WEBSITE TERMS OF USE

Last Updated / Effective Date: February 21, 2025

Welcome to the Let’s Forage website (“Site”), which is owned and operated by Let’s Forage, LLC. (“Company,” “we,” “us,” or “our”). Let’s Forage uses Artificial Intelligence (“AI”) technology to analyze public social media posts to identify and understand cultural, consumer, and brand trends. We have developed this Site to provide you with information about our Company and our services.

ACCEPTANCE OF TERMS

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH LET’S FORAGE IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITE.

CHANGES TO TERMS

WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL CONSPICUOUSLY POST A NOTICE AT THE TOP OF THESE TERMS, ON THE SITE, OR OTHERWISE COMMUNICATE TO YOU. BY USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.

ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL

BY USING THIS SITE, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES RELATED TO THE SITE AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND THAT WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.

TERMS

1. USE OF THE SITE

We provide you with the ability to use the Site for your personal use, including commercial purposes, provided you comply with these Terms. You are responsible for payment of charges for all Internet and communications services needed to use the Site. You must be at least the age of majority in your place of residence to use the Site.

2. PRIVACY POLICY

We collect certain personal information from and about you, including when you use the Site, make purchases, or otherwise communicate with us. Please see our privacy policy for more information on how we collect, use, retain, and disclose your personal information.

3. INTELLECTUAL PROPERTY RIGHTS

Let’s Forage and its licensors are the sole and exclusive owner of the Site. The “Site” includes the Let's Forage domain, the content of the Site (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on the Site.

The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Site or the related intellectual property rights in the Site belonging to Let’s Forage or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Let’s Forage.

Unless otherwise noted, Let’s Forage, and the Let’s Forage graphics, logos, icons, and service marks are trademarks, registered trademarks or trade dress of Let’s Forage and protected under U.S. law and/or the laws of other countries. Let’s Forage trademarks may not be used without our express written consent and may not be used in a manner that disparages or discredits Let’s Forage, causes confusion among customers, or be used in conjunction with any products or services that are not provided by Let’s Forage. The Company will take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.

Access to the Site does not confer and shall not constitute a license to anyone to use Let’s Forage or any third party's intellectual property rights.

Terms Related to Artificial Intelligence

Let’s Forage uses Artificial Intelligence (“AI”) technology, including large language models (“LLMs”) and other generative AI systems, to evaluate social media posts and generate content such as text, images, and videos. Let’s Forage and its licensors are the sole and exclusive owners of the AI technology and all evaluations of social media posts. Ownership rights in the images, videos, and text generated by the Company’s technology on behalf of the client will be governed by the contractual agreement.

AI-generated outputs are probabilistic, meaning they are generated based on learned statistical patterns rather than deterministic logic or factual retrieval. LLMs generate text by predicting the most statistically likely sequence of words, while image and video generation models create visuals by synthesizing patterns learned from large datasets. Because these models do not possess an inherent understanding of truth, accuracy, or context, their outputs may not always align with a client’s subjective expectations of reliability, factual correctness, or aesthetic quality. Furthermore, there is no universally objective standard for evaluating the absolute accuracy or appropriateness of AI-generated outputs, particularly for complex or nuanced topics.

For some site features, Let’s Forage uses AI models developed and maintained by third-party providers, who make independent design choices that impact model behavior, including but not limited to training data selection, algorithmic constraints, and built-in content moderation. These choices influence the limitations, biases, and tendencies present in AI-generated outputs. Let’s Forage does not control these underlying models and, therefore, is not responsible for any biases, errors, omissions, or other limitations inherent in the AI systems provided by third-party vendors.

Given these limitations, Let’s Forage does not and cannot guarantee the quality, accuracy, reliability, effectiveness, safety, legality, or security of AI-generated outputs, whether in textual, visual, or video form. You acknowledge that Let’s Forage’s Services and AI technology may generate the same or similar outputs for other clients. AI technology is subject to inherent limitations and biases, and any outputs generated should be considered recommendations or creative renderings rather than definitive assessments or factual statements.

You are responsible for independently reviewing, verifying, and making decisions based on the outputs. Let’s Forage recommends human review of AI-generated content before you use or distribute that content. You assume full responsibility for ensuring their appropriateness, compliance with applicable laws, and suitability for your intended purpose.

4. ACCOUNTS

Certain features of the Site may require you to create an account with us (“Account”). Creation and use of your Account is governed by these Terms. You agree that any personal information you provide in connection with your Account will be true, current and complete. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at contact@letsforage.com.

5. COMPLIANCE WITH LAWS

When you use the Site, you are responsible for complying with all applicable laws, rules, regulations, including our Acceptable Use Policy regarding online conduct set forth in these Terms.

6. ACCEPTABLE USE POLICY

a. You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without prior written consent from Let’s Forage.

b. The Site is intended to be used for personal or commercial purposes.

c. You will not use the Site for unlawful purposes.

d. You will only provide us with true, accurate, and complete information when you use the Site.

e. You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of Let’s Forage or its affiliates.

f. You will not engage in data mining, data scraping or similar data gathering or extraction activities or retrieve data or other content from the Site. You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

g. You will not collect or store information about users of the Site in any manner.

h. You will not use the Site to post, transmit, input, upload, or otherwise provide any software code, data or materials that contain any viruses or malware.

i. You will not engage in activities designed to render the Site, an Account, or any associated computer systems inoperable or to make their use more difficult.

j. You will not attempt to gain unauthorized access to the Site, an Account or any associated computer systems.

k. You will not use the Site in a manner which is contrary to the purposes for which it was made available to you by Let’s Forage, or for any purpose that Let’s Forage deems objectionable.

7. USER GENERATED CONTENT

You may be able to post certain reviews, comments, photographs or other materials (collectively, “User Generated Content”) in connection with your use of the Site or through social media sites. You grant Let’s Forage the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Generated Content. By submitting User Generated Content or other information to Let’s Forage you represent and warrant that you own or have all legal rights to submit the User Generated Content, and you will comply with our Acceptable Use Policy.

8. USER GENERATED CONTENT DISCLAIMER

The User Generated Content represents the views of the user and may not represent the views of Let’s Forage. We do not endorse the User Generated Content. We cannot confirm the accuracy or credibility of any User Generated Content, and we will not be liable to you or any third party for any actions you may take as a result of reading User Generated Content. While we prohibit certain User Generated Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive.

9. FEEDBACK

Let’s Forage welcomes comments regarding the Site and our services. If you submit comments or feedback to us regarding the Site or our services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with our operations.

10. DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Let’s Forage will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Let’s Forage’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Let’s Forage that your copyrighted material has been infringed. Let’s Forage does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.

Let’s Forage does not host or store content from third-party social media providers. When we display social media posts (e.g., an Instagram post) on our Site, we do so through embedded links that pull content directly from the respective social media provider’s servers. Because we do not store or control this content, we are not responsible for any alleged infringement arising from it. If you believe that a social media post displayed through our Site infringes your copyright, you should submit your complaint directly to the relevant social media platform (e.g., Instagram, Twitter, or Facebook).

If we receive a clear and valid notice pursuant to the guidelines set forth below, Let’s Forage will respond by either taking down the allegedly infringing content or blocking access to it. Let’s Forage may contact the notice provider to request additional information.

Under the DMCA, Let’s Forage is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).

The Alleged Infringer is allowed under the law to send Let’s Forage a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

a. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);

b. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

c. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

d. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

e. Include the following statement: “I 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;”

f. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

g. Be signed; and

h. Be sent to our DMCA designated agent at the following address:

Let’s Forage, LLC
Attn: DMCA Agent
6525 Gunpark Drive, Suite 370
PMB 267
Boulder, CO 80301

11. SOCIAL MEDIA

We provide links to social media pages, including Facebook and Instagram, on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms or the terms of the Social Media site. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on a Social Media Page, that is not an endorsement of that third party or any product, service or company they represent.

12. DISCLAIMER OF WARRANTIES

The Site is provided to you on an “AS IS” and “AS-AVAILABLE” basis. To the maximum extent permitted by applicable law, Let’s Forage expressly disclaims all express or implied warranties of any kind with respect to the Site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or usage in trade.

However, Let’s Forage does not warrant or guarantee that the Site will meet your needs, be compatible with any standards or user requirements, the availability of the Site or that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the site available are free of viruses or other harmful conditions or components. Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Site.

Let’s Forage makes commercially reasonable efforts to ensure that the Site contains information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Site including any inaccuracies, typographical errors, or misstatements.

Let’s Forage expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, and improper product selection. Let’s Forge has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Let’s Forage or in any manner from the site creates any warranty.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LET’S FORAGE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “LET’S FORAGE PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE OR ITS CONTENT, (B) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SITE), (C) USE OF YOUR ACCOUNT, (D) ANY OTHER SUBJECT MATTER OF THESE TERMS, EVEN IF LET’S FORAGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A LET’S FORAGE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100.00 USD EVEN IF ANY REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LET’S FORAGE AND THE LET’S FORAGE PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITE OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SITE OR THE USER GENERATED CONTENT; (C) YOUR SUBMISSION OF USER GENERATED CONTENT; (D) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF LET’S FORAGE OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; OR (F) YOUR VIOLATION OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS THUS THIS INDEMNIFIATION PROVISIONS MAY NOT APPLY TO YOU.

15. TERMS APPLICABLE TO NEW JERSEY CUSTOMERS

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Let’s Forage reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

16. DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

Waiver of Rights.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SITE, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH LET’S FORAGE, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:

  • ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND

  • ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

  • THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.

  • THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.

b. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.

c. Mutual Arbitration Agreement.

  • Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this section (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.

  • AAA Proceedings. Either you or the Company may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org or we can assist you in contacting AAA.

  • Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions that are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.

  • Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.

  • Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.

  • Confidentiality. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

  • Survival. This Arbitration Agreement provision will survive the termination of these Terms.

  • Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

  • Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands.
    The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.
    Let’s Forage does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision is found to be invalid, unenforceable or illegal, then the Batch Proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

  • Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA. Let’s Forage and the counsel for the remaining claimants’ have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.
    The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opt out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

  • Opt-Out. If you wish to opt-out of this Arbitration Agreement, you must provide us your notice to opt-out within 30 days of the first date you visit or use our site. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:

Let’s Forage, LLC
6525 Gunpark Drive, Suite 370
PMB 267
Boulder, CO 80301

If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver.

  • Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Site, your Account, and the User-Generated Content.

  • Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.

  • Applicable Law. Colorado law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

17. GOVERNING LAW; VENUE

Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the state of Colorado, without regard to its conflict of laws principles. Except with regard to disputes which are subject to arbitration under this Agreement, venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Boulder County, Colorado. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

18. THIRD-PARTY LINKS

Links to third-party websites from the Site are provided solely as a convenience to you. Let’s Forage has not reviewed each site for its content and does not endorse or make any representations about them, or the information, products, materials or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk and Let’s Forage shall have no liability arising out of the operation or content of such third-party sites.

19. COOPERATION WITH LAW ENFORCEMENT

Let’s Forage will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Site or with regard to our merchandise. YOU WAIVE AND HOLD LET’S FORAGE AND THE LET’S FORAGE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

20. SITE UNAVAILABILITY

The Site or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Site, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

21. NOTICE FOR INTERNATIONAL USERS

The Site is hosted on servers located in the United States and is intended to be viewed only by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States.

22. MISCELLANEOUS

a. Termination. If you violate applicable laws or these Terms in connection with the use of the Site, you are immediately prohibited from further use of the Site. Let’s Forage may suspend or terminate the Site or your Account, in whole or in part, at any time. Let’s Forage shall not be liable to you or anyone else for any damages arising from or related to Let’s Forage suspension or termination of your access to the Site or your Account, or in the event Let’s Forage modifies, discontinues or restricts the availability of the Site or your Account (in whole or in part).

b. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.

c. No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Let’s Forage.

d. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and Let’s Forage with respect to your access to and use of the Site.

e. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Let’s Forage.

f. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.

g. Successors and Assigns. These Terms inure to the benefit of Let’s Forage successors and assigns.

h. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account or of your access to or use of the Site.

i. Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and Let’s Forage may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

23. CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact Let’s Forage with questions or comments regarding these Terms at:

Let’s Forage, LLC
6525 Gunpark Drive, Suite 370
PMB 267
Boulder, CO 80301
Email: contact@letsforage.com