Effective: January 1, 2025.

SVCH offers products and services provided by Silicon Valley Certification Hub LLC (“SVCH”), our subsidiaries, and our international branches, (collectively, “SVCH,” “us,” “we,” or “our”). These Terms of Use (“Terms”) govern your use of our website, apps, and other products and services (“Services”). As some of our Services may be software downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates.

Please read these Terms carefully, and contact us if you have any questions, requests for information, or complaints. By clicking “I accept” (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST SVCH. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. THE TERMS OF THE ARBITRATION AGREEMENT SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.

1. Using SVCH

Who May Use Our Services
Any use or access by anyone under the age of 13 is strictly prohibited.

Additionally, you may use our Services only if you:

• Can form a binding contract with SVCH;
• Comply with these Terms, all applicable laws, and our policies (including the Acceptable Use Policy, Honor Code, course-specific eligibility requirements, and any other policies that may be applicable from time to time (“Policies”)); and
• Are over the age at which you can provide consent to data processing under the laws of your country. Certain regions and Content Offerings may have additional requirements and/or different age restrictions.

Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.

When you create your SVCH account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

Our License to You
Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by SVCH, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

Commercial Use
Any use of our Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with Silicon Valley Certification Hub LLC. Refer to our Partners page for more information. If you are an organization already using our Services, separate terms apply. These terms do not govern the relationship between your organization and SVCH.

2. Content Offerings

Changes to Content Offerings
SVCH offers courses, content (“Content Offerings”) and exams from our own property  and other providers (“Content Providers”). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. SVCH reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Content Provider instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit
SVCH does not grant academic credit for the completion of Content Offerings. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Content Offering. SVCH, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

Disclaimer of Student-Content Provider Relationship
Except as described in the Certificate Programs, nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers: (a) establishes any relationship between you and any Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any Content Offering offered by any Content Provider institution; or (c) entitles you to use the resources of any Content Provider institution beyond participation in the Content Offering.

3. Your Content

User Content
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with SVCH, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed onto the SVCH platform by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between SVCH and Content Providers, such Content Offerings are governed by the relevant agreements in place between SVCH and Content Providers.

How SVCH and Others May Use User Content
To the extent that you provide User Content, you grant SVCH a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting SVCH the right to authorize Content Providers to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights SVCH may have to User Content, for example under other licenses.

We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.

Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, SVCH does not waive any rights to use similar or related Feedback previously known to SVCH, developed by our employees, contractors, or obtained from other sources.

4. Security

We care about the security of our users. While we work to protect the security of your account and related information, SVCH cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing security@svch.io or submitting via our security reporting platform.

5. Third-Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. SVCH cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. SVCH disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.

6. Copyright and Trademark

SVCH respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the SVCH Copyright and Trademark Policy below following applicable law, including the Digital Millennium Copyright Act.

7. Education Research

SVCH is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

8. Paid Services from SVCH

SVCH offers paid Services (e.g., course certificates for certain courses) for a fee. Unless otherwise stated, fees are quoted in local currency. You are responsible for paying all fees charged by or for SVCH and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and SVCH reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Payments and Refund Policy below.

Certificate Programs
The Services may allow you to enroll in Certifications courses, micro courses and Professional Certificate Programs or similar programs offered by our Content Providers on the SVCH platform. Our Content Providers serve as the distance education providers of these programs and determine admissions, refund, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our Content Provider in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our Content Provider, our Content Provider’s policies shall govern.

Depending on the program, tuition and fee payments for these programs may be collected by SVCH or our Content Partners. If your payment method fails or your account is past due, we or our Content Partners may collect tuition and fees using other collection mechanisms. Tuition and fees may vary based on your location and other factors, and SVCH and its Content Partners reserve the right to change any tuition and fees for future semesters or equivalent payment periods at their sole discretion. Refunds may be available for paid Services as described in our Refund Policy below. You are encouraged to research and consider whether the tuition and fees required for Content Offerings align with your professional and financial goals.

Professional licensure, certification, and job requirements for various professions may vary in each state and country, and job requirements may vary by employer. SVCH does not guarantee licensure, certification, or qualification for any profession or job on the basis of your completion of a Content Offering on SVCH. You are advised to research, understand, and comply with the requirements in the applicable state and/or country in which you work or intend to work, and to investigate whether the Content Offering in which you intend to enroll meets your academic and/or professional needs before enrolling.

9. Modifying or Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, SVCH may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments, or for commercial or reputational reasons. None of SVCH, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “SVCH Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SVCH PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SVCH PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SVCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE SVCH PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL SVCH’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY SVCH FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SVCH, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO SVCH’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Export Controls

By using our Services, you are warranting that you are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable U.S. laws and regulations, or laws of your local jurisdiction, preventing SVCH from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.

By using our Services, you are warranting that you are not named on, or controlled by anyone named on, any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you, or a party exercising control over you, are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to any country against which the U.S. has embargoed goods or services, or to an entity or person on any Sanctions List, or otherwise use the services in a manner that would be in violation of applicable laws.

Notwithstanding anything to the contrary in these Terms, SVCH may suspend performance of or terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section or if the continued provision of our Services to you may, in our sole discretion, result in our commercial or reputational harm.

13. Indemnification

You agree to indemnify, defend, and hold harmless SVCH from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

14. Governing Law and Venue

Except as provided below, the Services are managed by SVCH, which is located in Santa Clara County, California. You agree that these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions.

In the event of any dispute that is not subject to binding arbitration, you and SVCH will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute (except for small claims court actions which may be brought in the county where you reside).

To the extent you are located in the European Union, an EFTA country or the United Kingdom, the Services are managed by SVCH Europe B.V. You agree that these Terms will be governed by the laws of the Netherlands, excluding its conflicts of law provisions.

These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

15. Binding Arbitration and Class Action Waiver

If you live in the U.S. or another jurisdiction which allows you to agree to arbitration, you and SVCH 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, validity 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”). Claims will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as Claims that may arise after the termination of these Terms.

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.

Before filing an arbitration, you and we will try in good faith to informally resolve any Claims. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to consumer-arbitration@svch.org that includes (1) your name, phone number, username (if applicable), and email address for your account (2) a description of the Claim and how you’d like it resolved and (3) the name, telephone number, mailing address and e‐mail address of your counsel, if any. If we have a Claim with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and us must cooperate to schedule that meeting by phone or videoconference. At the option of a party, you and SVCH each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the Claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

YOU AND SVCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SVCH are instead electing that all Claims shall be resolved by arbitration under this arbitration agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this arbitration provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions of the subsection below related to batch arbitration. Notwithstanding anything to the contrary in this arbitration provision, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and SVCH agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Santa Clara County, California. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or SVCH from participating in a class-wide settlement of claims.

The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this arbitration provision and any arbitration proceedings. If Informal Dispute Resolution does not resolve satisfactorily within sixty (60) days after receipt of a Notice of Dispute, you and SVCH agree that either party shall have the right to finally resolve the Claim through binding arbitration. Any and all Claims shall be submitted for binding arbitration in accordance with the National Arbitration & Mediation (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), in effect at the time arbitration is initiated, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, and as modified by this arbitration agreement. The NAM Rules are currently available online at https://www.namadr.com/resources/rules-fees-forms/. In the event of any inconsistency between this arbitration provision and the NAM Rules, such inconsistency shall be resolved in favor of this provision.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). A Request to SVCH should be sent either by mail to 2440 West El Camino Real, Suite 500, Mountain View, CA 94040 or by email to consumer-arbitration@svch.org. A Request to you will be sent to your email address or regular address associated with your account. It is your responsibility to keep your contact information up to date. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and SVCH otherwise agree, an in-person hearing will be held in the county where you reside (for U.S. residents), Santa Clara County, California (for non-U.S. residents), or as determined by the arbitrator (in the case of batch arbitration). Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Claim or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

A single, neutral arbitrator selected in accordance with the NAM Rules shall decide all Claims. If the batch arbitration process is triggered, NAM will appoint the arbitrator for each batch. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. The arbitrator shall have exclusive authority to resolve any Claim, including, without limitation, disputes regarding the interpretation or application of the arbitration provision, including the enforceability, revocability, scope, or validity of the arbitration provision or any portion of the arbitration provision, except that all Claims regarding the class action waiver provision, including any claim that all or part of that provision is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Claim. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.

To increase the efficiency of administration and resolution of arbitrations, you and us agree that in the event that there are ten (10) or more individual requests for arbitration of a substantially similar nature filed against SVCH by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 requests per batch (or, if between ten (10) and ninety-nine (99) individual requests are filed, a single batch of all those requests, and, to the extent there are less than 100 requests remaining after the batching described above, a final batch consisting of the remaining requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by SVCH. You and SVCH agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, except as expressly set forth in this provision.

You and we agree that SVCH retains the right to modify this arbitration agreement in the future. Any such changes will be posted at www.svch.io/terms, and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if SVCH makes any future material change to this arbitration agreement, it will notify you. Your continued use of the SVCH website and/or Services, including the acceptance of products and Services offered on the website following the posting of changes to this arbitration agreement, constitutes your acceptance of any such changes.

Except as provided in the class action waiver section, a court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, and the remaining portions will remain valid and enforceable.

16. General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. With the exception of changes to the Binding Arbitration and Class Action Waiver Section, any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Content Providers

Our Content Providers and integrated service providers are third-party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

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.