Please read these Grid Rewards Terms of Service (the "Terms") carefully and retain them for your future reference. These Terms contain the general terms, conditions and disclosures related to the rewards program (the "Program") made available by Hatfield, Inc. d/b/a Grid ("Grid"), to users that have a Grid Account (the "Account") and a Grid charge card (the "Grid Card") provided by Evolve Bank & Trust, Member FDIC.

When you see the words "we," "us," or "our" in these Terms, it refers to Grid and any of Grid's affiliates, successors, assignees, agents or service providers. When you see the words "you" or "your," it refers to you, the person who elects to earn Points on Qualifying Purchases by enrolling in the Program, who is responsible for complying with these Terms, as well as your personal representatives, executors, administrators, and successors.

These Terms describe how the Program works and are an agreement between you and Grid. By participating in the Program, you agree to be bound by these Terms, the terms of service for the App available at: https://getgrid.app/terms/, and the Privacy Policy, each of which is a legally binding contract between you and Grid regarding your participation in the Program and is incorporated by reference herein. Interpretation of these Terms and any other Program Rules shall be at our sole discretion. Your participation in the Program is expressly conditioned upon your compliance with these Terms and with all present and future Program Rules, terms, regulations, policies and procedures that Grid may, in its discretion, adopt from time to time. The Program is void where prohibited by law. You agree that use of your Account or any feature of the Program indicates your acceptance of these Terms.

In these Terms, the following words have the special meanings below:

The Program is available to United States citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau and US Virgin Islands who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), have a valid Social Security Number or Tax Identification Number and have a Grid Account. The Program is only available to individuals for personal, family or household purposes and may not be used by a business in any form or used for business purposes. We may decline to provide access to the Program for any reason at our sole discretion. We are not liable for any damages or liabilities resulting from refusal of a Program relationship.

We may make changes to the Program and the Terms at any time and at our sole discretion. For example, we may temporarily or permanently prohibit you from earning Points, Converting Points in your Available Balance, or using any features of the Program at any time and at our sole discretion, and/or we may:

By enrolling in the Program and agreeing to these Terms, you expressly authorize us to act on your behalf as your agent and representative to access your consumer financial information in your Account and Card pursuant to Section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Through this authorization, we will collect information about your financial transactions on your Account and your Card for the purpose of facilitating the Program and your participation in it. Your consumer financial information will be collected, maintained, stored, and shared in accordance with our Privacy Policy, available at https://getgrid.app/privacy.

You'll earn Points when you, or an Authorized User use the Card to make eligible purchases of products and services, minus any returns or refunds ("Qualifying Purchases").

You will be eligible to earn 3 points per $1 spent at a vendor of your choice ("Bonus Vendor"). Your Bonus Vendor must be chosen in the App. You may change your Bonus Vendor once per calendar month for the next calendar month.You can also earn bonus Points ("Bonus Points") by referring friends to sign up for and use a Grid Account. The person who refers (the "Referrer") will be given 0.2 Bonus Points for every $1 spent on a Qualifying Purchase by the person they referred (the "Referee") as a bonus. For example, if you refer someone who makes a Qualifying Purchase of $100, you will receive 20 Bonus Points. In order for the Referrer to earn Bonus Points, a Referee must:

If you have earned more than 1 Point in a given calendar month based on the Qualifying Purchases made with your Card, plus any Bonus Points earned, but minus any returns or refunds for the preceding month, they will be posted to your Pending Balance within seven (7) business days following the end of the calendar month. Points are held in the Pending Balance for a period determined by Grid in its sole discretion after the Qualifying Purchase and cannot be Converted until after they are moved to the Available Balance. If you have returns or refunds more than Points earned from Qualifying Purchases or Offers or excess Points have been credited to your Account, no further Points will be posted to your Available Balance until your Points balance exceeds 0. For example, if you make $500 in Qualifying Purchases in a given month and you receive a refund for $600 worth of previous Qualifying Purchases for which Points were already credited to your Account, your Qualifying Purchases would be negative one hundred (-$100) and your corresponding Points would be negative one hundred (-100). In these circumstances, you will continue to accrue Points in your Pending Balance on Qualifying Purchases, but no Points will be posted to your Available Balance until you have earned in excess of the 100 Points necessary to cover the Points paid on refunded Qualifying Purchases. Grid may also choose to deduct points from your Pending Balance or your Available Balance to cover any negative Points balance.

Points have no cash value. 100 Points have a conversion value equal to $1. We reserve the right to change the conversion value of a Point from time to time, which we will disclose to you at the time of any conversion transaction (the "Conversion Rate"). Your Available Balance may only be redeemed by converting the Points to Dollars pursuant to the Conversion Rate. The Dollars you earn through a Conversion will be credited to your Account statement for the next calendar month. You cannot Convert Points in excess of your statement balance. We may offer additional ways to redeem your Points in the future. You must have at least $1 worth of Points in your Available Balance in order to be eligible to Convert Points. We may raise or lower this limit from time to time. Points may only be converted in full $1 increments. You may be taxed on your Conversion of Points depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program. We may need to collect certain identifying information from you in order to fulfill our tax reporting obligations, and in the event you refuse to provide such information, you may forfeit your Points.

Your Account must always remain in good standing in order for you to maintain your eligibility to participate in the Program. If your Account is blocked, suspended, or restricted for fraud or any other reason you will NOT be eligible to participate in the Program and you may lose your Points. Grid reserves the right to reject, revoke, cancel, terminate, or suspend any benefit and/or ability to participate in the Program, remove your Points, or take any other action under the law at its discretion, at any time with immediate effect and without written notice or liability to you, if Grid, in its sole discretion, believes: (a) you have (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program, including but not limited to identity theft, fraud, and/or money laundering; (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program; or (5) used or are using your Card to make non-personal business or commercial transactions or activities, including but not limited to manufacturing spend or any other such misconduct; or (b) Grid's provision of the Program and/or any associated benefits to you may violate any applicable laws to which Grid is subject from time to time. Any attempt to deliberately damage or undermine the legitimate operation of the Program or the App may be a violation of criminal and civil laws. Should such an attempt be made, Grid reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any Program Rules, or any misrepresentation by you may subject you to cancellation of your ability to participate in the Program and will affect eligibility for future participation in the Program. Grid reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event you defraud or abuse the Program, fail to follow any terms of the Program, or make any misrepresentations to Grid. Your Account is not a financial account and does not carry a balance in Dollars on your behalf; it merely (a) records a general unsecured commercial obligation to you by us, as described herein, and (b) allows us to coordinate your participation in the Program. No funds whatsoever are held on your behalf. By agreeing to these Terms, you represent that you understand that you do not have right, legal title or a security interest in any particular assets of Grid, and you understand and agree that the only remedies available to you for controversies arising from these Terms or your use of the Program generally will be at law and as a general unsecured creditor.

The Program has no predetermined termination date and may continue until such time as we, at our sole discretion, elect to designate a Program termination date. We may, in our sole discretion, terminate the Program, in whole or in part, at any time, with 30 days' notice, which may result in the cancellation of all Points, benefits and privileges associated with the Program. Subject to the Terms, you can still earn Points during the 30 day notice period. Such Points will be posted to your Account within 7 business days of the Program termination date and must be used within 30 days following the Program termination date. Following the Program termination date, you will no longer be able to earn Points. If you wish to cancel your participation in the Program, you may contact our customer service team at support@getgrid.app. If you elect to close your Account before you have Converted all of the Points in your Available Balance, we will make commercially reasonable efforts to give you an opportunity to Convert such Points, but you hereby acknowledge and agree that by electing to close your Account you abandon any claim and forfeit all rights to the remaining Points in your Account at that time. We shall not be liable to you for the value or value upon Conversion, if any, of any Points in your Account at the time you elect to close your Account.

Notwithstanding the foregoing, Grid's failure to exercise any of its rights under the Program Rules or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. Events beyond Grid's control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow Grid to suspend or terminate the Program. All dollar amounts referred to in these Terms are in U.S. dollars (USD). Grid may assign our rights and obligations under these Terms to a third party, who will then be entitled to any of our rights that we assign to them. We're not responsible for any disputes you may have with any Authorized Users about the Program. You agree to indemnify and hold Grid and its third party service providers and all of their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from your or an Authorized User's: use of the Program, any fraud or misuse of the Program, violation of these Terms, the Program Rules and/or violation of any applicable law or the rights of any third party. Any merchants and third party service providers that participate in the Program are not affiliated with us and are not sponsors or co-sponsors of the Program. All participating merchant and third party service provider names, logos, and marks are used with permission and are the property of their respective owners. Participating merchants and third party service providers are subject to change without notice. Any participating merchants and third party service providers are responsible for the quality and performance of any products or services they provide. Grid is not responsible for any aspects of the products and services provided by participating merchants or third party service providers. Points don't belong to you and are not your property. You can't transfer them to someone else's Account, you can't sell them, and you can't pass them on as part of a legal action, such as a divorce, an inheritance or bankruptcy. The Program is void where prohibited by federal, state, or local law. These Terms and use of the Program is governed by federal law, as well as the law of California, and will apply no matter where you live or use the Program.

We may send communications about the Program and marketing messages to you at any mailing or email address or phone number in our records or through our online services, such as SMS or the App. By providing your phone number and enrolling in the Program, you are providing Grid or our agents your signature expressly consenting to receive marketing messages, SMS, and texts, including by automated means, at the number provided, even if the number is on a corporate, state, or national Do Not Call list. You acknowledge and agree that you are not required to agree as a condition of any purchase or service, and you represent that you are at least 18 years old. To opt-out of marketing messages, please contact our Customer Service team at support@getgrid.app. Let us know right away about any changes to your contact information in the App. You agree that Grid and its third party service providers may listen to and record telephone calls as part of providing Program services.

BY ENROLLING IN THE PROGRAM, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS; (B) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST GRID, ITS PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") IN CONNECTION WITH THE PROGRAM AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE PROGRAM AND/OR THE APP, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROGRAM OR ANY OFFER OR BENEFIT OR EARN OR REDEEM POINTS, (II) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, PRINTING, ERRORS OF DESCRIPTION, ERRORS IN THE PROGRAM RULES OR ANY PROGRAM MATERIALS, AND ERRORS IN THE CREDITING ,DEBITING OR REDEEMING OF POINTS FROM YOUR ACCOUNT, (III) ANY CHANGE IN ANY BENEFIT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND GRID'S CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, TERMINATION, OR MODIFICATION OF THE PROGRAM OR ANY COMPONENT THEREOF, (V) HUMAN ERROR, (VI) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE APP, ANY COMPUTER SYSTEM, POS, COMPUTER TIMING AND/OR DATING MECHANISM, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY ANY OF THE RELEASED PARTIES OR BY YOU, (VII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY, (VIII) LOST, LATE, MISDIRECTED, DAMAGED OR DESTROYED CORRESPONDENCE, POINTS, OFFERS, DISCOUNTS OR ANY OTHER BENEFIT (OR ANY ELEMENT THEREOF), (IX) THEFT OR UNAUTHORIZED CONVERSION OR REDEMPTION OF POINTS, OFFERS, DISCOUNTS, OR OTHER BENEFIT, AND (X) ANY ACTS OR OMISSIONS BY YOU OR THIRD PARTIES INCLUDING NEGLIGENCE OR WILLFUL MISCONDUCT. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR THE ACCEPTANCE OR USE OF ANY BENEFIT. BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU, YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY POINTS, OFFER, REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PANDEMICS/EPIDEMICS, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE AMOUNT OF POINTS AT ISSUE. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 15. DISCLAIMER OF ALL WARRANTIES WITHOUT LIMITING THE FOREGOING, THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE PROGRAM, APP AND ALL POINTS, OFFERS, DISCOUNTS AND BENEFITS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED NEITHER GRIDNOR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. NEITHER THE PROGRAM NOR ANY BENEFIT OFFERED BY THE PROGRAM CREATES, CONSTITUTES OR GIVES RISE TO ANY LEGAL OR CONTRACTUAL RIGHTS BY YOU AGAINST GRID. YOUR USE OF THE PROGRAM IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS SECTION WILL SURVIVE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM.

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Terms should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from these Terms in such a manner as to enable the remaining portions of these Terms to remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms. It is expressly understood and agreed between you and Grid that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.

For an explanation of Grid's practices and polices relating to the collection, use, and storage of your personal information, please refer to Grid's Privacy Policy available at: https://getgrid.app/privacy. Grid, its agents, affiliates, subsidiaries, representatives or service providers may use your personal information for purposes of providing Points and/or for future marketing, such as to notify you of a product or promotion that may be of interest.

You and Grid agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 18 (the "Arbitration Provision"). As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by Email at support@getgrid.app and provide us with the opportunity to resolve your concern prior to initiating arbitration.

The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1 (800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1 (800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.

If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 18.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 18.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.

This Arbitration Provision shall survive the termination of these Terms. If any portion of this Arbitration Provision other than Section 18.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 18.7 are finally adjudicated pursuant to the last sentence of Section 18.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you Grid agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of California. Both you and Grid consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.