Terms of Service

Welcome to tapouts. Our mission is to help children develop essential emotional and social skills through personalized coaching and science-backed assessments.

These Terms of Service (the "Terms") contain essential terms and conditions regarding your use of the tapouts Thrive Assessment, including any materials, data, information, and content available through it. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING THE ASSESSMENT. We encourage you to contact us at start@tapouts.com with any questions or concerns before proceeding.

These Terms incorporate tapouts' Privacy Policy by reference in its entirety, and all references to these Terms shall include our Privacy Policy. Please review our Privacy Policy carefully.

IMPORTANT NOTE: THESE TERMS AND CONDITIONS REQUIRE THE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUALIZED BASIS. EXCEPT AS HEREIN PROVIDED, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WAIVE YOUR RIGHTS TO: (A) SEEK RELIEF IN A COURT OF LAW; (B) HAVE DISPUTES DECIDED BY JUDGE OR JURY; AND (C) PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST TAPOUTS. PLEASE REVIEW SECTION 17 FOR MORE DETAILS.

These Terms constitute a legally binding contract between you and tapouts that governs your access to and use of the tapouts Thrive Assessment. BY ACCESSING AND/OR USING THE TAPOUTS THRIVE ASSESSMENT, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THESE TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The tapouts Thrive Assessment is only available to persons eighteen (18) years of age or older. You must create an account as an adult to provide information about your child who is between the ages of 4-16. You may not provide information about anyone under the age of 4 or over the age of 16.

1. Definitions

a. "tapouts," "Company," "us," "our," and "we," all refer to tapouts, Inc., a Delaware corporation.

b. "You," "your," "yourself," and "User" refer to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with the Assessment.

c. "Party" means each of you and tapouts. Collectively, you and tapouts are the "Parties."

d. "Affiliates" refers to an entity's executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively. An "Affiliate" refers to any one of the foregoing.

e. "Claims" refer to claims, disputes, controversies, matters, and causes of action, collectively. A "Claim" refers to any one of the foregoing.

f. "Losses" refers to liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties and fines, collectively. A "Loss" refers to any one of the foregoing.

g. "Assessment" refers to the tapouts Thrive Assessment, which is an educational evaluation tool designed to help parents understand their child's emotional and social development.

h. "Thrive Report" refers to the personalized report generated based on your responses to the Assessment, which includes domain scores, insights, and recommendations.

i. "Services" refer to any and all services arising out of and/or relating to the Assessment, including without limitation, the website, mobile applications, content, reports, recommendations, and other services we offer.

j. "tapouts Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats, including but not limited to code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, and software applications, but specifically excluding Personal Information and User Content.

k. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services.

l. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.

m. "Payment Method" refers to a valid, current, accepted means of remitting payment for Services, as permitted by tapouts.

n. "Personal Information" refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your child.

2. Coaching Services

If you subscribe to our Coaching Services, you acknowledge and agree to the following:

a. SERVICE DESCRIPTION. tapouts offers subscription-based coaching services designed to help children develop emotional and social skills through regular weekly 30-minute coaching sessions.

b. SESSION SCHEDULING. You are responsible for scheduling coaching sessions through our platform. Sessions must be scheduled at least 24 hours in advance, subject to coach availability.

c. CANCELLATION POLICY. We kindly ask for your cooperation. If you can't make it to a scheduled session, please let us know at least 24 hours in advance to avoid a $37 charge. This policy allows another child the chance to join. For any cancellation assistance, please reach out to start@tapouts.com.

d. RESCHEDULING. You may reschedule a session without penalty if done at least 24 hours before the scheduled session time, subject to coach availability.

e. COACH ASSIGNMENT. tapouts reserves the right to assign and reassign coaches at our discretion. While we make every effort to maintain consistency, coach changes may occur due to availability, scheduling conflicts, or other operational needs.

f. SUBSCRIPTION TERMS. Your subscription begins on the date of your initial payment and continues on a recurring basis until canceled. Subscription fees are charged at the beginning of each billing period.

g. SUBSCRIPTION CANCELLATION. You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing period. No partial refunds will be provided for unused portions of a billing period.

3. Educational Nature of the Assessment

If you purchase and use the tapouts Thrive Assessment, you must acknowledge and agree to the following:

a. THE TAPOUTS THRIVE ASSESSMENT IS AN EDUCATIONAL TOOL AND DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, OR CLINICAL SERVICES. It is designed to help parents better understand their child's emotional and social development through standardized measures and educational frameworks.

b. THE ASSESSMENT IS NOT A DIAGNOSTIC TOOL. The tapouts Thrive Assessment does not diagnose any medical or psychological conditions, including but not limited to anxiety, depression, ADHD, autism spectrum disorder, or any other clinical condition. The Assessment provides educational insights and does not replace professional evaluation.

c. THE ASSESSMENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. The Assessment and resulting Thrive Report do not replace the need for consultation with healthcare providers, mental health professionals, or educational specialists. We strongly recommend that you consult with appropriate professionals regarding any concerns about your child's development, behavior, or well-being.

d. YOU SHOULD NOT DELAY SEEKING PROFESSIONAL CARE BASED ON THE ASSESSMENT RESULTS. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified professional based on your use of the Assessment. If you are concerned that your child may be experiencing a medical or psychological emergency, please dial 9-1-1 immediately.

e. NO CLINICAL RELATIONSHIP IS ESTABLISHED. Accessing the Assessment and receiving the Thrive Report does not establish a clinical, therapeutic, or doctor-patient relationship with tapouts or any of its employees or contractors.

4. Accuracy and Limitations of the Assessment

If you purchase and use the tapouts Thrive Assessment:

a. The Assessment provides valuable educational insights but has inherent limitations. The results are based on your self-reported responses about your child at a single point in time and may not capture the full complexity of your child's development.

b. Domain scores in the Assessment are designed to provide relative information about your child's development compared to normative data. These scores should not be interpreted as absolute measures of ability or functioning.

c. You acknowledge that your Thrive Report might contain information that differs from your expectations or perceptions. The Assessment is designed to provide an objective perspective based on standardized measures, which may differ from a parent's subjective experience.

d. While tapouts strives to facilitate access to complete and accurate results, you acknowledge and accept that: (a) your responses may yield incomplete or even inaccurate results; and (b) tapouts does not warrant the accuracy, completeness, usefulness, timeliness, or precision of any results delivered through the Assessment.

e. You acknowledge that tapouts recommends your careful discretion in deciding what aspects of your Thrive Report to share, how to share them, and with whom. You further acknowledge that, to the extent you disclose your Thrive Report, or any other Personal Information, with a healthcare provider, such data and information may become part of your child's records and may thereby be available to insurance companies and/or other healthcare providers, except as limited by applicable law.

5. Eligibility Requirements

a. Eligibility. By accessing the Assessment, you represent that you are of sound mind and body to agree to our Terms and are in possession of the full rights and/or authorization to: (a) consent to our Terms; (b) agree to and pay for the Assessment, whether for your own benefit or the benefit of a third party; (c) authorize all rights and licenses herein granted to tapouts and assume all responsibilities, liabilities, debts, and obligations herein required of you; and (d) submit any Personal Information and other data and information provided in connection with the Assessment, whether for your own benefit or the benefit of a third party. You must be eighteen (18) years of age or older to access and use the Assessment.

b. Child Eligibility. The Assessment is designed for parents of children aged 4-16. You may not use the Assessment for children under 4 years of age or over 16 years of age. You represent that you are the parent or legal guardian of any child for whom you complete the Assessment, or that you have explicit permission from the parent or legal guardian to complete the Assessment on their behalf.

c. Non-Eligibility. We reserve the right to terminate your use of and access to the Assessment -- and cancel any purchase thereunder -- for any violation of our Terms or any provision of any other agreement between you and tapouts. Furthermore, you may not use the Assessment if you are:

i. Currently restricted or prohibited from using our Services;

ii. A past, present, or imminent competitor of tapouts and/or closely connected to one or more of our past, present, or imminent competitors;

iii. Acting on behalf of another person or entity without that person or entity's permission;

iv. Under a legal obligation that restricts and/or precludes your use of the Assessment; and/or

v. Otherwise unwilling to fully agree to and follow all of our Terms.

d. No Guarantees re: Eligibility. While we make every effort to ensure only eligible individuals access the Assessment, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use the Assessment.

e. Immediate Termination. You agree to close your browser window and cease from all further use of the Assessment if you are or become ineligible. You further agree to email start@tapouts.com with the subject "End Use" with details about your reason for ceasing all further use.

6. Limited License to Use the Assessment

a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of the Assessment for personal, non-commercial use in accordance with these Terms. tapouts reserves the right to suspend, limit, or revoke this license for any reason, with or without warning or notice, in our sole and absolute discretion.

i. You acknowledge and agree that this license does not grant you permission to use the Assessment without first remitting payment. You accept that, in order to receive certain aspects of the Assessment, you may be required to furnish Payment Information and remit payment, as directed by tapouts.

ii. You are permitted to download and/or print a reasonable volume of tapouts Content, including your Thrive Report, for your personal, non-commercial use in compliance with the Terms.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of tapouts Content in RAM, insofar as such storage is incident to your access and/or use of such tapouts Content.

b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, in order to use the Assessment (an "Account"). You accept that, in order to create an Account, tapouts may require you to provide certain Personal Information and a login/password; this includes, without limitation, furnishing a first and last name, date of birth, address, email address, and information regarding your child's development. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with the Assessment; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated.

c. You acknowledge and accept that tapouts will attribute all actions and usage of your Account to you. To the fullest extent permitted by applicable law, you are solely responsible for the security of your password, Account information, and any Personal Information thereto connected; you agree to maintain all such information as confidential at all times, and you agree to accept full responsibility for any decision to disclose and/or failure to protect such information to the fullest extent permitted by applicable law.

d. By entering into these Terms, you consent to the use of unsecured email, mobile phone text message, or other electronic methods of communication ("E-messages") between you and tapouts for purposes of discussing information relevant to the Assessment. You hereby acknowledge that E-Messages are typically not a confidential means of communication, and that there is a reasonable chance that a third-party may be able to intercept and see E-Messages.

e. You may elect to deactivate your account with tapouts, cease using the Assessment, delete your account, and/or terminate your agreement to these Terms at any time by sending an email to start@tapouts.com

i. You acknowledge and agree that your decision to deactivate, cease usage, and/or terminate this Agreement does not automatically entitle you to a credit, rebate, refund, or discount and may result in the removal and/or deletion of your Account, your Personal Information, and/or your User Content, at tapouts' sole election and discretion.

ii. Termination of your agreement to these Terms shall not prejudice or affect any right of action or remedy which has accrued or will thereafter accrue to either Party with respect to a breach of any representations, warranties, covenants, and/or other obligations hereunder.

7. User Responsibilities and Conduct

a. You covenant that you shall not sell, rent, lease, barter, recreate, reproduce, copy, modify, create derivative works from, license, sublicense, distribute, publish, republish, perform, transmit, transfer, display, distribute, exhibit, exploit, and/or make commercial use of the Assessment, or any aspect thereof (including without limitation the tapouts Content), without the prior express written consent of tapouts and/or our applicable third party licensor and/or provider.

b. You covenant that you shall not directly or indirectly resell or export any aspect of the Assessment, including without limitation any tapouts Content resulting therefrom and/or relating thereto, and you represent that you have not done any of the foregoing up to this point in time.

c. You represent and warrant that you are neither an employer seeking information regarding an employee, nor a person acting on behalf and/or in furtherance of an insurance company seeking information about a prospective or actual customer.

d. You represent that you have not violated and covenant that you shall not violate any export control laws or other restrictions on shipping to foreign countries in the course of purchasing and/or using the Assessment.

e. You agree to use the Assessment in a reasonable and fair manner. You will:

i. Treat tapouts, our Affiliates, and our community members kindly and respectfully.

ii. Provide complete, truthful, and up-to-date information.

iii. Not attempt to disrupt our technology or misappropriate our intellectual property.

iv. Follow the law at all times in connection with the Assessment.

v. Not use the Assessment for any fraudulent, deceptive, harmful, or illegal purpose.

f. You shall not make efforts to impair, disrupt, overburden, damage, or interfere with the proper working order of any technologies, systems, or operations, belonging to tapouts, our Affiliates, our licensors, and/or any of our third-party providers.

g. You shall not make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to the Assessment, except to the extent that such a restriction is expressly forbidden by law.

8. tapouts Rights and Intellectual Property

a. tapouts reserves the right to update, improve, modify, alter, limit, suspend, discontinue, and re-introduce the Assessment -- and any aspects, portions, details, features, specifications, and functions thereof -- as well as adjust or modify any pricing, availability, and timeframes offered with respect to the Assessment.

b. tapouts reserves the right to supplement, delete, or otherwise modify some of all these Terms -- or any portions thereof -- at any time, for any reason, with or without notice, in our sole discretion.

c. All tapouts Content -- and all copyright, trademark rights, service mark rights, patent rights, and other intellectual property rights and proprietary rights arising out of, relating to, and/or appearing in connection with the tapouts Content -- are owned by us and/or one or more of our third-party licensors or other providers and are protected by the intellectual property laws of the United States and other countries.

d. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant tapouts a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of the Assessment.

9. Privacy and Information Usage

a. tapouts Privacy Policy can be found here. We urge you to carefully review our Privacy Policy, as it directly impacts how tapouts handles your Personal Information, among other types of data and information.

b. The tapouts Thrive Assessment falls under the Children's Online Privacy Protection Act (COPPA) and our Privacy Policy addresses how we collect, use, and protect information from children under 13 years of age. By using the Assessment, you consent to the collection of information about your child as described in our Privacy Policy.

c. You authorize tapouts to use anonymized and aggregated data from the Assessment for research, product improvement, and educational purposes. This includes, but is not limited to, validating the effectiveness of the Assessment measures, improving scoring algorithms, and developing normative data.

d. Data Security. While tapouts is not a HIPAA-covered entity, we voluntarily implement security measures inspired by HIPAA standards to protect your information. These include encryption of data in transit and at rest, access controls, regular security assessments, and employee training on data protection. We implement these enhanced security protocols to provide you with an additional level of confidence in our data handling practices.

e. While we implement reasonable security measures to protect your data, you acknowledge that no data transmission or storage system is 100% secure, and we cannot guarantee absolute security of your information.

10. Billing and Payment

a. You authorize tapouts to:

i. charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees;

ii. disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, as reasonably necessary to facilitate the purchase of the Assessment;

iii. make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied.

b. The price for the Services is as stated on our website at the time of purchase. Pricing for existing tapouts subscribers may differ from pricing for new customers.

c. For subscription services, you will be charged at the beginning of each billing period. You authorize us to charge your payment method for the subscription fees until you cancel your subscription.

d. You represent and warrant that, to the extent you submit Payment Information during the course of using the Services:

i. the entity, organization, or institution connected to such a transaction will honor the charges you have incurred;

ii. you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution.

11. Refund Policy

For Coaching Services:

a. We're so convinced you'll absolutely love our services that we're willing to offer a 30-day risk-free money-back guarantee. If you are not satisfied with the service for any reason, you can get a refund within 30 days of making your initial purchase.

b. No refunds will be provided for individual missed sessions where the cancellation policy was not followed.

For the Thrive Assessment:

a. If you purchase the Assessment and decide to cancel your purchase, you may be eligible for a refund under the following conditions:

i. Full Refund: If you cancel within 48 hours of purchase AND have not started the Assessment, you will receive a full refund.

ii. Partial Refund: If you have started but not completed the Assessment, or if more than 48 hours have passed since purchase, you may be eligible for a partial refund at tapouts' discretion.

iii. No Refund: Once you have completed the Assessment and received your Thrive Report, no refund will be issued.

b. To request a refund for either service, you must contact start@tapouts.com with your purchase information and reason for requesting a refund.

c. Refunds will be processed using the same payment method used for the original purchase and may take up to 14 business days to process.

12. Service Uptime and Availability

a. We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by:

(1) periodic scheduled maintenance or repairs we may undertake from time to time;

(2) interruptions caused by you or your activities;

(3) outages that do not affect core Service functionality;

(4) causes beyond our control or that are not reasonably foreseeable;

(5) outages related to the reliability of certain programming environments.

b. For Coaching Services, in the event that a session cannot be completed due to technical issues on our end, we will reschedule the session at no additional cost to you or provide an appropriate credit on your account.

13. Third-Party Services and Products

a. While using the Services, tapouts may reference or recommend third-party services, products, or resources. These are provided for informational purposes only and do not constitute an endorsement by tapouts.

b. NEITHER TAPOUTS NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS -- OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.

c. You acknowledge and agree that, to the fullest extent permitted by applicable law, neither tapouts nor our Affiliates shall hold any liability or responsibility with respect to any third party advice, information, opinion, guidance, plan, course of treatment, care, or other offering.

14. Links to Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

14. Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose; or

(j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

16. Disclaimer of Warranties and Limitation of Liability

a. THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER TAPOUTS NOR OUR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO.

c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY FOR TAPOUTS AND OUR AFFILIATES IN CONNECTION WITH THE SERVICES AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $10.00 USD OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES.

d. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF TAPOUTS.

17. Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD TAPOUTS AND OUR AFFILIATES HARMLESS IN CONNECTION WITH ANY THIRD-PARTY CLAIM -- AND ALL RELATED LOSSES -- ARISING OUT OF AND/OR RELATING TO YOUR USE OF THE ASSESSMENT AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROM TAPOUTS' SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY.

18. Disclaimer of Warranties and Limitation of Liability

a. Choice of Law. Any Claim arising out of or relating to tapouts, our Affiliates, the Services, and/or these Terms will be construed and governed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to this section, the parties agree that all disputes must be litigated in the state or federal courts of California. You and tapouts each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

c. Mandatory Arbitration. To the fullest extent permitted by applicable law, you and tapouts agree to arbitrate all Claims arising out of or relating to tapouts, our Affiliates, these Terms, the Services, Personal Information, or any aspects thereof.

d. Class Action Waiver. YOU AND TAPOUTS EACH AGREE TO BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND TAPOUTS EACH AGREE NOT TO PURSUE OR RECOVER ANY DAMAGES OR OTHER RELIEF IN CONNECTION WITH ANY CLAIMS AGAINST THE OTHER IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING, OR OTHER AGGREGATED PROCEEDING.

e. Arbitration Procedures. Arbitration shall be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitration shall be conducted in the county where you reside or at another mutually agreed location. The arbitration shall be conducted by written submissions only, unless either you or tapouts elect to invoke the right to an oral hearing.

f. Opt-Out. You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending written notice to start@tapouts.com

19. Miscellaneous

a. Assignment. You may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms without tapouts' prior written consent. tapouts may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms.

b. Force Majeure. tapouts shall not hold any liability or responsibility for any Losses -- or be deemed to have defaulted or breached these Terms -- for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control.

c. Severability. If any of the Terms herein are held unenforceable, the impact of that unenforceability will be construed as narrowly as possible, and the remainder of these Terms shall nevertheless remain in full force and effect to the extent legally permissible.

d. Entire Agreement. These Terms, including without limitation the Privacy Policy, constitute the entire agreement between you and tapouts with respect to the Assessment and supersede all prior and/or contemporaneous agreements between you and tapouts, whether oral or written, arising out of and/or relating to the Assessment.

e. Changes and Amendments. We reserve the right to modify these Terms or their terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of these Terms will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.

e. Contact Information. If you have any questions about these Terms, please contact us at:
tapouts, Inc.
start@tapouts.com