FETCHME, LLC.

FETCHME WEBSITES TERMS OF USE

Last Updated: February 23, 2026

Welcome, and thank you for your interest in FetchMe LLC. ("FetchMe," "we," or "us") and our website at www.FetchMeWebsites.com, including subdomains of that website (collectively, the "Site"). These Terms of Use are a legally binding contract between you and FetchMe regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (DEFINED BELOW) (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, MOBILE APPS, APIS AND SERVICES (COLLECTIVELY THE "SITE") AND FETCHME, INC.'S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY FETCHME, INC. AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17.10, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FETCHME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Overview.

The Site provides information about FetchMe, LLC., our restaurant technology platform (the "Platform"), and related products and services. FetchMe's Platform enables independent restaurant operators to build branded digital storefronts, manage online ordering, access AI-powered phone ordering, coordinate catering and reservation management, and reduce dependence on third-party food delivery applications.

2. FetchMe is Not a Restaurant or Retailer. FetchMe is a Technology Platform for Businesses.

FetchMe is not a restaurant or food preparation entity. FetchMe is a technology platform that provides services to restaurants and food service businesses, such as the development of branded websites, mobile applications, online ordering systems, AI phone ordering, catering management tools, table management systems, and other technology management services that help these businesses more efficiently and effectively reach consumers and provide individual consumers, like you, with better products, goods, and services.

The restaurants and food preparation entities that use our Platform (collectively, "Merchant Customers") operate independently of FetchMe, LLC. and are required to comply with all applicable federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food. FetchMe is not liable or responsible for any Merchant Customer's food preparation, product or service quality, safety, or efficacy and does not verify their compliance with any applicable laws. Nor does FetchMe provide any guarantee regarding the services provided by any Merchant Customer. FetchMe does not independently verify, and is not liable for, any statements or representations made by any Merchant Customer, whether or not they are featured on our Site or use our Platform or services. FetchMe does not and cannot guarantee or verify the delivery of any Merchant Customer's products, goods, or services. Should you be concerned about any Merchant Customer's products, goods, services, or the delivery thereof, you should contact that Merchant Customer directly.

3. Eligibility.

You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site or any other service provided by FetchMe; and (c) your use of the Site is in compliance with any and all applicable laws and regulations. If you are not 21 years of age or older, you may not use the Site to obtain any products, such as alcohol, tobacco, or other age-restricted products.

4. Licenses.

4.1 Limited License.

Subject to your complete and ongoing compliance with these Terms, FetchMe grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site. All rights not expressly granted to you are reserved by FetchMe.

4.2 License Restrictions.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.

4.3 Information You Submit.

Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site ("Feedback"), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence), and you hereby grant FetchMe an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services. Our policies concerning personal data that you submit to use our Site and obtain our services is governed by our Privacy Policy [insert hyperlink]. If you object to the terms of this Privacy Policy, do not submit your personal data to us and do not use our Site or services.

5. Ownership; Proprietary Rights.

The Site is owned and operated by FetchMe. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site ("Materials") provided by FetchMe are protected by intellectual property and other laws. All Materials included in the Site are the property of FetchMe or its third-party licensors. Except as expressly authorized by FetchMe, Inc., you may not make use of the Materials. FetchMe reserves all rights to the Materials not granted expressly in these Terms.

6. Digital Millennium Copyright Act.

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you believe that any content on the Site infringes your copyright, please contact us at [hello@fetchmedelivery.com] with a written notice including: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material claimed to be infringing and information reasonably sufficient to permit FetchMe to locate the material; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement, made under penalty of perjury, that the information in the notification is accurate and you are authorized to act on behalf of the copyright owner.

7. Linked Websites.

The Site may contain links to third-party websites. Linked websites are not under FetchMe's control, and FetchMe is not responsible for their content. If you have questions about the terms governing your use of those third-party sites, including regarding those third-party sites' personal data privacy and data security practices, please contact the third-party company directly or review the applicable terms posted on their websites.

8. Text Message Communications from FetchMe and Electronic Communications from Merchant Customers.

When you create an account with FetchMe, we will ask for your consent to communicate with you via text messages. When you provide your phone number through the sign-up flow for our services, you will be asked to opt in to receive text messages from us. When you opt in, you will receive a text message to confirm your sign-up for notifications related to the applicable FetchMe services. If you no longer wish to receive these text messages, text "STOP." After you send the message "STOP," you will receive a reply message confirming that you have been unsubscribed. Please note that by replying "STOP," you will be unsubscribed from receiving text messages for all of FetchMe's services. If you would like to re-subscribe to receive notifications from FetchMe, you may text or reply to the SMS short code with the word "START."

Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates may apply. Message frequency varies. Text HELP at any time for help. You may opt out of text messages by replying STOP. You may have to separately opt out of notifications related to a specific service or product offered by FetchMe. You acknowledge and agree that you may continue to receive text messages for a short time while your opt-out request is processed.

Merchant Customers that you transact with through FetchMe's Platform may also send you marketing and promotional communications; valid consent will be obtained independently by any such Merchant Customer where legally required. Merchant Customers control and are strictly responsible for the content of all communications with you, and FetchMe does not take any responsibility or accept any liability in connection with those communications. Merchant Customers are also responsible for ensuring that their communications with you are only sent where the Merchant Customer has obtained your consent. Communications that you receive via text may be from the specific Merchant Customer you transacted with or from other affiliated businesses. Your consent to receive marketing SMS messages is not a condition of purchase.

If you opt out of marketing text messages from a single Merchant Customer, you will only be opted out of marketing messages from that specific business. You acknowledge that opting out or unsubscribing from receiving communications may impact your ability to obtain goods or services from that business.

9. Prohibited Conduct.

BY USING THE SITE, YOU AGREE NOT TO:

a. use the Site for any illegal purpose or in violation of any local, state, national, or international law;

b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

c. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;

d. interfere with the operation of the Site or any user's enjoyment of the Site, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;

e. perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation;

f. sell or otherwise transfer the access granted under these Terms or any Materials, or any right or ability to view, access, or use any Materials;

g. harvest or collect information about users of the Site;

h. use any robot, spider, bot, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Site, without FetchMe's express prior written consent;

i. frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain FetchMe's express prior written consent to do so;

j. reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;

k. reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms, without FetchMe's express prior written consent; or

l. attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.

10. Modification of These Terms.

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If we make a material change to these Terms, we will inform you of that change. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. Modification of the Site.

FetchMe reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. FetchMe will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

12. Term and Termination.

These Terms are effective beginning when you accept the Terms or first access or use the Site, and ending when terminated as described in this Section 12. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, FetchMe may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access the Site; and (c) Sections 2, 4.3, 5, 6, 12, 13, 14, and 16 will survive.

13. Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify FetchMe and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "FetchMe Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Disclaimers; No Warranties.

14.1

THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. FETCHME, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FETCHME, INC. DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FETCHME, INC. DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

14.2

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR FETCHME ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FETCHME ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE OR YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.

14.3

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FetchMe does not disclaim any warranty or other right that FetchMe is prohibited from disclaiming under applicable law.

15. Limitation of Liability.

15.1

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FETCHME ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FETCHME ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

FETCHME DOES NOT CONTROL PRICING, FULFILLMENT, QUALITY, OR ALLERGENS OF FOOD OR PRODUCTS PROVIDED TO YOU BY OUR MERCHANT CUSTOMERS.

15.2

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FETCHME ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 OR THE AMOUNT YOU PAID FETCHME DURING THE PRIOR SIX MONTHS, WHICHEVER IS GREATER.

15.3

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Miscellaneous.

16.1 General Terms.

These Terms, together with the Privacy Policy available at https://www.fetchmewebsites.com/privacy-policy (the "Privacy Policy") and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and FetchMe regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent, including in the event of a merger or acquisition of some or all of FetchMe. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2 Governing Law.

These Terms are governed by the laws of the State of Alabama without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and FetchMe submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Lee County, Alabama for resolution of any lawsuit or court proceeding permitted under these Terms.

16.3 Privacy Policy.

Please read the Privacy Policy at https://www.fetchmewebsites.com/privacy-policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.4 Additional Terms.

Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site, or that you agree to in connection with certain technology or services made available to you by or on behalf of FetchMe (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.5 Consent to Electronic Communications.

By using the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.6 Contact Information.

The Site is offered by FetchMe, Inc., located at 216 S 8th Street Opelika AL 36801 . You may contact us by sending correspondence to that address or by emailing us at [hello@fetchmedelivery.com].

16.7 Notice to California Residents.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

16.8 No Support.

We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.

16.9 International Use.

The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories, or by individuals, where such access is illegal is prohibited.

17. Dispute Resolution and Arbitration.

17.1 Generally.

Except as described in Section 17.2 (Exceptions) and Section 17.3 (Opt-Out), you and FetchMe agree that every dispute arising in connection with these Terms, your use of the Site, or communications from FetchMe will be resolved through binding arbitration, to the maximum extent permitted by law. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FETCHME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions.

Although the parties are agreeing to arbitrate most disputes between themselves, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

17.3 Opt-Out.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to FetchMe, LLC., Attention: Legal Department - Arbitration Opt-Out, 216 S 8th Street Opelika AL 36801, that specifies: your full legal name, the email address associated with your FetchMe account, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once FetchMe receives your Opt-Out Notice, this Section 17 will be void, and any action arising out of these Terms will be resolved as set forth in Section 16.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

17.4 Arbitrator.

This arbitration agreement, and any arbitration between the parties, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting FetchMe.

17.5 Commencing Arbitration.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). FetchMe's address for Notice is: FetchMe, LLC., 216 S 8th Street Opelika AL 36801. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or FetchMe may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, FetchMe will reimburse you for its payment of the filing fee, unless your claim is for more than US$10,000 or if FetchMe has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules, and the other party may seek reimbursement for any fees paid to the AAA.

17.6 Arbitration Proceedings.

Any arbitration hearing will take place in Lee County, AL, unless the parties agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in Lee County, AL. During the arbitration, the amount of any settlement offer made by you or FetchMe must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

17.7 Arbitration Relief.

Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by FetchMe before an arbitrator was selected, FetchMe will pay to you the higher of: (a) the amount awarded by the arbitrator; or (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

17.8 No Class Actions.

YOU AND FETCHME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR FETCHME'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FetchMe agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, to the maximum extent permitted by law.

17.9 Modifications to This Arbitration Provision.

If FetchMe makes any substantive change to this arbitration provision, you may reject the change by sending FetchMe written notice within 30 days of the change to FetchMe's address for Notice of Arbitration, in which case your account with FetchMe will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

17.10 Enforceability.

If Section 17.8 (No Class Actions) or the entirety of this Section 17 is found to be unenforceable, or if FetchMe receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 (Governing Law) will govern any action arising out of or related to these Terms.

18. Severability.

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

19. Modification.

FetchMe reserves the right to update these Terms and, if a change to these Terms is material, will provide notice to you of those changes.