Beans Maps for Apartments
Copyright © One Hundred Feet, Inc.

Terms of Use

NOTICE: YOUR USE OF AND ACCESS TO OUR SERVICES (AS DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Effective date: November 21, 2019

Welcome to One Hundred Feet. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"), including without limitation our navigation software application. For clarity, a separate set of terms and conditions applies if you are currently performing or would like perform Mapping Services (as defined therein), available here.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at legal@beans.ai, (650) 353-5014 and 248 Homer Ave., Palo Alto, CA 94301. These Terms of Use, together with the Privacy Policy and the Copyright Dispute Policy [insert links], (collectively, the "Terms") are a binding contract between you and One Hundred Feet, Inc., ("One Hundred Feet," "we" and "us"). You represent and warrant that you are an individual of legal age to form a binding contract. These Terms do not apply to your use of the Services if you are an entity, and you may not use the Services unless you sign a separate agreement with One Hundred Feet.

You must agree to and accept all of these Terms, or you don't have the right to use the Services. These Terms, as they may be updated from time to time, will remain in effect while you use the Services.

About the Services

You understand, acknowledge and agree that the Services is not intended to be relied upon, and shall not be used, for the provision of services in response to any public safety risk or other emergency, including but not limited to firefighting activities, medical support services, or any response to a 911 call ("Emergency Services").

In addition (and as further set forth below), use, reproduction, modification, distribution or storage of any Content other than purposes of using the Services is expressly prohibited without our prior written permission.

Will these Terms ever change?

These Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

One Hundred Feet takes the privacy of its users very seriously. For the current One Hundred Feet Privacy Policy, please click here.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at legal@beans.ai.

What are the basics of using One Hundred Feet?

You may access the Services by downloading our app from the iTunes store or the Google Play store.

In order to use the Services, you may be required to sign up for an account and select a password and user name ("Account Credentials"). You may not create an account, select Account Credentials, or otherwise use the Services using any name, information, account or Account Credentials that you do not have a right to use, or using another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. Each user may only create one account, and we reserve the right to suspend any additional or duplicate accounts created. You are solely responsible for any activity associated with your account.

You will only use the Services for your own internal, personal, non-commercial use, in a manner that complies with all laws that apply to you and any other policies or guidelines set forth by One Hundred Feet. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

Without limiting the foregoing, you shall not do any of the following in the course of using the Services: (i) use the Services for Emergency Services; (ii) trespass upon real or personal property, or gain or attempt to gain access to any property or location where you not have a right or permission to be; (iii) violate any rights of privacy; (iv) engage in conduct that is deceptive (such as by misrepresenting your identity); (v) violate any posted rules or regulations on any premises; (vi) carry any weapons (including large knives or guns) or otherwise endanger the safety of any person (including themselves) or property; or (vii) otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.

Does use of the Services cost anything?

Use of the Services is currently free for individual users (but not for entities, who must sign a separate agreement with One Hundred Feet governing any entity's use of the Services). However, we reserve the right to charge for usage of the Services by any individual in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such use.

Your use of the Services is subject to the following additional restrictions

Your use of the Services must comply with all of these Terms, including the following restrictions:

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, User Submissions (as defined below), and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including One Hundred Feet's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content other than purposes of using the Services is expressly prohibited without prior written permission from us. You understand that One Hundred Feet owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit the Services.

The Services may allow you to copy or download certain Content; please remember that even where these functionalities exist, all of the restrictions in these Terms (including in this section) still apply.

You represent, warrant, and agree that you will not provide or contribute any Content or otherwise use or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including One Hundred Feet);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your One Hundred Feet account or anyone else's (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Servicess' infrastructure);
  8. "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content (including bulk downloads of geocodes);
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
  11. Attempts to build an application or product that is competitive with any One Hundred Feet product or service;
  12. Pre-fetches, stores, indexes, caches, rehosts or reshares Content outside the Services;
  13. Creates content from our Content, including through tracing, digitizing, or creating other datasets based on our Content;
  14. Bypasses any measures One Hundred Feet may use to prevent or restrict access to the Services or Content (or other accounts, computer systems or networks connected to the Services).

A violation of any of the foregoing, as determined by One Hundred Feet in our sole discretion, is grounds for termination or suspension of your right to use or access the Services.

You understand and agree that although One Hundred Feet has no obligation to monitor the Content on the Services, it may choose to do so, and that One Hundred Feet may take down, remove, or suspend any Content at any time, for any reason.

User Submissions. Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission". Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.) or that violate any law. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy link to the extent they relate to User Submissions that are also your personally-identifiable information. You acknowledge and agree that if you request that a User Submission be shared only in a manner that only certain specified users can view, then, except for User Submissions that are also your personally-identifiable information, we may, in our sole discretion, decline such request (including but not limited to if we consider such request impractical or unreasonable), provided that if we will inform you if we cannot abide by your request before sharing such User Submission in a manner so that users beyond those requested by you are able to view it. By submitting User Submissions through the Services, you hereby do and shall grant One Hundred Feet a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your ownership rights in your User Submissions. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You understand and agree that One Hundred Feet, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. Finally, if you provide us with any feedback, suggestions, improvements, enhancements, ideas, and/or feature requests relating to the Services (whether through a direct email or otherwise) ("Feedback"), then you grant Company a license to freely use, modify, copy, and distribute such Feedback for any purpose.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like One Hundred Feet, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here [insert link to Copyright Dispute Policy]. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk, and acknowledge and agree that One Hundred Feet is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by One Hundred Feet. When you access third party websites or use third party services, you accept that there are risks in doing so, and that One Hundred Feet is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

One Hundred Feet has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, One Hundred Feet will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that One Hundred Feet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between or among users on the Services, or between or among users and any third party, you agree that One Hundred Feet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release One Hundred Feet, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Will the Services ever change?

We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.

What if I want to stop using the Services?

You are free to do so at any time, by contacting us at [legal@beans.ai]. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using the Services.

One Hundred Feet is also free to terminate (or suspend access to) your use of the Services and/or your account for any reason in our discretion, including your breach of these Terms. One Hundred Feet has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of One Hundred Feet.

If you have deleted your account by mistake, contact us immediately at [legal@beans.ai] – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the One Hundred Feet App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of the entire Services, including the iOS applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:

  1. Both you and One Hundred Feet acknowledge that the Terms are concluded between you and One Hundred Feet only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that One Hundred Feet, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, One Hundred Feet, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and One Hundred Feet acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
  10. In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE; and
  11. Both you and One Hundred Feet acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Neither One Hundred Feet nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from One Hundred Feet or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES ARE NOT INTENDED TO BE RELIED UPON FOR ANY EMERGENCY SERVICES. THE SERVICES AND CONTENT ARE PROVIDED BY ONE HUNDRED FEET (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ONE HUNDRED FEET (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ONE HUNDRED FEET IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without One Hundred Feet's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with One Hundred Feet and limits the manner in which you can seek relief from One Hundred Feet. Both you and One Hundred Feet acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, One Hundred Feet's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

  1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. One Hundred Feet will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. One Hundred Feet will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  3. Small Claims Court; Infringement. Either you or One Hundred Feet may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, 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, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
  4. Waiver of Jury Trial. YOU AND ONE HUNDRED FEET WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and One Hundred Feet are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and One Hundred Feet over whether to vacate or enforce an arbitration award, YOU AND ONE HUNDRED FEET WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor One Hundred Feet is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
  6. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 248 Homer Ave., Palo Alto, CA 94301 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
  7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or One Hundred Feet to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both fyou and One Hundred Feet agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.
  8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with One Hundred Feet.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that One Hundred Feet may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and One Hundred Feet agree that these Terms are the complete and exclusive statement of the mutual understanding between you and One Hundred Feet, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of One Hundred Feet, and you do not have any authority of any kind to bind One Hundred Feet in any respect whatsoever.