1. Introduction.

Daily Muse Inc. (“”) is your ultimate career destination for exciting job opportunities, expert advice, a peek behind the scenes into fantastic employers, and access to amazing career coaches.

By creating an account or otherwise using the Services (as defined below) in any manner, you are entering into a legally binding agreement with , a Delaware corporation headquartered in New York, New York, as set forth in these Terms of Use (“Terms”). These Terms also include our Privacy Policy which is incorporated by reference.

You must be at least 16 years of age to use the Services. If you are under 16 years of age, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 16 years of age and we will not knowingly collect information from anyone under the age of 16. If the applicable law in the country or state in which you are using the Services requires that you be older than 16 to use the Services, then you must be at least the minimum age legally defined for such country or state in order to use the Services.

2.Services.

The “Services” collectively include the “Website” (meaning www.themuse.com and including all webpages, subdomains, and any successor or affiliated websites), emails, newsletters, and other communications, user accounts, job application services, Coach Connect Services, Content, any other products or services offered by , and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, questions, answers, or other content, whether created or posted by you, , a third party, or any other user.

3.Modifications.

We may update these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.

We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms.

4.Accounts.

While you are not required to provide your personal information to us, unless you create an account with us (a “Muse Account”) and give us certain personal information, we may not be able to provide you with access to, or use of, some of the Services. If you choose not to create or continue to maintain a Muse Account, you may still access certain features as a visitor to our Website. Your access and use of the Services, whether as a visitor or as a Muse Account holder, is subject to these Terms.

Your Muse Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a Muse Account. You are responsible for maintaining the confidentiality and security of your account information, including any usernames or passwords, and are solely responsible for the activity that occurs on your Muse Account. You may not create an account for someone else or allow someone else to use your Muse Account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any breach of security related to your Muse Account. If your Muse Account has been canceled by us, or you have been removed or otherwise blocked from the Website due to a violation of our Code of Conduct or for any other reason, you may not continue to use the Services.

You may cancel your Muse Account at any time by sending an email to customer care. If your Muse Account is cancelled, we have no obligation to maintain, delete or return to you any Content or personal information data you have posted through your use of the Services unless you specifically request such deletion in accordance with our Privacy Policy and have a legitimate right to such deletion under applicable law.

5.Job Applications.

allows you to get an inside look at employers, browse open positions, and apply to jobs. Some job postings on our Website allow users to complete and submit job applications directly through our Website. Other job postings on our Website will re-direct you to the applicable employer’s career page, where you will be able to submit an application without creating a Muse Account. Additionally, we may, but are not obligated to, provide your Muse Account with the option to save information for applying to jobs, such as a favorites list of employers, job openings to apply to later, and uploading a resume, cover letter, or other professional information. The collection of any such information is governed by our Privacy Policy.

6.Paid Services.

The Services include a variety of products and services that are free to use (“Free Services”), as well as certain products and services that require payment (“Paid Services”). We reserve the right to charge for Free Services or change the price for Paid Services, at any time. If you purchase any of our Paid Services, you agree to pay us any applicable fees and taxes and you agree to any additional terms that may apply. You hereby authorize the collection of such amounts either directly by or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Service. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third-party’s service and that third-party’s personal information collection practices.

Please note that is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. or its third-party payment processor may store and continue billing your payment method in order to charge you for other Paid Services you may buy.

7.Content; Licenses.

a. Your Content. We do not acquire ownership of the Content you post through the Services, but by posting any Content, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. You agree that this license includes the right for other users of the Services to modify your Content and for to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services. Such additional uses by or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all. If the Content you submit to the Services contains your personal information, your right to access that personal information is governed by our Privacy Policy.

b. The Website and Services also contain Content posted by and our licensors (“Muse Content”). We and our licensors retain all right, title and interest in and to such Muse Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any Muse Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Muse Content or Services without our prior written permission, regardless of whether it is created or owned by or a licensor to .

c.Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on the Website are Trademarks of and its third-party licensors. Display or use of any Trademarks on the Website or in the Services shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark without the prior written permission of or such third-party. You also agree not to use our trade dress, or copy the look and feel of the Website or its design.

d.Disclosure of Content. We reserve the right to access, read, preserve, and disclose any Content or information in accordance with our Privacy Policy.

8.Coach Connect Services.

Coach Connect is a Paid Service that can connect you with qualified career coaches (“Coach” or “Coaches”). You may purchase a variety of different Services offered by Coaches (“Coach Connect Services”), including, among others, resume review, career Q&A, and job search strategy.

Coaches are independent career consultants who offer consulting services for users of Coach Connect. They are not employees or agents of and we do not endorse or verify any Coaches or the Coach Connect Services provided by any Coach. The Coaches, and not , are solely responsible for honoring any Coach Connect Services purchased by you. If a Coach becomes unavailable to provide a purchased Coach Connect Service, you may be entitled to a refund. If you miss an appointment or fail to give at least 24 hours-notice of cancellation, the fees you paid for the Coach Connect Service may be forfeited. Please click here to see frequently asked questions about the Coach Connect Services including more information about cancellation policies. Except for the circumstances specified in these Terms, Coach Connect Services are non-refundable.

Coach Connect Services must be purchased in advance, and may be purchased individually or in packages. We will honor the price of a Coach Connect Service purchased for a period of 12 months from the date of purchase, even if we decide, in our sole discretion, to otherwise increase the price of such Coach Connect Service during that period. will not honor purchased Coach Connect Services which are not used within 12 months from the date of purchase.

Payments made for Coach Connect Services are transferred to the applicable Coach promptly following completion of the relevant Coach Connect Service, less any service fees charged by and any processing fees, if applicable.

For so long as offers Coach Connect Services, you hereby agree not to hire or otherwise engage any Coach to whom you are introduced via the Website other than directly through the Website. To the extent you breach the foregoing restriction, you and the applicable Coach shall be jointly and severally liable for any losses incurred by us as well as liquidated damages in the amount of $150 per breach, and will have no obligations or liability whatsoever in respect of any such engagements.

9.Links to Third-Party Sites.

The Website may direct you to third-party websites that are not owned or maintained by . We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.

10.Code of Conduct.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you agree that you will not:

Violate any local, state, provincial, national, or other law or regulation, or any order of a court.

Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Website or Services.

Conduct data mining, use machine learning tools or models, or train machine learning tools or models or use any other artificial intelligence technology on the Website.

Use any Content or data (including any associated metadata) for any machine learning and/or artificial intelligence purposes, including without limitation to train or develop artificial intelligence technologies, tools or machine learning language models.

Use artificial intelligence technologies, tools or machine learning language models to generate or combine any text, images or any other material or derivative works based on or using any Content or the Website.

Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Website or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.

Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity.

Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.

Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.

Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.

Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.

Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.

11.Disclaimers.

The disclaimers in this section apply to the maximum extent allowable under applicable law.

You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user or any Coach. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.

The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available through the Services is free of viruses or other harmful components; and (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.

12.Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, OR REPUTATION ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE ONE MONTH IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

13.DMCA Notices.

We respect the intellectual property rights of others and take copyright infringement seriously. We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Website or otherwise in our Services, please notify us via mail or email with a message which contains:

Your name and contact information, including your address, telephone number, and an email address;

The name of the party whose copyright has been allegedly infringed, if different from your name;

The name and description of the original work that is allegedly being infringed;

The location of the alleged infringing copy (such as the URL);

A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third-party who is legally entitled to authorize its use on behalf of the copyright owner) and is not otherwise permitted by law; and

A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at:

Attn: Legal
Lajpat Nagar II, New Delhi-110024
ask@aimascend.com

We review all infringement claims, determine their merit, and act accordingly.

14.Indemnification.

You agree to indemnify, defend and hold harmless , its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third-party or person, or your breach of these Terms or any representation or warranty contained herein. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify , and you agree to cooperate with ’s defense of these claims. will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15.Mandatory Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.
(i) Informal Dispute Resolution. For any and all disputes between you and , the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration. To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against that you initiate, you agree to send to (a) a written description of the dispute and (b) the email address(es) associated with your account or you use of the Services through the following email address: legal@themuse.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

(ii) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve the dispute, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@themuse.com. Except as set forth below, you and agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms — including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section (collectively, the “Arbitration Agreement”). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Section. This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth below. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(iii) Waiver Of Rights Including Jury Trial. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(iv) Class Arbitration and Collective Relief Waiver. YOU AND ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SUBPART (VII) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. If there is a final judicial determination that either the Class Arbitration and Collective Relief Waiver in this section, or that the provisions in this section are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court as provided herein, but shall be severed and stayed pending arbitration of the remaining claims.

(v) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

(vi) Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties). The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow the issues in dispute.

(vii) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against within reasonably close temporal proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless otherwise consents in writing, does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vii). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing.

(viii) Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Limitation of Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(ix) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legal@themuse.com. The notice must be sent within thirty (30) days of (a) April 4, 2024; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, will also not be bound by it.

(x) Changes. will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which does not have actual notice are subject to the revised clause.

(xi) Class Action Waiver. You may only resolve Disputes with on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Except as described in Section 15(vii), class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren’t allowed.

16.Miscellaneous.

These Terms, together with the Privacy Policy, and any other legal notices published on the Website, shall constitute the entire agreement between you and concerning your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by at any time without restriction. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, shall have the sole right to elect which provision remains in force. No waiver of any one provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and ’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Any inquiries about your rights under these Terms, or any matters regarding your privacy, can be directed to terms@themuse.com, privacy@themuse.com, respectively, or by mail to:

Attn: Legal
Lajpat Nagar II, New Delhi-110024