdictions do not allow the limitation of incidental or consequential damages, the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Tangled and its affiliates, together with their members, employees, contractors, suppliers, representatives and successors from any and all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees and litigation expenses, that arise from or relate to 1) your violation of these Terms of Use; 2) your violation of any applicable law or regulation; and 3) your violation of any contract or other obligation. Where you have an obligation to provide indemnification to Tangled, Tangled reserves the right to control and to assume the exclusive defense of any such matter at your expense, and you agree to cooperate with Tangled in connection with any such matter.

Links To Other Websites

This Site and Services, from time to time, provides links to other websites that we think might be of interest to our users. Please note that when you click on one of these links, you may be moving to another provider's website. These linked sites and their providers are not controlled by us, and we are not responsible for the contents or the proper operation of any linked site. The inclusion of any link does not imply our endorsement. We encourage you to read the terms of use and privacy statements of these linked sites as their policies may differ from ours.

Sale of Products

You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites are subject to the terms and conditions of such other parties and their websites, and we shall have no liability or responsibility therefor.

Domestic Use: Export Restriction

We control the Service from our offices within the United States of America. We make no representation that the Service or its content (including, without limitation, any products or services available on or through the Service) are appropriate or available for use in other locations. Users who access the Service from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Service may be downloaded in violation of United States law.

Inactive Accounts
If we are unable to contact you or your Account is inactive for 12 months, you agree to pay us a dormant account fee of 1.9% of the value of your Account at the time it became dormant for each month that the account remains dormant, or such amount as may be allowed by applicable law.

Termination

Either you or Tangled may terminate the Services for any reason and at any time upon written notice. If you terminate, any fees paid by you in connection with the Service are non-refundable. Upon any termination, all rights and licenses granted to you in these Terms of Use shall immediately terminate. Nevertheless, all provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, limitations of liability, warranty disclaimers, indemnification.

Miscellaneous

The Terms of Use are the entire agreement between you and Tangled with respect to the Service, and they supersede and replace all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Tangled with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder. Tangled shall not be liable for any failure to perform its obligations hereunder due to any cause beyond its reasonable control. The Terms of Use are personal to you, and are not assignable or transferable by you except with Tangled’s prior written consent. Tangled may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

Tangled is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act ("DMCA") provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, it is Tangled’s policy to remove or block access to the allegedly infringing material. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice as provided by the DMCA. In any event, you agree that Tangled shall not be made a party to disputes over alleged copyright infringement.

If you are a copyright owner or an agent for one and believe that any content residing on or available through the Service to infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4) information reasonably sufficient to permit Tangled to contact you, such as an address, telephone number, and, if available, an electronic mail; 5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6) and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to [email protected]. Or you may physically mail it to Tangled LLC, 16192 Coastal Hwy, Lewes, Delaware 19958, USA.

If the content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user must send a counter-notice containing the following information: 1) a physical or electronic signature of the content provider or user; 2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3) a statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 4) content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Tangled is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Tangled, Tangled may send a copy of the counter-notice to the original complaining party informing them that Tangled may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 business days or more after receipt of the counter-notice, at Tangled’s discretion. You may send the counter-notice to [email protected]. Or you may physically mail it to Tangled LLC, 16192 Coastal Hwy, Lewes, Delaware 19958, USA.

Governing Law

These Terms of Use are governed in all respects by the laws of the state of Delaware, USA without regard to its conflict of laws provisions.

Arbitration and Waiver of Class Actions

All claims and disputes arising under or relating to these Terms of Use, the Services and the Wallet are to be settled solely and finally by binding arbitration rather than in court. However, you may pursue claims in small claims court to the extent your claims qualify.

By agreeing to arbitrate, you and Tangled understand and agree that disputes between you and Tangled us will not be decided by a jury and that you and Tangled may not have the right to have a court review the arbitration award or to appeal it.

The arbitration shall be conducted by the American Arbitration Association ("AAA") under the AAA rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. You may obtain copies of the AAA's rules and instructions on how to commence a claim at www.adr.org or by calling (800) 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If such fees you are required to pay would exceed the fees and costs you would incur in a court proceeding, Tangled will reimburse you for such fees to the extent they exceed the amounts you would be required to pay in court, unless the arbitrator determines your claims are frivolous. If Tangled prevails in the arbitration, we will not request attorneys' fees and costs from you in the arbitration unless the arbitrator determines that your claims are frivolous or unless they are otherwise allowed by applicable law.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the state you choose or at another mutually agreed location. The arbitration shall be conducted in English and the arbitrator shall follow these Terms of Use as a court would. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive relief and attorneys' fees when authorized by law. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in any court of competent jurisdiction.

In the event any party commences litigation in any state or federal court, or in any other court or location, the other party shall be entitled to payment of attorney's fees and costs in seeking to compel arbitration and such fees and costs shall be awarded by the court compelling arbitration. In any order compelling arbitration, the court shall include an award of attorney's fees and litigation costs and expenses against the party commencing litigation and such award may be entered as a judgment and immediately enforced.

You and Tangled each agree that all dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial.

References to Tangled

References to “Tangled” in these Terms of Use include Tangled LLC and its members, officers, owners, employees, partners, affiliates, representatives, agents, service providers, successors and assigns.

Effective Date of these Terms of Use: November 28, 2022