Terms of Use

Effective: 07/10/2025

These terms of use (the “Terms”) are entered into by and between you (“you” and “your”) and Jennifer Lyter, LLC (“Jennifer Lyter,” “we,” “us,” or “our”). These Terms are a binding legal contract between you and Jennifer Lyter and govern your access to, engagement with and use of Jennifer Lyter’s public-facing website located at jenniferlyter.com (the “Site”), Content (as defined below in Section 5), and your purchase and/or engagement with any of Jennifer Lyter’s offerings and services, including but not limited to tarot readings, akashic record readings and mediumship sessions (the “Offerings”). These Terms refer to the Site, Content, and Offerings, collectively as the “Services”. Use of the Services is governed by these Terms and the Jennifer Lyter, LLC Privacy Policy, where the Privacy Policy describes the personal information (also referred to as personal data) that we collect and how we use and share it.

Please read the Terms carefully before you start to use the Services. BY CLICKING TO ACCEPT, OR ACCESSING, ENGAGING WITH, OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND THAT YOU HAVE READ THE PRIVACY POLICY (IN EACH CASE AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS HEREOF). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.

PLEASE BE ADVISED THAT JENNIFER LYTER DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 14 (DISCLAIMER) AND 15 (LIMITATION OF LIABILITY) FOR FURTHER INFORMATION.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST JENNIFER LYTER. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME. Please review the “Changes to the Terms” section below for more information.

1. NOT A MEDICAL, LEGAL OR FINANCIAL SERVICE; NOT INTENDED AS TREATMENT OR ADVICE

WHILE WE ARE COMMITTED TO YOUR HEALTH AND WELL BEING, YOU UNDERSTAND AND AGREE THAT JENNIFER LYTER IS NOT OPERATING AS A LICENSED THERAPIST AND THAT THE SERVICES ARE NOT THERAPY, DO NOT SUBSTITUTE FOR THERAPY, AND DO NOT PREVENT, CURE, OR TREAT ANY MENTAL DISORDER OR MEDICAL DISEASE. THE SERVICES CANNOT PROVIDE YOU WITH PSYCHOLOGICAL OR PSYCHIATRIC COUNSELING, MEDICAL ADVICE OR DIAGNOSIS. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A MENTAL HEALTH PROFESSIONAL OR PHYSICIAN FOR SUCH AN EVALUATION. YOU ALSO UNDERSTAND AND AGREE THAT JENNIFER LYTER IS NOT OPERATING AS A LICENSED ATTORNEY OR FINANCIAL ADVISOR AND THAT THE SERVICES DO NOT CONSTITUTE LEGAL OR FINANCIAL ADVICE. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR CREATING AND IMPLEMENTING YOUR OWN PHYSICAL, MENTAL AND EMOTIONAL WELL-BEING, DECISIONS, CHOICES, ACTIONS AND RESULTS ARISING OUT OF OR RESULTING FROM THE SERVICES AND INTERACTIONS WITH JENNIFER LYTER. AS SUCH, YOU AGREE THAT JENNIFER LYTER IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTION, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY SERVICES PROVIDED BY JENNIFER LYTER.

2. ELIGIBILITY

The Services are offered and available to users who are 18 years of age or older. By accessing, engaging with or using the Services, you represent that you are at least 18 years of age. You also represent that you have not been previously suspended from or prohibited from using the Services and that your use of the Services is in compliance with any and all applicable laws.

3. CHANGES TO THE SERVICES; MODIFICATION OF THESE TERMS

JENNIFER LYTER MAY MAKE CHANGES TO, AND/OR DISCONTINUE OR SUSPEND, ANY OF THE SERVICES AT ANYTIME WITHOUT NOTICE. YOU AGREE THAT JENNIFER LYTER WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGES, SUSPENSION OR DISCONTINUANCE OF THE SERVICES (OR ANY PART THEREOF).

JENNIFER LYTER RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS AT ANY TIME. IF JENNIFER LYTER MAKES ANY SUCH CHANGES, JENNIFER LYTER WILL POST UPDATED TERMS ON THE SITE. IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS, WE WILL NOTIFY YOU AS REQUIRED UNDER APPLICABLE LAW, SUCH AS BY POSTING A NOTICE OF THE CHANGES ON THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY VISIT AND REVIEW THESE TERMS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES. IF YOU DO NOT CEASE USING THE SERVICES FOLLOWING THE DATE WE POST THE UPDATED TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

4. PRIVACY AND PERSONAL INFORMATION

For information about Jennifer Lyter’s data protection practices, please read Jennifer Lyter’s Privacy Policy. This Privacy Policy explains how Jennifer Lyter handles your personal information and protects your privacy. Please read the Privacy Policy carefully for information relating to Jennifer Lyter’s collection, use, and disclosure of personal information. Your personal information will be collected and processed in accordance with our Privacy Policy.

5. ACCESS AND USE OF THE SERVICES

Subject to your compliance with these Terms, Jennifer Lyter grants you a limited, personal, non-exclusive, non- transferable, non-sublicensable, and revocable license to access, view and use the Site and Content solely for your own personal non-commercial use.

Jennifer Lyter and its licensors retain all right, title and interest in and to the Site, including, without limitation, any and all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site or by Jennifer Lyter (collectively, the “Content”). All Jennifer Lyter trademarks are strictly owned by Jennifer Lyter, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any Jennifer Lyter trademark without written authorization from Jennifer Lyter. The names of actual companies and products mentioned within the Site and/or Content may be the trademarks of their respective owners. Jennifer Lyter reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Jennifer Lyter. The Content and Site, and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and/or any Content.

Our Site contains Content that we create and may also contain Content provided by third parties. We do not monitor or endorse and are not liable for any third-party Content. There may be inaccuracies or errors in the Content, and we do not guarantee the accuracy, integrity, completeness or quality of the Content on our Site or located at third party URLs that may be posted on our Site or in the Content.

To the extent that Jennifer Lyter offers any downloadable Content, such as Content transferred or made available via a downloadable file or link, you agree not to (i) modify or create derivative works of the downloadable Content, (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the downloadable Content, and (iii) remove any copyright and other proprietary notices on the downloadable Content and all copies thereof.

All rights not expressly granted are reserved by Jennifer Lyter.

6. COPYRIGHT INFRINGEMENT

It is Jennifer Lyter’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been violated, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is Jennifer Lyter’s policy to revoke and prohibit access to repeat infringers.

7. ACCEPTABLE USE

As a condition of your use of the Services, you warrant to Jennifer Lyter that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Specifically, you are not allowed to (directly or indirectly): (i) resell or otherwise make commercial use of the Services; (ii) collect or use any images, descriptions, or other Content included in or made available via the Services, or any portion thereof, except as permitted by these Terms; (iii) copy, imitate, distribute, publicly perform, or publicly display the Services, or any portion thereof or use the Services, or any portion thereof, to directly or indirectly develop any product or service that competes with the Services; (iv) use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (v) impersonate or attempt to impersonate Jennifer Lyter or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing), falsely claim an affiliation with any person or entity, engage with the Services via bots or other automated means, or perform any other fraudulent activity; (vi) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Jennifer Lyter, may harm Jennifer Lyter or users of the Services, or expose us or them to liability.

Additionally, you are not allowed to (directly or indirectly): (vii) use data mining, robots or similar data gathering or extraction methods on the Site; (viii) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Site; (ix) introduce into the Site any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system or attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (x) remove or alter any proprietary notices or labels on or in the Site and/or Content; (xii) download (other than page caching) any portion of the Site and/or Content or any information contained therein, except as expressly permitted on the Site and by these Terms; (xii) use the Site and/or Content in any manner that could damage, disable, overburden, or impair the Site; or (xiii) use the Site and/or Content other than as expressly permitted in these Terms.

You may not use the Services in any manner that would violate any applicable laws, rules or regulations.

If we provide Content for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, and not for further reproduction, publication, or distribution, provided you agree to be bound by our end user license agreement.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

8. FEEDBACK

Jennifer Lyter shall be entitled to unrestricted use of any and all comments, suggestions, ideas, notes, drawings, concepts, problems or other information with respect to the Services disclosed or offered by you to us (collectively, “Feedback”). We may use the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback.

9. PURCHASES AND PAYMENTS

Payments. When you make a purchase, you authorize us to charge the credit card, debit card, or other payment account you provide. You may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address. By making a purchase, you represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to use and provide the information to third-party service providers, including Payment Processors, to facilitate your purchase. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Right to Refuse or Cancel. We reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to: Service availability, errors in the description or price of the Offering, error in your order, suspected fraud or unauthorized or illegal transaction or other reasons.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of any applicable taxes related to your purchases. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Payment Processors. We use a third party-payment processor (“Payment Processor”), such as Square, to process payment (e.g., card acceptance, merchant settlement, and related services). By submitting your information, you grant us the right to provide the information to these Payment Processors. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, and by making any purchase through the Services, you agree to be bound by the terms and policies of the applicable Payment Processor.

No Refund Policy. You acknowledge and agree that no refunds are available for any reason after booking, registering for, or purchasing any Offerings. You acknowledge and agree that given the nature of the Offerings, there are absolutely no refunds or returns for any Offerings after the Offerings are provided.

10. POLICIES AND GUIDELINES FOR SERVICES

You agree to the Policies and Guidelines for working with Jennifer Lyter and engaging with the Services linked here and incorporated into these Terms by reference.

11. TERMINATION

Jennifer Lyter reserves the right, in its sole discretion, to terminate and/or suspend your access to the Services or any portion thereof at any time, for any reason, without notice.

12. LINKS TO THIRD PARTY SITES

The Site and/or Content may contain links to other third party websites which are not controlled or owned by Jennifer Lyter (“Linked Sites”). If you decide to access and use such Linked Sites, be advised that your use is governed solely by the terms and conditions of such Linked Sites, and Jennifer Lyter does not endorse, is not responsible for, and makes no representations as to such Linked Sites, their content or the manner in which they handle your data. Jennifer Lyter is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Linked Sites, or your reliance on the privacy practices or other policies of such Linked Sites.

13. AVAILABILITY OF THE SERVICES

Jennifer Lyter may restrict access to the Services, or portions thereof, in certain countries in its sole discretion, and the Services may not be available or accessible in all languages.

14. DISCLAIMER

THE SERVICES (AND ALL PARTS THEREOF), AND ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE". JENNIFER LYTER AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

JENNIFER LYTER AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT THE SERVICES (OR ANY PART THEREOF), OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY SITES OR APPLICATIONS; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE, COMPLETE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JENNIFER LYTER OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS OR INFORMATION BY YOU OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. JENNIFER LYTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY, PSYCHOLOGICAL/EMOTIONAL DISTRESS OR TRAUMA, OR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, METHODOLOGY OR SERVICES.

JENNIFER LYTER DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY LINKED SITES OR THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR ACCESSIBLE THROUGH THE SITE AND/OR CONTENT, AND JENNIFER LYTER WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY OPERATORS OF SUCH LINKED SITES.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JENNIFER LYTER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JENNIFER LYTER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL JENNIFER LYTER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE AND/OR CONTENT (OR ANY PART THEREOF), AND/OR ANY OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE, EXCEED ONE HUNDRED DOLLARS ($100.00). JENNIFER LYTER DISCLAIMS ALL LIABILITY OF ANY KIND OF JENNIFER LYTER’S LICENSORS AND SUPPLIERS.

16. APPLICATION OF DISCLAIMERS AND LIMITATIONS

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES, THE ABOVE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 14 (DISCLAIMER) AND 15 (LIMITATION OF LIABILITY) MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF JENNIFER LYTER FOR SUCH DAMAGES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

17. INDEMNIFICATION

You agree that you are solely responsible for (and that Jennifer Lyter has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Jennifer Lyter may suffer) of any such breach. Except as prohibited by law, you will hold Jennifer Lyter and its officers, directors, employees and agents harmless from and against any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; and (ii) your violation of any of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Services.

18. ARBITRATION

THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM. OTHER RIGHTS THAT YOU OR JENNIFER LYTER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Agreement to Arbitrate. You and Jennifer Lyter agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).

Opt Out. You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this arbitration agreement via email to jenniferlyter@gmail.com and include “Attn: Legal” in the subject line. Your notice must include your name and address, the email address you used to book your offering (if applicable), and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of the Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Notice of Claim. In the event of a Claim, you or Jennifer Lyter must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Claim, and a proposed solution (a “Notice of Claim”). Any Notice of Claim shall be delivered electronically according to the Notice provisions of these Terms and include the subject line “Notice of Claim.” You and Jennifer Lyter will attempt in good faith to resolve any Claim through informal negotiation within sixty (60) days from the date the Notice of Claim is sent. After sixty (60) days, you or Jennifer Lyter may commence arbitration.

Binding Arbitration. Any Claim which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Jennifer Lyter may otherwise agree, shall be submitted to and finally resolved by binding arbitration as described in this Section 18. YOU AND JENNIFER LYTER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, all Claims will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be the state and country of your residence. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CLAIM IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR JENNIFER LYTER WILL SEEK TO HAVE ANY CLAIM HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. YOU MAY FILE A CLAIM ONLY ON YOUR OWN BEHALF AND CANNOT SEEK RELIEF THAT WOULD AFFECT OTHER USERS. If there is a final judicial determination that any particular Claim cannot be arbitrated in accordance with the limitations of this Section 18, then only that Claim may be severed and brought in court. All other Claims remain subject to this Section 18.

Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Claim is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Jennifer Lyter and you agree to select a mutually agreeable alternative dispute resolutionserviceandthatsuchalternativedisputeresolutionserviceshallapplytheJAMSRules. Thearbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.

Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If Jennifer Lyter files, then Jennifer Lyterwillpay;ifyoufile,thenyouwillpayunlessyougetafeewaiverundertheapplicablearbitrationrules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Filing Period. To the extent permitted by law, any Claim under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Claim first occur. If a Claim is not filed within one year, it is permanently barred.

Venue. In the event that any Claim cannot be resolved by binding arbitration in accordance with this Section 18, you agree that such Claim will be filed only in the state or federal courts in and for California, and you and Jennifer Lyter hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding anything to the contrary in this Section 18, Jennifer Lyter shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

General. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable. This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non- class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.

19. GOVERNING LAW AND VENUE

These Terms shall be governed by, construed and enforced in accordance with, the laws of the State of California, without reference to its choice of law rules to the contrary. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Los Angeles County, California, in connection with any action arising out of or in connection with these Terms. Notwithstanding anything to the contrary herein, Jennifer Lyter may seek injunctive or other appropriate relief in any court with competent jurisdiction in any country, in the event of any actual or alleged violation of Jennifer Lyter’s intellectual and proprietary rights.

20. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving electronic communications from us, including, without limitation, notices sent via email and/or notices posted on or through the Site. These electronic communications may include notices about information concerning or related to your use of the Services. These electronic communications are part of your relationship with us, and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. GENERAL

Entire Agreement. The Terms constitute the entire agreement between you and Jennifer Lyter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described herein. These Terms will not be modified except in writing, signed by both parties, or by a change to the Terms or Privacy Policy made by Jennifer Lyter as set forth under the relevant Changes provision of these Terms.

Waiver. You agree that if Jennifer Lyter does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Jennifer Lyter has the benefit of under any applicable law), this will not be taken to be a formal waiver of Jennifer Lyter’s rights and that those rights or remedies will still be available to Jennifer Lyter. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

Notices. Jennifer Lyter may provide you with notices, including those regarding changes to the Terms, as described under the Section titled “Electronic Communications” in these Terms. Notice will be deemed given twenty-four hours after email is sent. Notices posted on the Site are deemed given 30 days following the initial posting. Any notices directed to Jennifer Lyter shall be sent via email to jenniferlyter@gmail.com and include “Attn: Legal” in the subject line. Such notice shall be deemed given when received by Jennifer Lyter.

Headings and Interpretation of Terms. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against Jennifer Lyter by virtue of having drafted them.

Force Majeure. Under no circumstances shall Jennifer Lyter or its licensors or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Jennifer Lyter may not disclaim under law.

Language. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.

No Assignment. Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Jennifer Lyter may freely assign these Terms and/or any of its obligations and/or rights hereunder; including, but not limited to, delegating the performance of any services hereunder to its affiliates and contractors.

Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

22. QUESTIONS

If you have any questions regarding these Terms, please send an email to jenniferlyter@gmail.com.

Jennifer Lyter, LLC DMCA Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

Procedure for Making Claims of Copyright Infringement

If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of the material that is claimed to be infringing and a description of the location on the Site reasonably sufficient to allow us to locate the material that you claim is infringing;

4. the name, address, telephone number and e-mail address of the complaining party;

5. a written statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

6. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices must meet the then-current statutory requirements imposed by the DMCA.

Notices and counter-notices with respect to the Services can be sent via email to Jennifer Lyter at: jenniferlyter@gmail.com.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA.