HundredX, Inc. Terms of Use
Effective: August 13, 2013.  Last updated: May 21, 2024

Please read these HundredX, Inc. (“we” or “HundredX”) Terms of Use (these “Terms of Use”) carefully.

Please note: these Terms of Use apply to both  HundredX Causes¹ (HXC) Feedback Providers and Enterprise Solutions Feedback Providers², as defined below, notwithstanding the different user experiences with respect to those HundredX businesses, including the different ways in which those HundredX businesses may solicit, may collect, and may use data. To better understand this distinction, please see Section 2, below, which defines those terms. This paragraph is intended to clarify the distinction between HundredX’s two primary businesses; however, nothing in this paragraph shall limit the application of these Terms of Use with respect to other users, in addition to HXC Feedback Providers and Enterprise Solutions Feedback Providers. 

BY USING  THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION  WAIVER PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.

Section 1 – Terms.

These Terms of Use apply to use of the websites hundredx.com, hundredxinc.com, and/or other sites or subdomains, and HundredX social media sites, as well as any mobile applications, software, and native applications (collectively, the “Website”) by persons (“you” or “Feedback Providers”) who are accessing or using the Website, as well as persons who are either providing feedback in connection with participation in HundredX Causes (defined below) (“HXC Feedback Providers”) or our Enterprise Solutions Business (defined below) (“Enterprise Solutions Feedback Providers” and, with the HXC Feedback Providers, “Feedback Providers”). In connection with accessing or using the Website, registering an Account (as defined below), or becoming a Feedback Provider, you agree to be bound and will automatically become subject to these Terms of Use.

Section 2 – Certain Definitions.

As used in these Terms of Use:

“HundredX Causes” or “HXC” means our business aligning charities, schools and other non-profits or cause-based organizations (“Causes”) through feedback collection programs (e.g., over a 30-day period, or as otherwise prescribed) to obtain feedback from HXC Feedback Providers on over 3,000 different companies, businesses, products, brands, services and organizations (each a “Feedback Subject”) with each HXC Feedback Provider being able to submit feedback on multiple Feedback Subjects (e.g., up to 75 companies in a year) to generate a financial payment from HundredX to the Cause(s) that HXC Feedback Provider chooses to support, up to the total amount that HundredX has agreed to allocate to each specific Cause and/or program. We aggregate and anonymize that feedback to provide products and services (including analytics and insights) to HundredX’s data clients (our “Data Clients”).



Whereas, an HXC Feedback Provider must provide certain demographic information and may select from over 3,000 brands and business and submit up to 75 pieces of feedback during a 30-day period (subject to any specific program terms and annual participation limits), an Enterprise Solutions Feedback Provider may not be prompted for or required to submit any demographic information and may simply be asked to complete a single custom survey on behalf of a specific Enterprise Solutions Client.

Section 3 – Accounts.

You may need to register as a Feedback Provider and create an account (“Account”) to use all or part of the Website. We may reject or require that you change information that you provide to us in registering. Your Account is for your personal use only and should be kept confidential; you, and not HundredX, are responsible for any use or misuse of your Account, and you must promptly notify us of any confidentiality breach or unauthorized use of your Account. We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including the information provided in your Account profile. You may not transfer your Account to anyone else without our prior written permission, and you may only have one active Account at any time. We have the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.   

Section 4 – Changes.

We may change these Terms of Use at any time and will notify you of such changes by any reasonable means, including by posting revised Terms of Use through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or otherwise notified you of such changes. Your use of the Website following any changes to these Terms of Use will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms of Use were last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); change, modify or waive any fees required to use the Website; offer opportunities to some or all Website users; or amend or modify Section 17 (below) prior to the assertion of any claim.

Section 5 – HXC Eligibility.

HXC Feedback Providers participate in our HXC program to support a particular Cause identified when signing up for HXC. Each time an HXC Feedback Provider expresses feedback on a Feedback Subject, HundredX makes a payment to the identified Cause so long as (i) the Feedback provider has not already submitted 75 pieces of feedback within the last year as determined by HundredX in its sole discretion, (ii) that feedback meets certain quality standards (“Eligible Feedback”), and (iii) up to the total amount that HundredX has agreed to allocate to that Cause and/or that program (e.g., $10,000). To be clear, a Feedback Provider may participate in multiple HXC programs supporting different Causes in a year, but HundredX will not pay for more than 75 pieces of Eligible Feedback submitted by a single Feedback Provider, cumulatively, within that period. Moreover, the total payment to a Cause, if any, may be capped by written agreement between HundredX and the Cause, and may include and/or cover program related costs incurred by the Cause (including costs associated with any employee time to facilitate access to supporters), if any, which HundredX expects to be less than $500. HundredX reserves the right to exclude any piece of feedback from the HXC program that does not meet its quality standards (“Ineligible Feedback”), which are conveyed to the Causes that are benefitting from HXC programs. As determined by HundredX in good faith and at its reasonable discretion, Ineligible Feedback may include, but is not limited to: (i) excessive submissions by an individual(s) within a given time period (e.g., feedback submitted too quickly for questions to have been read and answers to have been thought through), (ii) excessive submissions by an individual(s) on a single business, (iii) partial submissions, (iv) feedback submitted by anything other than a sentient human being (e.g., a bot), (v) other abnormal submissions, or (vi) submissions that for any reason do not comply with these Terms of Use .



Section 6 – Age and Geographic Restrictions.

You may not be a Feedback Provider unless you are at least 18 years old. To participate in HXC as an HXC Feedback Provider, you must reside in the United States. If HundredX becomes aware that an ineligible person has registered for an Account, all feedback that such individual has provided will be deemed Ineligible Feedback, and HundredX may cancel that Account without notice.

Section 7 – Jurisdictional Issues.

We control and operate HXC, the Enterprise Solutions Business, and the Website from the United States. The Website may not be appropriate or available for use in non-U.S. jurisdictions. We do not intend to subject HundredX to any non-U.S. jurisdiction or law. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the availability of the Website at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Section 8 – Participation and Data Ownership

You represent that the information you provide during registration, and any other information you provide to HundredX in your Account profile, is accurate, current, and complete as of the date you provided it. You agree that any feedback you provide will be made in good faith and to the best of your abilities. This undertaking includes the following: (a) you must provide feedback truthfully and carefully; (b) you must not use another person’s Account to provide feedback; (c) you must personally provide feedback; and (d) you must not provide false or misleading feedback. As between you and HundredX, all feedback, data, and Submissions (defined below) collected or generated by HundredX will be owned by HundredX.

Section 9 – Rules of Conduct.

You are required to comply with these Terms of Use, and, in the event of your non-compliance, fraud, or other inappropriate activity (as determined by HundredX in its sole discretion), HundredX may cancel or invalidate your Account; deem any feedback you provide to be Ineligible Feedback (if you are an HXC Feedback Provider); or restrict, block, suspend, limit or otherwise prevent your ability to provide feedback.

In connection with the Website, you must not:

1. Post, transmit or otherwise make available through or in connection with the Website (including in connection with any feedback submission) any materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; (iv) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; or (v) material nonpublic or similarly confidential or proprietary information, to the extent you are employed by or otherwise have access to confidential and/or proprietary information of a Feedback Subject.
2. Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
3. Use the Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
4. Harvest or collect information about users of the Website.
5. Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
6. Restrict or inhibit any other person from using the Website.
7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein, without HundredX’s express prior written consent.
8. Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
9. Remove any copyright, trademark, or other proprietary rights notice from the Website.
10. Frame or mirror any portion of the Website or otherwise incorporate any portion of the Website into any product or service, without HundredX’s express prior written consent.
11. Systematically download and store content accessible through the Website.
12. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content accessible through the Website, or reproduce or circumvent the navigational structure or presentation of the Website, without HundredX’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, HundredX grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HundredX reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services you need to use the Website.

Section 10 – Comment Section; Submissions; Suggestions.

When you express your feedback using the HundredX platform, you have an opportunity to add text or verbatims, in your own words, that could include your opinions, positive or negative, about a Feedback Subject or an Enterprise Solutions Client, as applicable, or a third party or an individual who works for or is affiliated with a Feedback Subject or an Enterprise Solutions Client, as applicable, or another third party, or any other information you would like to provide (each, a “Submission”). We may provide those Submissions, word for word, either in their entirety or in excerpted form, to HundredX Clients, and otherwise use Submissions in accordance with these Terms of Use. As such, please do not include any information you would like to keep confidential, including sensitive personal information, in any Submission. If you disclose any personal information relating to other people to us or to our service providers in connection with the Website, you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms of Use and do so at your own risk

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Suggestions”), whether related to the Website or otherwise, such Suggestions will each be deemed a Submission, and you hereby acknowledge and agree that such Suggestions are not confidential, and that your provision of such Suggestions is gratuitous, unsolicited and without restriction, and does not impose any fiduciary or other obligation on HundredX. To the extent that these Terms of Use do not otherwise vest in HundredX all right, title and interest in and to all Submissions (or any other feedback or data collected or generated by HundredX), then, for each Submission (or such other feedback or data), you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission (or feedback or data collected or generated by HundredX), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission (or such feedback or data) that you may have under any applicable law under any legal theory. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Website, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further represent that your Submissions will not include any material non-public or otherwise confidential or proprietary information of any Feedback Subject. We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Website. HundredX has no control over and is not responsible for any third-party Submission, nor does HundredX assume the obligation to monitor such Submissions for accuracy, fairness or other content.

Section 11 – Proprietary Rights; Trademarks.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HundredX, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. Other than the right to use the Website in accordance with these Terms of Use, HundredX does not grant you any rights, by implication, estoppel or otherwise, in or to the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes.
2. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:



1. Modify copies of any materials from the Website.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by HundredX. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Our trade names, trademarks and service marks include, but are not limited to, “HundredX”, “HundredX Causes”, and any associated logos. All trade names, trademarks, service marks and logos on the Website not owned by us are the property of their respective owners. All tradenames, trademarks, service marks and logos of any Feedback Subject, HundredX Client, Cause or other third party belong to such person. Net Promoter, NPS, and the NPS-related emoticons are registered U.S. trademarks, and Net Promoter Score and Net Promoter System are service marks, of Bain & Company, Inc., Satmetrix Systems, Inc. and Fred Reichheld. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Section 12 – Third Party Materials and Sites; Links.

Certain functionality on the Website may make available access to information, products, services and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links, or redirect you to an external website or mobile application (“Third-Party Site”). By using such functionality, you are directing HundredX to access, route and transmit to you the applicable Third-Party Materials or Third-Party Site. We neither control nor endorse, nor are we responsible for, any Third-Party Materials or Third-Party Site, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any Third-Party Materials or Third-Party Site, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by HundredX with respect to any Third-Party Materials or Third-Party Site. We have no obligation to monitor any Third-Party Materials or Third-Party Site, and we may block or disable access to any Third-Party Materials or Third-Party Site (in whole or part) through the Website at any time. In addition, the availability of any Third-Party Materials or Third-Party Site through the Website does not create any legal relationship between you and any such provider. YOUR USE OF ANY THIRD-PARTY MATERIALS AND/OR THIRD-PARTY SITE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS AND/OR THIRD-PARTY SITE (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS AND/OR THIRD-PARTY SITE).

Section 13 – DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE, ANY THIRD PARTY SITE AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) HUNDREDX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, ANY THIRD PARTY SITE AND THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ANY PROJECTIONS, OUTLOOKS, OR ASSUMPTIONS SHOULD NOT BE CONSTRUED TO BE INDICATIVE OF THE ACTUAL EVENTS THAT WILL OCCUR. YOU SHOULD NOT RELY ON THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION, AND HUNDREDX IS NOT LIABLE FOR ANY DECISION OR ACTION BASED ON THE INFORMATION CONTAINED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. HUNDREDX IS NOT AN INVESTMENT ADVISOR, AND NOTHING CONTAINED HEREIN CONSTITUTES PROFESSIONAL OR INVESTMENT ADVICE ON THE PART OF HUNDREDX. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF HUNDREDX AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED PERSONS”) AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity, and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct, or secure, or that access to the Website will be uninterrupted or error free. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. The information on this Website may be changed, modified, terminated, or supplemented at any time without further notice.Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact us at info@hundredxinc.com with a description of such alteration and its location.

Section 14 – LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) HUNDREDX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, HUNDREDX WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND (1) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY THIRD PARTY SITE OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, OR (2) RESULTING FROM ANY ACTION TAKEN BY HUNDREDX DURING OR IN CONNECTION WITH ANY INVESTIGATION BY EITHER HUNDREDX OR LAW ENFORCMEENT AUTHORITES; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, ANY THIRD PARTY SITE OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE AND SERVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF HUNDREDX AND ALL AFFILIATED PERSONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF TEN DOLLARS ($10.00 USD) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO USE THIS SITE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH HUNDREDX AND THE AFFILIATED PERSONS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
 
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

Section 15 – Indemnity.

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless HundredX and the Affiliated Persons, and their respective successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of these Terms of Use by you.

Section 16 – Termination.

These Terms of Use are effective until terminated. HundredX may terminate or suspend your use of the Website at any time and without prior notice, for any or no reason, including if HundredX believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination or suspension, your right to use the Website will immediately cease, and HundredX may, without liability to you or any third party, immediately deactivate or delete your Account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2, 10, 11, 13 – 17, 18, 20 and 22 will survive any expiration or termination of these Terms of Use.

Section 17 – Governing Law; Arbitration; Class Action Waiver.

These Terms of Use are governed by the laws of the United States (including federal arbitration law) and the State of Texas, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE AND ALL RELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT HUNDREDX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING TO AND ACCEPTING THESE TERMS OF USE YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST HUNDREDX.

If you do not wish to be bound by this arbitration provision or class action provision, you may opt out.  In order to opt out of this arbitration provision or class action provision, you must notify HundredX in writing that you do not wish to resolve disputes with us by arbitration, or to give up your ability to participate in a class action, and such notice must be delivered by mail to Attn: HundredX, Inc. Legal, 14841 Dallas Pkwy, 9th floor, Addison, Texas 75254,

within thirty (30) days of (a) your creating an Account or (b) your acceptance of these Terms of Use.

Any arbitration will be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Websites, Inc. (“JAMS”) then in effect, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearance, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearance will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state, or local laws will remain available under this arbitration clause, unless you retain the right to pursue such remedies in court. As part of any arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms of Use, you consent to exclusive jurisdiction and venue in the state or federal courts located in Dallas County, Texas.

If you are a consumer (as defined under JAMS rules) and you initiate arbitration against HundredX, the only fee required to be paid is $250.00 USD (the approximate cost of court filing fees) and all other costs will be borne by HundredX, including any remaining JAMS Case Management Fee and professional fees for the arbitrator’s services. If HundredX initiates arbitration against you and you are a consumer (as defined under JAMS rules), HundredX will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees.

Section 18 – LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Section 19 – Information or Complaints.

If you have a question or complaint regarding the Website, please send an e-mail to info@hundredxinc.com . Please note that e-mail communications will not necessarily be secure, so you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Section 20 – Copyright Infringement Claims.

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 believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to HundredX a written notice by mail or e-mail, requesting that HundredX remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to HundredX a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent via e-mail to legal@hundredxinc.com or in writing to HundredX as follows: Attn: HundredX, Inc. Copyright Infringement Notice, 14841 Dallas Pkwy, 9th floor, Addison, Texas 75254. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.