Last reviewed March 30, 2024

Welcome to the YMRPI website, which includes ympi.com and its subdomains. The site is provided as a service to our customers. You must be 16 years or older to use the site. The following terms and conditions govern your use of the site (the “Agreement”).

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES, EXCEPT OTHERWISE STATED BELOW. IN ARBITRATION THERE IS LESS EVIDENCE OF DISCOVERY AND APPELLATE REVIEW THAN IN COURTS. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE RECOMMEND THAT YOU REVIEW THE AGREEMENT EACH TIME YOU USE ANY OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

SITE TRANSACTIONS
SITE CONTENT
ERRORS, INACCURACIES AND OMISSIONS
USER COMMENTS, OPINIONS AND OTHER SUBMISSIONS
YOUR PERSONAL INFORMATION
WAIVER AND RELEASE OF PARTICIPATION IN EVENTS
NOTICE AND PROCEDURE FOR SUBMITTING CLAIMS OF COPYRIGHT INFRINGEMENT
PRODUCT INFORMATION
PRICING POLICY
MERCHANDISE LOCATOR IN STORE AND PICKUP IN STORE
RIGHT TO CHANGE LOCATION
LINKS TO OTHER WEBSITES AND SERVICES
COMPENSATION
LIMITATION OF LIABILITY
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER)
APPLICABLE LAW AND JURISDICTION
TERMINATION
DIVISIBILITY AND SURVIVAL
GENERAL

Site transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site content

Unless otherwise indicated, the site and all functions and materials on the site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/ or other intellectual property. in such materials (collectively, the “Contents”), are owned, controlled or licensed by YMPRI.

The site and the Contents are intended for personal, non-commercial use only. You may download or copy the Contents and other downloadable materials displayed on the site solely for your personal use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works, sell or in any way exploit any of the Content or the site.

Unless otherwise specified, the site and the Contents are intended to promote YMPRI products and services. available in the United States. The site is controlled and operated by YMPRI.

The content of this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or sports program. YMPRI. is not responsible for any medical or health problems that may result from your participation in any activity described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

Errors, inaccuracies and omissions

The information on our Sites may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

User comments, opinions and other submissions

YMPRI. is pleased to hear from you and welcomes your comments about our products and services. While we value your feedback, we cannot accept or consider any creative ideas, suggestions, proposals, plans or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects are developed by YMPRI employees and agents. may appear similar to the Proposals. Accordingly, we request that you do not submit Submissions to anyone at YMPRI. through any communication channel.

If you send certain specific submissions at our request (for example, contest entries, customer reviews, or photographs), post comments, photos, reviews or other content on the site, or without a request from us, submit creative ideas, suggestions, reviews of clients, photographs, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Contents”), you agree that we may, at any time, without restriction, edit, copy , publish, distribute, translate and otherwise use your Comments in any media. YMPRI. You are and shall be under no obligation (1) to maintain the Comments in confidence; (2) pay compensation for the Comments; or (3) to respond to Comments. We have the right, but not the obligation, to monitor, edit or remove any comments. You may not republish, post or redistribute Comments outside of the site.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false email address, pretend to be someone other than yourself, or mislead YMPRI. nor to third parties about the origin of any comment. You agree to comply with our Endorsement Policy and clearly and conspicuously disclose whether you received compensation or other incentive of any kind, from any source, in exchange for posting Comments. You are solely responsible for any comments you make and their accuracy. YMPRI. takes no responsibility and assumes no liability for any Comments posted by you or any third-party.

Your personal information

Our Privacy Policy explains how we collect, use and share your personal information when you access or use our websites, mobile applications and any other online services. Please read the Privacy Policy for more information about how we process your personal information, including details about your privacy rights and options. The Privacy Policy is also available through the link located at the bottom of the site.

Waiver and release of participation in events

By enrolling in an online activity available through the site, such as a fitness class (the “Activity”), you agree to assume full responsibility for all risks that may arise or result from participation in such Activity. You understand that the Activity may result in physical or emotional injuries, and that these risks and dangers may be caused by foreseeable or unforeseeable causes. You hereby represent that you are undertaking the Activity voluntarily, with full knowledge of the potential dangers, and that you expressly, knowingly and voluntarily assume the risk of any injury.

In consideration of participation in the Activity, you hereby expressly waive, release and terminate YMPRI. and all of its subsidiaries, divisions, affiliates, related entities and/or assigns, including their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, “YMPRI.”), from all liability for any accident, injury or other loss that may arise from participation in the Activity, including, but not limited to, accidents, negligence (our own and/or YMPRI.). .’s), malfunction or defect of the equipment and/or forces of nature.

You acknowledge and agree that you have carefully read this release and release and fully understand that it is a release of liability. You acknowledge and understand that you are waiving any right you may have to initiate legal action to file a claim against YMPRI. for negligence arising out of or in connection with the Activity.

Additionally, you hereby grant to YMPRI. the right and permission to use your comments, name, voice, image and/or likeness recorded or taken during the Activity (collectively “Materials”) in any manner or medium, including any online, digital, multimedia or electronic media formats, in anywhere in the world, any number of times, for any period of time and for any purpose. You waive any right to approve any use of the Materials. Additionally, you waive all rights known as “moral rights” that you may have now or in the future. You hereby release, discharge and hold YMPRI harmless. and to anyone acting on behalf of YMPRI. from any liability related in any way to the use of the Materials.

Notice and Procedure for Filing Copyright Infringement Claims

YMPRI. Respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YMPRI to YMPRI’s designated Digital Millennium Copyright Act (“DMCA”) agent. the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number and email address;
• A 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
• 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.

You may contact YMPRI’s Copyright Agent. to notify claims of copyright infringement on the site as follows:

Email: info@ympri.com

Please note that this procedure is solely for notifying YMPRI. and its subsidiaries that their copyrighted material has been infringed.

Product Information

Many of the products displayed on the site are available in select stores in the United States and, in some cases, in select foreign markets. Prices displayed on the site are quoted in US dollars.

Certain products are available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only through the site in accordance with the applicable return policy.

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

Pricing policy

The strike-through or quoted price represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a season or last year, or the value of a similar item in the market. It may not represent the price prevailing in our stores, online or elsewhere in the market on a particular day or at each location.

The actual in-store price of an item may vary from store to store and may be different from the online price of the same item.

Right to change location

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site or any services, content, features or products offered through the site, with or without notice; charge fees in connection with use of the site; modify and/or waive any fees charged in connection with the site; and/or offer opportunities to some or all users of the site. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Site, or any services, content, features or products offered through the site.

Links to other websites and services

The site may contain links to other websites that are not under the control of YMPRI. YMPRI. has no responsibility for the linked website nor do the links constitute an endorsement of any linked website. If you use the links, you will leave the site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

Compensation

You agree to defend, indemnify and hold YMPRI harmless. from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the site and/or your breach of any representation, warranty, or other provision of the Agreement.

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE LEGAL RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT WILL YMPRI. (1) WILL BE LIABLE TO YOU WITH RESPECT TO YOUR USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US) , OR ANY DAMAGES RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY PERFORMANCE FAILURE, WHETHER AS A RESULT OF ACTS OF FORTUNE, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES AND (2) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, LOSS, THEFT OR CORRUPTION OF INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. YOUR SOLE REMEDY IS TO STOP USING THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE SHOULD BE PROVIDED TO YMPRI. WITHIN ONE YEAR OF ITS ACCUMULATION OR IT IS FOREVER WAIVED AND PRESCRIBED.

IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER)

Please read this section carefully. Affects your legal rights. Provides for the resolution of most disputes through individual arbitration rather than court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator rather than a judge or jury, and discovery is more limited. Arbitration is final and binding and is subject to only very limited review by a court. This section also contains a waiver of jury trial and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by law applicable.

Arbitration agreement

• Binding Individual Arbitration. Any dispute or claim arising out of or relating to this Agreement, your use of the Site, or your relationship with YMPRI, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Dispute”), shall be will be resolved by binding individual arbitration, except that you or we may elect to have a Dispute heard in small claims court, provided it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of the small claims court is up to the small claims court to decide in the first instance, unless you and YMPRI. agree otherwise. The dispute will be construed broadly and will include, but is not limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims related to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of this Agreement. However, the dispute does not include disagreements or claims related to patents, copyrights, trademarks and trade secrets, or claims of piracy or unauthorized use of intellectual property. The arbitrator will decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues reserved for a court in this Agreement; (2) issues relating to the scope, validity and enforceability of the arbitration agreement, class action waiver, jury trial waiver or any of the provisions of this Dispute Resolution section; and (3) issues relating to the arbitrability of any Dispute. This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be construed and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
• Mandatory informal dispute resolution process. Both you and YMPRI are aware of the high cost of legal disputes, not only in dollars but also in time and energy. agree to the following informal dispute resolution procedure before you or YMPRI. can initiate arbitration. In the event of any Dispute arising between you and YMPRI., the party asserting the Dispute must first send written notice to the other party (by first class or certified mail) that includes all of the following information: (1) information contact information (including name, address, email address and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claim; (3) a detailed description of the requested relief, including an estimate thereof; and (4) information sufficient to identify any account and transaction in question. The notice must be personally signed by the party asserting the Dispute (and their attorney or our attorney, if represented). Your notification to YMPRI. should be sent info@ympri.com

For a period of 60 days following receipt of full notice (which may be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving notice may request a telephone conference to assist in resolution of the Dispute. If such a conference is requested, you and a YMPRI representative. They will attend in person (with an attorney, if represented). The conference will be scheduled at a mutually convenient time, which may be outside the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of notice or compliance with this Process is in question, such issue may be raised and decided by a court of competent jurisdiction at the option of either party, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, including the power to prohibit the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits a party’s right to seek damages for failure to comply with this Process in an arbitration with a Process Arbitrator or a merits arbitrator. All applicable limitations periods (including statutes of limitations) will be suspended from the date of receipt of complete notice until the conclusion of this Process. You or we may initiate arbitration only if the Dispute is not resolved through this Process.

• Arbitration Procedures. The arbitration of any Dispute will be administered and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA Consumer Arbitration Rules (where applicable) (“AAA Rules”), modified by this arbitration. agreement. The AAA Rules are available online at www.adr.org. Each party has the right to challenge the application of the AAA Consumer Arbitration Rules in connection with a Dispute as a preliminary administrative matter. You and we understand and agree that the AAA’s administrative determination to record this arbitration agreement means that it conforms to the Consumer Due Process Protocols and that this determination is final and that neither a court nor an arbitrator has the authority to review it. . If the AAA is unavailable or unwilling to administer the arbitration under this arbitration agreement, the parties will agree on an administrator who will do so. If the parties cannot reach an agreement, they will ask a court of competent jurisdiction to appoint an administrator to do so. A demand for arbitration must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating the arbitration (and his or her attorney, if represented). If you file a demand for arbitration, you must send it to YMPRI. to: YMPRI., Attn: General Counsel, 2 Folsom Street, San Francisco, CA 94105 and follow the AAA Rules to initiate arbitration. Yes YMPRI. If you file a demand for arbitration, we will send it to your last used billing address or the billing and/or shipping address in your online profile and will follow the AAA Rules to initiate arbitration. By filing a demand for arbitration, the party and attorneys represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the represented parties and their attorneys. You may elect to have the arbitration conducted by telephone, video or in-person hearing, or through written submissions, except that any Dispute seeking $25,000 or more or injunctive relief will have an in-person or video hearing unless the parties agree otherwise. You and YMPRI. They reserve the right to request a hearing from the arbitrator on any matter. You and a YMPRI representative. You will appear in person at any hearing (with an attorney, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed upon location. An arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief.only in favor of the individual party seeking relief and only to the extent necessary to provide relief justified by that party’s individual claim. To the maximum extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, consolidated, tax proceeding. general private or representative. Additionally, unless you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhausting all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief and class, consolidated, private attorney general, or representative proceedings are deemed unenforceable with respect to a particular claim or request for relief ((such as a request for public injunctive relief), then such claim or request for relief shall be decided by a court of competent jurisdiction, after all other claims and requests for relief have been arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. The arbitrator shall apply the cost shifting provisions of Federal Rule of Civil Procedure 68 after rendering an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except that judgment cannot be entered an award that has been satisfied. An award shall not have preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even when a proceeding is pending, unless a trial has been initiated or a final judgment has been rendered. Judgment on any arbitration award may be rendered in any court of competent jurisdiction, unless it cannot be rendered an award that has been satisfied. An award shall not have preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even when a proceeding is pending, unless a trial has been initiated or a final judgment has been rendered. Judgment on any arbitration award may be rendered in any court of competent jurisdiction, unless it cannot be rendered an award that has been satisfied. An award shall not have preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even when there is a pending process,unless a trial has been initiated or a final judgment has been issued.

• Arbitration Costs. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiency associated with arbitration. Therefore, you or we may choose to cooperate with the AAA with respect to arbitration fees, and you and we agree that the parties (and attorneys, if represented) will work together in good faith to ensure that the arbitration proceeds being profitable for all parties.

• Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) will apply if you decide to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are filed against YMPRI. by the same attorney or by a coordinated or otherwise coordinated attorney (“Mass Arbitration”), you understand and agree that the resolution of your Dispute may be delayed and ultimately proceed in the same manner. court. The parties agree that, as part of these proceedings, their attorneys will meet and consult in good faith in an effort to resolve the Disputes, expedite the proceedings, address the exchange of information, modify the number of Disputes to be resolved, and preserve the right of the parts. and AAA resources. If your claim is part of a mass Arbitration, any applicable limitation period (including statutes of limitations) will be suspended for your Dispute from the time your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged arbitration. process or is resolved, withdrawn, otherwise resolved or excluded from arbitration in accordance with this provision.

o STAGE ONE: If at least 50 Disputes are filed as part of the Mass Arbitration, plaintiffs’ attorneys and YMPRI’s attorneys. They will each select 25 Disputes to be submitted and proceed as cases in individual arbitrations as part of this initial stage. process. The number of Disputes to be selected to proceed in Stage One may be increased by agreement of the parties’ counsel (and if there are fewer than 50 Disputes, they will all proceed individually in Stage One). Each of the 50 (or fewer) cases will be assigned to a different arbitrator and will proceed individually. If a case is withdrawn before an arbitration award is issued, another claim will be selected to proceed as part of the First Stage. Remaining Disputes will not be brought or deemed to be brought in arbitration nor will arbitration fees be assessed or assessed in connection with those claims. Following this initial set of proceedings, the parties’ attorneys will participate in a comprehensive mediation session with a retired federal or state court judge jointly selected by the attorneys in an effort to resolve the remaining disputes (as informed by the awards of cases in Stage One). , and YMPRI. will pay the mediator’s fees.

o STAGE TWO: If the remaining Disputes have not been resolved by the conclusion of Stage One, plaintiffs’ attorneys and YMPRI’s attorneys. will each select 25 Disputes per party to be submitted and proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes that will be selected to proceed as part of this second stage process may be increased by agreement of the parties’ attorneys (and if there are fewer than 50 Disputes, they will all proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before an arbitration award is issued, another claim will be selected to proceed as part of the Second Stage. Remaining Disputes will not be brought or deemed to be brought in arbitration nor will arbitration fees be assessed or assessed in connection with those claims. Following this second series of staged proceedings, the parties will participate in a comprehensive mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by the attorneys in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and YMPRI. will pay the mediator’s fees.

Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not resolved or withdrawn will be excluded from arbitration and may proceed in a court of competent jurisdiction in accordance with the remainder of the Agreement. Notwithstanding the foregoing, the parties’ attorneys may mutually agree in writing to proceed with the resolution of some or all remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except that Disputes will be selected at random and the mediation will be elective). by agreement of counsel) or through another mutually agreed upon process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to prohibit the filing or processing of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhausting all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute will not proceed in arbitration and will only proceed in a court of competent jurisdiction pursuant with the rest of the Agreement.

• Future Changes to the Arbitration Agreement. If we make future changes to this arbitration agreement (other than a change to YMPRI’s contact information), you may reject such change by sending your personally signed written notice to the following address within 30 days of the change: YMPRI., Attn: General Counsel, 2 Folsom Street, San Francisco, CA 94105 with a clear statement that you wish to opt out of the changes to the arbitration agreement. Such written notice does not constitute an option to completely opt out of arbitration. By rejecting any future changes, you agree that you will arbitrate any Dispute between you and YMPRI. in accordance with this version of the arbitration agreement.

Class Action Waiver and Jury Trial Waiver.

YOU AND WE AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

APPLICABLE LAW AND PLACE

Except with respect to the arbitration agreement, this Agreement and your use of the Site are governed by the laws of the state of California, without regard to California’s conflict of laws rules. If the arbitration agreement is ever held to be unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in San Francisco County, California, for the purposes of any legal action that arises. of or relating to the use of the Site or this Agreement, and we waive any objection to personal jurisdiction or to the establishment of jurisdiction in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change the venue of such action to another court.

Termination

You may terminate this Agreement at any time. YMPRI. may also terminate this Agreement at any time without notice and may accordingly deny you access to the Site if, in our sole discretion, you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Divisibility and survival

Except as otherwise provided herein, if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to other provisions that, by their terms, will survive any termination or expiration of this Agreement, the following sections will survive the termination of this Agreement: (1) Indemnification; (2) Limitation of Liability; (3) Dispute Resolution (including arbitration agreement; class action waiver; jury trial waiver); and (4) Applicable law and jurisdiction.

General

Waiver of any provision of the Agreement shall not be deemed a waiver of any other provision or of YMPRI’s right. to demand strict observance of each of the terms hereof. This Agreement constitutes the entire agreement between us regarding your use of the site.