October 16, 2013

This Privacy Policy describes the information Activehours collects about you, how we use and share that information, and the privacy choices we offer. This policy applies to information we collect when you register for Activehours, access or use our website, mobile applications, products, and services (collectively, the “Services”), or when you otherwise interact with us. As used in this Privacy Policy, the term "Site" includes: all websites and all devices or applications operated by Activehours that collect personal information from you and that link to this Privacy Policy; pages within each such website, device, or application, any equivalent, mirror, replacement, substitute, or backup website, device, or application; and pages that are associated with each such website, device, or application.

1. Collection of information

Activehours may collect the following categories of personal information about you, including but not limited to the following:

  • Registration Information: When you register for a Service, you will be asked for basic registration information, such as an email address and password.
  • Identification Information: You may also be asked to provide identification information to confirm your identity, including your first and last name, zip code and phone number.
  • Third-Party Credentials: You may also enter in certain passwords, usernames, account numbers, and other account information for third-party sites and Internet services ("Third Party-Sites").
  • Information from Third-Party Sites: In order to display information to you or to fulfill your requests for certain products and services through a Service, we may collect, on your behalf, your account and other personal information from Third-Party Sites that you register under your account via the Service. We may also collect information about you from credit bureaus, mailing list providers, publicly available sources, and other third parties.
  • Information Collected by Cookies and Web Beacons: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, count visits, understand usage, and determine whether an email has been opened and acted upon.
  • Technical and Navigational Information: We may collect your computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our web design and functionality.
  • Device ID: When you use the mobile versions of our Site, we may collect the unique device identifier assigned to that device by phone makers, carriers, or makers of the operating system (the "Device ID"). Device IDs allow app developers, and others to uniquely identify your device for purposes of storing application preferences and other data.

2. Use of your information

We may use the information you provide about yourself and about your Third-Party Sites to fulfill your requests for our products, programs, and Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you.

We may use your information to complete transactions you request, to verify the existence and condition of your accounts, or to assist with a transaction. For example, we may use the account information you provide or that we collect from Third-Party Sites to confirm your accounts are valid and to access funds from your accounts in connection with fulfillment of the Services.

We may use your information to improve and personalize the Services. For example, we may use your information to pre-fill form fields on the Sites for your convenience.

3. Sharing of information

We may share personal information about you as follows:

  • With third parties to provide, maintain, and improve our Services;
  • In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
  • To respond to subpoenas, court orders, or legal process;
  • In order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services;
  • To respond to claims that any posting or other content violates the rights of third parties;
  • In an emergency, to protect the health and safety of our Sites' users or the general public; or
  • As otherwise required by law.

4. Security

We take reasonable measures, including firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. No system, however, is perfectly secure.

5. Email communications

We may provide our registered customers with summaries of their Account Information and email alerts. We may also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Activehours or third-party goods or services.

Subscribers have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.

6. Changes to your personal information

If you wish to access personal information that you have submitted to us or to request the correction of any inaccurate information you have submitted to us, you may correct certain information via your user account. Alternatively, you can send an email that includes your contact information to support@activehours.com to request any corrections to your personal information.

You may also email us if you wish to deactivate your account, but even after you deactivate your account, we may retain archived copies of information about you for a period of time that is consistent with applicable law.

7. California privacy rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to support@activehours.com. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.

8. Changes to privacy policy

We reserve the right, at our discretion, to make changes to this Privacy Policy from time to time, so please review it frequently. You may review updates to our Terms of Service and Privacy Policy at any time via links on www.activehours.com. You agree to accept electronic communications and/or postings of revised versions of this Privacy Policy on www.activehours.com and agree that such electronic communications or postings constitute notice to you of the revised version of this Privacy Policy. Changes take effect immediately upon posting.

Got Questions?

If you have questions or concerns regarding this statement, or if you have any questions or suggestions, please contact support@activehours.com

October 16, 2013

These terms of service ("Terms of Service") constitute a legal agreement between you and Activehours, Inc., a Delaware corporation. As used in these Terms of Service, the words "you" and "your" refer to you, the user of Activehours’s website, device, or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Activehours. Any reference to "Activehours" in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term "Site" includes all websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.

1. Acceptance of Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Activehours; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a U.S. resident.

Activehours may modify this Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the activehours.com site. The Terms of Service will always indicate the date it was last revised. In addition, we will send you an email informing you of any changes in the Terms of Service prior to posting those changes. When you use the Service after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.

2. Privacy and your Personal Information

For information about Activehours’s data protection practices, please read Activehours's Privacy Policy, which is hereby incorporated into this Terms of Service. This policy explains how Activehours treats your personal information when you use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of the combination of your Login ID and password, which together allow you to access the Service. That Login ID and password, together with any account information, mobile number or other contact information you provide form your "Registration Information."

If you believe that your Registration Information or a device that you use to access any Site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us IMMEDIATELY at support@activehours.com.

4. Accuracy of and Changes to your Information

You agree to provide accurate profile information, including, as applicable, your name, physical address, email address, and Account Information, as defined in Paragraph 8 of these Terms of Service (“Profile Information”). You further agree to promptly update all your Profile Information whenever the information provided to us is no longer accurate. You can update your information by clicking on the settings link after you login. If you need help in changing your information, please email us at support@activehours.com. We are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Profile Information current.

5. Disclosure and Consent to Electronic Communications

You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by Activehours to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

  • these Terms of Service and any amendments, modifications, or supplements;
  • records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations;
  • disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
  • any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services; and
  • any other communication related to the Sites or Services.

Your access to this page through your device verifies that your device meets these requirements.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting support@activehours.com and stop using the Sites and Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

6. Service

Activehours offers various tools and functions through the Sites (the "Services"), that can assess the value of virtual assets such as accrued pay and benefits, rewards programs etc. (the "Virtual Assets") and allow you to


a) view the value of your Virtual Assets or
b) use the value for monetary transactions, by assigning to Activehours, the complete right, title and interest in those Virtual Assets ("Activating").

We may limit the total number of Virtual Assets that you can Activate at any given time or over a period of time. We may refuse to permit Activations if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services. If you fail to maintain a balance in your bank account that is sufficient to fund any payment that is due to us, we may refuse to make any subsequent payment for Virtual Assets Activated by you for as long as we determine to be necessary or appropriate.

7. Fees

There are no fees to use the Service. You may make voluntary additional payments in appreciation of the services rendered. These voluntary additional payments help fund Activehours.

8. Your Use of the Services

Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes.

When your Virtual Assets have been Activated, for valuable consideration, you sell and transfer to Activehours, all right, title and interest in and to those Virtual Assets. You warrant that the Virtual Assets are just and due and that you have not received payment for the Virtual Assets or any part of the Virtual Assets. You further warrant that if you receive payment for the assigned Virtual Asset, including by your employer, you will transfer those payments, or permit those payments to be transferred to Activehours.

By Activating Virtual Assets, you authorize us to charge your bank account for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments you initiate. Activehours reserves the right to charge your bank account at any time after the paycheck associated with Virtual Assets you have Activated has deposited into your account. Our failure to charge your bank account for Activated Virtual Assets within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Activehours harmless from any claims by any other owner of the account. If we are unable to access funds from your bank account to complete a payment that is owed to Activehours, you agree that:

  • you will reimburse Activehours immediately, upon demand, the transaction amount to the extent that it was not collected by Activehours;
  • you will reimburse Activehours for any fees imposed on us as a result of the failed transaction; and
  • you will reimburse Activehours for any fees we incur in attempting to collect the amount of the failed transaction from you.

Activehours is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate.

Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites (“Account Information”), and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.

In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.

Your access and use of the Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Activehours, in its sole discretion, may elect to take. In no event will Activehours be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.

9. Modification to Site or Services

Activehours reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. We reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member to the Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Activehours shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Sites or Services.

10. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Activehours through the Service, you are licensing that content to Activehours solely for the purpose of providing the Service. Activehours may use and store the content for the purpose of providing the Service to you. By submitting this content to Activehours, you represent that you are entitled to submit it to Activehours for use for this purpose, without any obligation by Activehours to pay any fees or other limitations.

By using the Service, you expressly authorize Activehours to access your Account Information maintained by identified third parties, on your behalf as your agent. Activehours will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Activehours to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms of Service and solely to provide the Account Information to you as part of the Service, you grant Activehours a limited power of attorney, and appoint Activehours as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ACTIVEHOURS IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, ACTIVEHOURS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

11. No Unlawful or Prohibited Use

As a condition of your use of the Sites and Services, you represent and warrant to Activehours that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service.

You agree that you will not:

  • assign or attempt to assign Virtual Assets that you do not have the complete right, title and interest in or that have already been assigned elsewhere;
  • use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services;
  • access the Sites by any means other than through the interface that is provided by Activehours for use in accessing the Sites;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.

If Activehours, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Activehours, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:

  • we may close, suspend, or limit your access to your account or ability to use the Sites or Services;
  • we may update inaccurate information you provided us;
  • we may refuse to allow you to use the Sites or Services in the future;
  • we may take legal action against you; and
  • we may hold you liable to Activehours for the amount of Activehours's damages caused by your violation of these Terms of Service.

Activehours, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.

12. Activehours's Intellectual Property Rights

All content included or available in connection with the Sites, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Activehours or the licensors or suppliers of Activehours and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the Sites may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Activehours or the appropriate licensor or supplier.

Any feedback, questions, comments, suggestions, ideas, or the like that you send to Activehours will be treated as being non-confidential and nonproprietary, and Activehours will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.

13. Disclaimer of Presentation and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTIVEHOURS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.

ACTIVEHOURS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ACTIVEHOURS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. ACTIVEHOURS IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Activehours does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Activehours makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Activehours shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

14. Limitation of Liability

ACTIVEHOURS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF ACTIVEHOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, ACTIVEHOURS'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.

15. Indemnification of Activehours

You shall defend, indemnify and hold harmless Activehours and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.

16. Governing Law & Forum for Disputes

These Terms of Service, and your relationship with Activehours under these Terms of Service, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Activehours, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Activehours may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Activehours is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.

You also acknowledge and understand that, with respect to any dispute with Activehours, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms of Service:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

17. Miscellaneous

If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.

You agree that if Activehours does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Activehours has the benefit of under any applicable law), this will not be taken to be a formal waiver of Activehours's rights and that those rights or remedies will still be available to Activehours.

All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.

These Terms of Service represents the entire understanding and agreement between you and Activehours regarding the subject matter of the same, and supersedes all other previous agreements.