Terms of Use Overview

Below is an overview of our TERMS OF USE for our “Service”, which means any website, application, or service Tweerl offers. You should read the complete TERMS OF USE because that document – and not this overview – is our legally binding Agreement. The Terms of Use includes information about your legal rights.

Your Relationship with Tweerl

By using our Service, you are agreeing to our Terms of Use. The Terms of Use are a legally binding agreement between you and Tweerl. 

If we determine that you have violated any part of the Terms of Use, we reserve the right to modify, suspend, or terminate your account at any time. We charge for certain aspects of our Service, and some of these fees are billed on a regular and recurring basis (unless disabled or canceled).

Tweerl Groups, Organizer and Other Users

The user experience of Tweerl involves meeting real people and doing real things in the real world. This can lead to unexpected situations out of our control. 

We take no responsibility for situations beyond our control and we cannot guarantee anything beyond the scope of our Service. You should use common sense and good judgment when interacting in the real world. 

Your Content

You are responsible for your “Content”, which is any information, material, or other content you create within our Service. All Content must comply with our Terms of Use.

If we determine that any Content violates our Terms of Use, we reserve the right to modify or delete the Content as we see fit. If multiple violations occur, we may suspend or terminate your Account.
We are not responsible for Content that members post or the communications that members send using our Platform. We generally do not review content before it is posted. 

If you see Content that violates our Terms of Use, we encourage you to contact us to report that.

Our Service

We try to ensure that our Service is always available and working, but we cannot guarantee that it will be. Occasionally, things may not go exactly as planned. We apologize in advance for any inconvenience this may cause.

We are constantly working hard to improve our Service and to ensure that your user experience is as smooth as possible. This means that we may modify or discontinue features within the Service at any time.

Limitations of Liability 

By using our Service, you agree to the limitations of liability and release as stated in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. Unless you are in the European Union, you agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.

Terms of Use

Last Updated: 5/20/2023

Welcome to Tweerl, operated by Elevation Markets LLC (“us”, “we”, the “Company” or “Tweerl”).

Our Terms of Use, this “Agreement”, contains important information about your legal rights when using any platform that Tweerl provides, “Service”. Please read the following Agreement Carefully. It is your responsibility to ensure that you understand all of the terms contained in this Terms of Use Agreement.

1. Acceptance of Terms and Use Agreement

By creating an account and using our Service, you agree to be bound by the Terms of Use, Privacy Policy, etc.

If you do not accept and agree to be bound by all of the terms of this Agreement, you will not be permitted to use our Service.

You MUST be 16 years or older to create an account and use our Service. By creating an account and using our Service, you are confirming that you are at least 16 years or older. Tweerl will not be responsible for verifying your age and will not take any responsibility for issues arising from a user that is under the age of intended users.

We reserve the right to make changes to this Agreement at any time. We may do this for a variety of reasons. The changes become effective when made available to all users.

The most recent version of this agreement will be available on tweerl.com at all times. The most recent version is always the version that applies.

If the changes include material changes to your rights or obligations, we will notify you of the changes in advance (unless prohibited by applicable law). This can include notification through Tweerl or via email.

If you continue to use Tweerl after the changes become effective, then you agree to the revised agreement.

2. Registration and Your Account

In order to use Tweerl, you must create an Account. To create your Account you may sign up with your phone number or, in some cases, by email address. This will be linked to the information you provide to us and it will be your sole way of signing in to use our Service.

Tweerl is not responsible for maintaining the confidentiality of your login credentials that you use to sign up for the Service. And you are solely responsible for all activities that may occur under those credentials. If you think someone has gained access to your account, (contact us) immediately.

3. Purchases

When creating an Account, you may have to agree to our Subscription to continue to use the Service or, in some cases, to access additional features available only by subscribing.

The products and services available for purchase may be offered through the App Store, Google Play Store, carrier billing service, Tweerl direct billing, or other third party payment platforms authorized by Tweerl. If you choose to make a purchase to use our Service, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (your card or a third party account such as Google Play Store or the App Store, your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the Service as well as any sales or similar taxes that may be imposed on your payments, and you authorize Tweerl or third party accounts, as applicable, to charge you.

Some Subscriptions come with a period of time where you can use our Service for free (this is your “Free Trial”). At the end of your Free Trial, you will be billed as was specified within the Subscription you chose.

Auto Renewal

Most Subscriptions are set to auto-renew after any Free Trial period and at the beginning of every billing period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your Subscription, you will need to log in to your third party account (or Payment settings on Tweerl, in some cases) and follow the instructions to terminate or cancel your Subscription, even if you have otherwise deleted your Account with us or if you have deleted our application from your phone.

Deleting your Account on Tweerl or deleting the Tweerl application does not terminate or cancel your subscription. Tweerl will retain all funds charged to your Payment Method until you terminate or cancel your subscription. Should you choose to cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not automatically renew after the term expires.

Pricing

Tweerl offers its Service nationally in the United States, and our pricing varies by a number of factors. From time to time, we may offer promotional rates, which can vary based on region, length of subscription, and other factors. We also regularly test new features and payment options.

If there is a pricing change, you will be notified before your next billing period and you will have the option to cancel or agree to new Terms of Use. If you do not terminate your subscription by the next billing period or you continue to use our Service, you agree to the new pricing and Terms of Use.

Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. All refunds are at our sole discretion and we may make an exception if the Service or Subscription offering has changed significantly since the time of purchase and you do not agree to the new Terms of Use and changes in the Service.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Tweerl) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund:

If you made a purchase using the Apple Store, refunds are handled by Apple, not Tweerl. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through Tweerl directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Tweerl (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. 

This notice shall be sent to: Tweerl, Attn: Cancellations, 1627 W Main Street, Suite 303, Bozeman, Montana, 59715.

4. Account Modification, Suspension, or Termination

You may modify, suspend, or terminate your account at any time, for any reason, by going to ‘Settings’ > ‘Subscriptions’ or by contacting us directly and requesting the action you wish. However, if you use a third party payment account, such as Apple’s App Store or iTunes Store, or the Google Play Store, you may need to manage in-app purchases through such an account to avoid additional billing charges.

Tweerl reserves the right to modify, suspend, or terminate users accounts at any time without notice if, at our sole discretion, we determine that you have violated any part of this agreement. When this occurs, we will notify you of the reasons for modification, suspension, or termination. Upon termination, you will not be entitled to any refund. After your account has been terminated, this agreement will terminate except: Sections 4 – 7 .

5. Your Content

You are responsible for your “Content”, any content that you create or post to our platform. Your Content must comply with our terms of service.

We do not own the Content that you create or post. By using the service, you are agreeing to provide us a license to use this content in order for us to operate, improve, and protect our platform for the benefit of you and others.

We are not responsible for Content that users post or the communication between members on the Service. We don’t review Content before it is posted. If you see Content that violates our terms of service, you may contact us to report it.

6. Other Member’s Content

Although Tweerl reserves the right to review and remove any Content posted that violates this Agreement, all Content is the sole responsibility of the member who posts it, and Tweerl cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it immediately to support@tweerl.com

7. Modifying the Service

Tweerl is constantly making improvements to the Service to provide additional functionality that benefits its users. This means we may add new features, enhancements, or services from time to time as well as remove some features. 

If these actions do not materially affect your rights or obligations, we may not provide you with notice before making them. 

If significant changes are made that may affect your Subscription or your rights, Tweerl will notify you of such changes and will allow you to accept or decline the new Terms of Use.

We reserve the right to suspend the service entirely at any time, in which event we will notify you in advance unless extenuating circumstances prevent us from doing so.

Should we suspend the Service at any time, your Subscription and Billing will be suspended in accordance with the Service suspension.

8. Your Interactions with Other Members

While Tweerl is geared towards creating more interactions between you by using our Service, you agree to treat other users in a courteous and respectful manner, both on and off our Service. Tweerl is not responsible for the conduct of any member on or off the Service. You agree to use reasonable caution when interacting with other users, especially in person.

9. Rights Tweerl Grants You

Tweerl grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Tweerl and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Tweerl’s prior written consent.
• express or imply that any statements you make are endorsed by Tweerl.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Service.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• “frame” or “mirror” any part of the Service without Tweerl’s prior written authorization.
• use meta tags or code or other devices containing any reference to Tweerl or the Service (or any trademark, trade name, service mark, logo or slogan of Tweerl) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
• use, access, or publish the Tweerl application programming interface without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
• encourage, promote, or agree to engage in any activity that violates this Agreement.

Tweerl may investigate and take any available legal action in response to illegal and / or unauthorized uses of the Service, including termination of your account.

Any software that Tweerl provides you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

10. Rights You Grant Tweerl

By creating an account, you grant Tweerl a worldwide, transferable, royalty-free, sub-licensable, right and license to host, store, use, copy, display, or otherwise make available information you authorize us to access from third parties as well as any Content you post, upload, or otherwise make available on our Service.

You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person participating in the Service.

You agree that all information that you submit to us upon creation of your account is accurate and truthful and you have the right to use and post the information and Content on the service and grant the license to Tweerl.

You agree that we may monitor and review any Content you post when using the Service. We may delete or modify any Content, in whole or in part, that in our sole discretion violates this Agreement or may harm the reputation of the Service.

You agree that when communicating with our customer service representatives, you will be respectful and kind. We reserve the right to immediately terminate your account if we feel that your behavior is at any time threatening, harassing, offensive, or otherwise unacceptable.

You understand and agree that We, our affiliates, and any of our partners may place advertisements on the Service.

You understand and agree that Tweerl may access, store, and disclose your account information and Content if required to do so by law, or to protect the rights, property or safety of the Company or any other person.

11. Community Rules

By using the Service, you agree that you will not:

• Use the Service for any purpose that is unlawful or prohibited by this Agreement.
• Use the Service for any harmful or nefarious purpose.
• Use the Service with intent to damage the Company
• Spam or solicit money or other items from another member of the Service or otherwise defraud another member.

Tweerl reserves the right to investigate and/or terminate your account without notice or a refund of any purchase if you have violated this Agreement, misused the Service, or behaved in a manner that Tweerl considers inappropriate or unlawful, whether on or off the Service.

12. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request by emailing copyright@tweerl.com.

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim is infringing;
• A description of where the material that you claim to be infringing is located on the Service in a reasonably sufficient way to allow us to find the alleged infringement;
• Your contact information including: name, mailing address, email address, telephone number, and the copyright owner’s identity;
• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under the penalties of perjury, that the above information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf.

13. Disclaimers

TWEERL PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION. ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TWEERL DOES NOT GUARANTEE THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSE.

TWEERL ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

TWEERL DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

14. Third Party Partners

The Service may contain advertisements and promotional material offered by our third party partners and links to other websites or resources. Tweerl is not responsible for the availability of third party resources or any Content displayed by our third party partners.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWEERL, ITS AFFILIATES, CONTRACTORS, CONSULTANTS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TWEERL HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWEERL’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO TWEERL DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST TWEERL, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

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

16. Dispute Resolution

In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.

Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.

16a. INFORMAL DISPUTE RESOLUTION PROCESS

If you are dissatisfied with our Service for any reason, please contact Tweerl Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Tweerl, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 16, “Tweerl” shall include our affiliates, contractors, consultants, employees, licensors, and service providers.

Tweerl values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Elevation Markets LLC located at 1627 W Main St, Suite 307, Bozeman, MT, 59715, USA. If Tweerl has a Dispute with you, Tweerl agrees to first send a Notice to you at your most recent email address on file with us, or, if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Tweerl to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Tweerl’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Tweerl agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Tweerl requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you wish to be represented by counsel. Likewise, if you request a telephone conference to discuss Tweerl’s Dispute with you, Tweerl agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Tweerl may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Tweerl engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

16b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND TWEERL EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND TWEERL EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST TWEERL. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND TWEERL AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

16c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any dispute, claim, or controversy between you and Tweerl (that is not resolved informally by Tweerl Customer Service or as provided under subsection 16a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Tweerl may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Tweerl challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Tweerl’s other contracting parties.

Any court proceeding to enforce this Dispute Resolution Section 16, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 18. In the event Dispute Resolution Section 16 is for any reason held to be unenforceable, any litigation against Tweerl (except for small claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

16d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

This subsection 16d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 16a above and when no small claims court election is made by either Party. Any arbitration between you and Tweerl shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 16. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.

The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:

1. Commencing an Arbitration – To initiate an arbitration, you or Tweerl shall send to NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to Tweerl at Elevation Markets LLC, 1627 W Main St, Suite 307, Bozeman, MT, 59715, within 10 days of delivery of the Demand for Arbitration to NAM. If Tweerl sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above.
2. Fees – The payment of all fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to Tweerl of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. Tweerl is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If Tweerl initiates an arbitration against you, we shall pay all fees.
3. The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Agreement (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
4. Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
5. Discovery – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
6. Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
7. Arbitration Hearing – You and Tweerl are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
8. Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Tweerl and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
9. Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
10. Mass Filing– If, at any time, 25 or more similar demands for arbitration are asserted against Tweerl or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available athttps://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.
    • i. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
    • ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or Tweerl in writing and submitted to NAM and all Parties.
    • iii. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for Tweerl shall each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the Claimants and counsel for Tweerl shall each select an additional 15 Demands for Arbitration (30) total to be filed, processed, and adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Tweerl and the claimants (including you), shall only be due after your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.
    • iv. You and Tweerl agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Tweerl acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

17. Governing Law

Nevada law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).

To the fullest extent allowable by law, the laws of Nevada, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement, the Service, or your relationship with Tweerl. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 above shall be governed by the Federal Arbitration Act.

18. Venue/Forum Selection

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Clark County, Nevada (except for claims filed in small claims court).

Except where prohibited by law and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to the Service, or to your relationship with Tweerl that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Clark County, Nevada, U.S.A. You and Tweerl consent to the exercise of personal jurisdiction of courts in the State of Nevada and waive any claim that such courts constitute an inconvenient forum.

19. Indemnification

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Tweerl, our affiliates, and their and our respective officers, directors, agents, contractors, consultants and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

20. Entire Agreement

This Agreement, which includes the Privacy Policy and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Tweerl regarding your relationship with Tweerl and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 16 is still subject to and bound by any prior agreements to arbitrate with Tweerl as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Tweerl to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Tweerl account is non-transferable and all of your rights to your account and its Content terminate upon the event of your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Tweerl in any manner.