Last Updated: May 5, 2025
These Terms of Service (the “ Terms ”) are a legal agreement between you and Takeoff, LLC, a Wyoming entity (“ Takeoff ”) regarding your use of the website located at takeoff.app and the Takeoff mobile application, and the links, content, and functionalities accessible via the site and mobile application (collectively, the “ Site ”), including your purchase of any items that are offered for sale through the Site. To make these Terms easier to read, any services we provide through the Site, including such purchases, are collectively called the “ Services .”
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW; OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”). “RESTRICTED TERRITORY” MEANS ANY STATE, COUNTRY, OR OTHER JURISDICTION THAT IS DESIGNATED BY THE U.S. SECRETARY OF STATE AS A COUNTRY SUPPORTING INTERNATIONAL TERRORISM, OR TO WHICH U.S. NATIONALS CANNOT LAWFULLY ENGAGE IN TRANSACTIONS AS DESIGNATED BY THE OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”), INCLUDING CUBA, IRAN, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, SYRIA, AND THE CRIMEA, DONETSK, AND LUHANSK REGIONS OF UKRAINE.
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED TO, AND DO NOT ATTEMPT TO, USE THE INTERFACE OR ANY RELATED SERVICES. USE OF A SCHEME OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN 15 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 14 (GOVERNING LAW AND FORUM CHOICE) OR RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY.
Agreement to Terms. By accessing the Site and/or using the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use our Services. Except as otherwise set forth herein, anything you purchase or transact in on the Site is non-refundable.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site and is incorporated by reference herein, for information on how we (or our third party representatives, service providers, or affiliates) collect, use, and share your information.
Changes to these Terms or the Site. We may update the Terms from time to time in our sole and absolute discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
Who May Use the Site? You may use the Site only if you are 18 years or older and capable of forming a binding contract with Takeoff, and not otherwise barred from using the Site under applicable law.
Feedback. We value your feedback on the Site, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios or other materials (collectively “ Unsolicited Ideas ”). This policy is aimed at avoiding potential disputes or misunderstandings when our Site might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
Takeoff's Intellectual Property. We may make available through the Site content (“ Content ”), including Content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights to that Content.
General Prohibitions and Takeoff's Enforcement Rights. You agree not to do any of the following:
Subject to applicable privacy laws, Takeoff is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Third Party Content and Services.
Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without liability or notice to you. Upon any termination, discontinuation or cancellation of these Terms or the Site, the following Sections will survive: 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18.
Taxes. You are solely responsible for determining what, if any, taxes apply to any transactions involving the Services, including your purchase, sale, or receipt of any cryptocurrencies.
Fees. You are responsible for all fees or charges (" Fees ") associated with the Services. Fees may include per transaction payments in connection with the Services, as set forth in the Services at the time of the transaction. The Fees may change at any time.
Warranty and Disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS,” ANY
REPRESENTATION, CERTIFICATION, GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE FOREGOING, TAKEOFF, OUR AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, OR LICENSORS (THE “ TAKEOFF PARTIES ”) EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE, INCLUDING WITH RESPECT TO ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT. THE
TAKEOFF PARTIES, INDIVIDUALLY AND COLLECTIVELY, MAKE NO WARRANTY THAT THE SERVICES
(INCLUDING ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS
OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE TAKEOFF PARTIES MAKE
NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF THE SERVICES (INCLUDING ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT). WE
MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR- FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY,
ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR
CONTENT ON THE SITE (INCLUDING ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT). ANY
RELIANCE YOU PLACE ON SUCH INFORMATION OR CONTENT IS STRICTLY AT YOUR OWN RISK.
WHILE TAKEOFF ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, THE TAKEOFF
PARTIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES (INCLUDING THIRD PARTY
SERVICES) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
VULNERABILITIES (COLLECTIVELY, THE “ MALICIOUS CODE ”). THERE ARE RISKS ASSOCIATED WITH
PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET (INCLUDING THE RISK OF
MALICIOUS SOFTWARE INTRODUCTION AND THE RISK THAT THIRD PARTIES MAY OBTAIN
UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET), AND, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, YOU ACCEPT AND ACKNOWLEDGE THAT THE TAKEOFF PARTIES
WILL NOT BE RESPONSIBLE FOR ANY BREACH OF SECURITY OR THE RESULT OF YOUR INTERACTION WITH
ANY MALICIOUS CODE AS A RESULT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE
SERVICES, INCLUDING YOUR ACCESS OR USE OF ANY THIRD PARTY SERVICES.
YOU UNDERSTAND AND ACCEPT THAT TAKEOFF DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL,
BLOCKCHAIN NETWORK, CRYPTOCURRENCY EXCHANGE, OR CRYPTOCURRENCY PLATFORM, NOR DOES
TAKEOFF CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY TAKEOFF AS PART OF
THE SERVICES AND IS IT ITSELF A THIRD PARTY SERVICE. YOU UNDERSTAND AND ACCEPT THAT TAKEOFF
DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR THE FUNCTIONING OF ANY BLOCKCHAIN
PROTOCOL, CRYPTOCURRENCY EXCHANGE, OR CRYPTOCURRENCY PLATFORM.
TAKEOFF IS NOT A BROKER, OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR
CUSTODIAN. TAKEOFF HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY USE
OF THE SERVICES. THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY. YOU ACCESS AND USE THE
SERVICES AT YOUR OWN RISK.
YOU UNDERSTAND AND ACCEPT THAT TAKEOFF DOES NOT CONTROL AND IS NOT RESPONSIBLE OR
LIABLE FOR ANY THIRD PARTY SERVICE OR THIRD PARTY CONTENT. YOU AGREE THAT YOU ALONE, AND
NOT TAKEOFF, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO
SUPPORTING ANY BLOCKCHAIN PROTOCOL, BLOCKCHAIN NETWORK, CRYPTOCURRENCY EXCHANGE, OR
CRYPTOCURRENCY PLATFORM, WHETHER THROUGH PURCHASING, TRADING, EXCHANGING, OR
SWAPPING CRYPTOCURRENCIES OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH
ANY THIRD-PARTY-DEVELOPED SMART CONTRACT, TOKEN, OR CRYPTOCURRENCY EXCHANGE OR
CRYPTOCURRENCY PLATFORM, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE
PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU
AGREE THAT TAKEOFF IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY
JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING TAKEOFF
OFFERINGS. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND
USING THE OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS AND PLATFORMS.
YOU UNDERSTAND AND ACCEPT THAT TAKEOFF OPERATES NON-CUSTODIAL SERVICES. WE DO NOT HAVE
ACCESS TO THE SECURITY KEY THAT PERMITS YOU TO ACCESS YOUR ASSETS AND WE ARE NOT ABLE TO
TAKE CUSTODY OF YOUR ASSETS. YOU ACKNOWLEDGE THAT YOU, AND NOT TAKEOFF, ARE RESPONSIBLE
FOR SAFEGUARDING THE SECURITY KEY THAT CONTROLS ACCESS TO YOUR ASSETS. IF YOU LOSE YOUR
SECURITY KEY, YOU MAY LOSE ACCESS TO YOUR WALLET AND ITS CONTENTS. TAKEOFF CANNOT INITIATE
A TRANSFER OF ANY OF YOUR ASSETS OR OTHERWISE ACCESS YOUR ASSETS. TRANSACTIONS INITIATED
THROUGH THE SERVICES ARE INITIATED BY YOU THROUGH YOUR WALLET AND COMPLETED THROUGH A
THIRD PARTY SERVICE.
YOU UNDERSTAND AND ACCEPT THAT TRADING IN CRYPTOCURRENCIES COMES WITH SIGNIFICANT
RISKS, INCLUDING VOLATILE MARKET PRICE SWINGS OR FLASH CRASHES, MARKET MANIPULATION, AND
CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE VALUE OF CRYPTOCURRENCY IS COMPLETELY
DERIVED BY MARKET FORCES OF SUPPLY AND DEMAND. YOU UNDERSTAND AND ACCEPT THAT
MEMECOINS ARE ENTERTAINMENT-BASED CRYPTOCURRENCIES AND ARE NOT A REPRESENTATION OF
STORED VALUE, A SECURITY, A COMMODITY, OR ANY OTHER REGULATED CURRENCY OR FINANCIAL
INSTRUMENT. FOR THE AVOIDANCE OF DOUBT, AND NOTWITHSTANDING ANYTHING ELSE IN THIS
AGREEMENT, TAKEOFF DOES NOT CREATE, OFFER, PROMOTE, OR OTHERWISE HAVE ANY RESPONSIBILITY
FOR ANY MEMECOIN, INCLUDING WITHOUT LIMITATION ANY CONTENT THEREIN. YOU ACCESS AND USE
ALL MEMECOINS AT YOUR OWN RISK.
IN ADDITION, CRYPTOCURRENCY MARKETS AND EXCHANGES ARE NOT REGULATED WITH THE SAME
CONTROLS OR CUSTOMER PROTECTIONS AVAILABLE IN EQUITY, OPTION, FUTURES, OR FOREIGN
EXCHANGE INVESTING. CRYPTOCURRENCY TRADING REQUIRES KNOWLEDGE OF CRYPTOCURRENCY
MARKETS. IN ATTEMPTING TO PROFIT THROUGH CRYPTOCURRENCY TRADING, YOU MUST COMPETE
WITH TRADERS WORLDWIDE. YOU SHOULD HAVE APPROPRIATE KNOWLEDGE AND EXPERIENCE BEFORE
ENGAGING IN SUBSTANTIAL CRYPTOCURRENCY TRADING.
ANY CONTENT IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY . THE
CONTENT IS NOT INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX OR INVESTMENT ADVICE OR
RECOMMENDATIONS. TAKEOFF IS NOT A FINANCIAL INSTITUTION, FINANCIAL ADVISOR, OR INVESTMENT
ADVISOR. TAKEOFF DOES NOT MAKE RECOMMENDATIONS OR OFFER INVESTMENT ADVICE OF ANY KIND.
AS A SELF-DIRECTED INVESTOR, YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS
ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED THROUGH THE SITE BEFORE MAKING ANY
DECISIONS BASED ON SUCH CONTENT. YOU AGREE NOT TO HOLD TAKEOFF OR ANY THIRD-PARTY
SERVICES LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY SELF-DIRECTED DECISION
YOU MAKE BASED ON THE CONTENT OR OTHER INFORMATION MADE AVAILABLE TO YOU THROUGH THE
SERVICE OR ANY THIRD-PARTY SERVICE WEBSITES. PAST PERFORMANCE DATA SHOULD NOT BE
CONSTRUED AS INDICATIVE OF FUTURE RESULTS. YOU SHOULD CONSULT YOUR FINANCIAL, LEGAL OR
TAX PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION.
WITHOUT LIMITING THE FOREGOING, THE TAKEOFF PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO
YOU AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES,
OR CLAIMS ARISING FROM: (I) BLOCKCHAIN PROTOCOLS OR NETWORKS, CRYPTOCURRENCY EXCHANGES
OR PLATFORMS, DIGITAL ASSETS WALLETS, OR CORRUPT FILES; OR (II) ANY THIRD PARTY SERVICES OR
ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR
OTHER MEANS OF ATTACK.
Indemnity. You will indemnify and hold Takeoff and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
Limitation of Liability.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and Takeoff are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and Takeoff each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution. PLEASE READ THIS SECTION 17 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND TAKEOFF TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. This Section 17 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Takeoff agree that any and all past, present and future disputes, claims or causes of action between you and Takeoff arising out of or relating to these Terms or the Services, the formation of these Terms or any other dispute between you and Takeoff or any of Takeoff's licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this Section 17 (collectively, " Dispute(s) "), will be governed by the procedure outlined below. You and Takeoff further agree that any arbitration pursuant to this Section 15 shall not proceed as a class, group or representative action.
(a) We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Takeoff each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
(b) Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; (ii) we each retain the right to seek injunctive or other equitable relief from a court as authorized in Section 14 solely to prevent (or to enjoin) the infringement or misappropriation of our intellectual property rights; (iii) we each may bring an action in a court as authorized in Section 14 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief; and (iv) either party may move to compel arbitration pursuant to this Section 15 or to enforce an arbitral award issued hereunder, in a court as authorized in Section 14 or in any other court of competent jurisdiction. (c) Conducting Arbitration and Arbitration Rules. You and Takeoff agree that JAMS (" JAMS ") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought (" JAMS Rules "). Those rules are available at http://www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Takeoff further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules (or JAMS Comprehensive Rules, as applicable per below), and we will not seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute is frivolous. (d) Proceedings Requiring Three Arbitrators. Notwithstanding any language to the contrary in Section 15(c), if a party either seeks a monetary award in excess of One Million Dollars ($1,000,000) or seeks an equitable form of relief that would significantly impact other Takeoff users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (“ JAMS Comprehensive Rules ”). Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section 15(d) shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or through the JAMS selection process – participate in the arbitral panel. You and Takeoff agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election. (e) Batch Arbitration. To increase efficiency of resolution, in the event twenty-five (25) or more similar arbitration demands against Takeoff, presented by or with the assistance of the same law firm or organization, are submitted to JAMS in accordance with the rules described above within a thirty (30) day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Rules by (a) grouping the arbitration demands into batches of no more than twenty-five (25) demands per batch (plus, to the extent there are fewer than twenty-five (25) arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as it is consistent with JAMS Rules. You agree to cooperate in good faith with Takeoff and JAMS to implement such a batch approach to resolution and fees. (f) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR Takeoff SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SECTIONS 15(D), (E) OR (F) OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION. (g) Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“ Class Action and Collective Arbitration Waiver ”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.