Terms of Service

Last Updated: December 12, 2025

IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION; CLASS ACTION AND JURY TRIAL WAIVER” SECTION BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR APP.

Introduction

Please review this page carefully. These Terms of Service (“Terms” or “Agreement”) constitute a legal contract between you and Before the Future LLC (“Before the Future,” “Company,” “we,” “us” or “our”) and govern your access to and use of the https://beforethefuture.ai/ website and its subdomains (collectively, the “Website” or “Site”), our mobile application (“App”), and all portals, products, software, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”).By using the Site, App or Services, you agree to these Terms. These Terms form a contract between you and Before the Future, and if you are using the Site, App or Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and such entity or individual will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Services. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age.

From time to time, Before the Future may decide to modify, add, or delete portions of these Terms and will post those changes here. If Before the Future does so, your continued use of the Site, App or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Before the Future reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. If you have questions regarding these Terms, please contact us at [email protected].

Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site, App and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy provides rights and options regarding the collection and sharing of your personal information depending on the jurisdiction in which you reside.

Additional Terms and Conditions

In connection with your use of the Site, App and Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. For instance, use of any software, technology, and accompanying documentation provided by Before The Future or otherwise available through the Site or App (collectively, the “Before The Future Technology”) is governed by the End User Terms and Conditions (the “T&C”), which can be found at https://beforethefuture.ai/end-user-terms-conditions, or a written, mutually executed services agreement intended to govern use of the Before the Future Technology by the Client. You may be required to agree to other supplemental terms or contracts to use our Services. Please read any supplemental policies and terms carefully before making any use of such portions of the Site, App or Services.

Any supplemental terms will not vary or replace these Terms regarding any use of our Site, App or Services unless otherwise expressly stated. If there is a conflict between these Terms and the T&C or an applicable written agreement, the T&C or applicable written agreement will control, but all portions of these Terms that are not in conflict with the T&C or applicable written agreement shall remain in full force and effect. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

Consent to Electronic Communications

By using the Site, App and our Services, you agree that we may communicate with you electronically regarding your use of the Site, App or Services and that any notices, agreements, disclosures or other communications that Before the Future sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].

Third Party Websites

The Site or App may contain links to third party websites that take you outside of the Before the Future websites and the Services (“Linked Sites”), including social media platforms, payment processors, customer support portals, cloud storage or collaboration tools, third-party integrations or plug-ins, developer documentation sites, analytics dashboards, training or knowledge base platforms or other websites or online services operated by third parties. These Linked Sites are operated by independent controllers who determine their own purposes and means of processing Personal Information.

We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Linked Sites, including without limitation with respect to the payment and delivery of software products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or in the App, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Site, App or the Services to take any action that could harm us or any third party, interfere with the operation of the Site, App or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site, App or the Services;
Collect or store personal data about other users of the Site, App or the Services or solicit personal information from any individual without proper rights or the consent of the individual;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, App or the Services or any activity conducted on the Site, App or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site, App or App. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Company’s or its users’ computers or systems;
Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
Violate, or encourage any conduct that would violate, any applicable law or regulation;
Engage in fraud or misuse of the Services;
Cause damage, embarrassment or adverse publicity to Company; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, App or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violating the security of the Site, App or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected.

Account Creation and Use

To access and use portions of the Site, App, our Services or the Before the Future Technology, we may require you to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone, and you agree to notify us immediately of any unauthorized access to or use of your Account. Note that access points for Before the Future Technology may not allow shared use, as set forth in the T&C or other rules or agreements applicable to the Site or App.

By creating an Account, you represent that you are using your account for a lawful purpose – you may not use your Account or the Site, App or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. All materials uploaded are subject to applicable federal, state, and international laws.

We may, in our sole discretion, cancel product or service orders, terminate your password, Account (or any part thereof) or use of the Site or App if you violate any of the terms of this Agreement. Before the Future will not be liable to you or any third party for any termination of your access to the Site or App for cause. If your status as a user of this Site or App is terminated, you will (i) stop using the Site and App and any information obtained from the Site or App, and (ii) destroy all copies of your account information, password and any information obtained from this Site or App.

Intellectual Property

This Site and App contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site or App, Before the Future or its third-party licensors own all Content on this Site and App, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site and App are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Before the Future.

Your use of the Site or App shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site and/or listings on an application store unless and until Before the Future gives you notice that you must discontinue linking to the Site or store. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, including the Before the Future name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site or App. The use of Content from the Site or App on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Before the Future’s prior written approval. You may not sell, resell or commercially use any portion of the Site, App, our Services or the Before the Future Technology with prior written approval.

For permission to use Content from the Site or App or from marketing material authored and distributed by Before the Future, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].

Submitted Materials

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Before the Future should be submitted securely, via secure upload, a file transfer protocol (FTPS), or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Before the Future does not wish to receive any confidential, proprietary, or trade secret information from you via the Site or App (including via contact email or forms made available on the Site or App). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site, App or via our social media (“Submitted Material”). Submitted Material does not include data uploaded into our Before the Future Technology, which is subject to the confidentiality provisions of our T&C or other written user agreement.

Accordingly, if you send us any Submitted Material, we may use the Submitted Material, including for commercial purposes, and you grant Before the Future a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented. If you send Before the Future any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Before the Future any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Before the Future to use Submitted Material as permitted by the license in this Section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, App or an application store, or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party’s right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
Violates any applicable local, state, national or international law, or advocates illegal activity.

Because Before the Future does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Company be liable in any way for Submitted Material made available through the Site, App or social media by you or any third party.

10.Claims of Infringement

Before the Future respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Before the Future will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Before the Future will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Before the Future Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Before the Future Designated Copyright Agent:

Before the Future LLC
Attn: Copyright Agent
18000 Studebaker Road, Suite 700
Cerritos, CA 90703

While Before the Future considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

11.Indemnification

You agree to defend, indemnify, and hold harmless Before the Future, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties, expenses, costs or other liabilities (the “Claims”) in any way associated with: (i) your use of and access to the Site, App or Services or any Before the Future Technology; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your Submitted Materials (as applicable), use of the Site, App or Services, or any other use of the Site, App or the Services using your computer, mobile device, or account credentials. You agree to promptly notify Before the Future of any third-party claims, and to cooperate with Before the Future in defending against any such indemnified Claims, and to pay all fees (including but limited to attorneys’ fees), costs of defense or settlement, or other expenses, relating to such third-party Claims.

12.Disclaimers

YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR APP OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE OR IN THE APP, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, APP OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, COMPANY DOES NOT WARRANT THAT THE SITE, APP OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, APP, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE, APP OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE, APP OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE OR APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13.Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL BEFORE THE FUTURE (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR APP) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE, APP OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF BEFORE THE FUTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE APP OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $500 OR THE AMOUNT OF FEES PAID TO BEFORE THE FUTURE IN THE PRIOR TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BEFORE THE FUTURE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEFORE THE FUTURE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR APP, YOUR SOLE REMEDY IS TO STOP USING THE SITE AND APP.

14.Release

If you have a dispute with us or one or more users of the Site, App or the Services or other acts or omissions of third parties, you release Before the Future (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY 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 OR RELEASED PARTY.

15.Statute of Limitations

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, APP OR SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.Termination

Before the Future reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, App, Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site and App or by notifying us in writing if you have an Account with us (subject to the terms of your agreement). Before the Future also reserves the right, in its sole discretion, to cease providing the Site, App or Services at any time.

17.Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

18.Applicable Law; Jurisdiction/Venue

These Terms will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Site or App, you waive any claims that may arise under the laws of other countries or territories.

19.Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Site, App, Services, or these Terms (including, without limitation, the Privacy Policy), Before the Future and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You must provide a written demand and identify the dispute and the resolution you are seeking. If you and Before the Future do not resolve any dispute by informal negotiation within 60 days of your written notice, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Los Angeles, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Los Angeles, California. The arbitration may be conducted in person or remotely. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and Before the Future understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Before the Future will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

Administrative Coordination of Related Individual Arbitrations. Notwithstanding the class-action waiver above, if multiple individual arbitration demands are filed that involve materially similar or overlapping facts or legal issues and are submitted by the same counsel or coordinated counsel, either party request that JAMS or the arbitrator implement administrative coordination procedures to promote efficiency. Such procedures may include: (1) assignment of related matters to the same arbitrator; (2) coordinated or consolidated scheduling, discovery, or motion practice; (3) joint resolution of common issues of law or fact; and (4) any other procedures permitted under California law and the JAMS Rules that reduce duplication while preserving the individual nature of each claim.

Bellwether Process. If ten (10) or more similar arbitration demands are filed by the same counsel or coordinated counsel, the arbitrator may direct that a reasonable number of individual cases proceed first as bellwether matters, with the remaining cases stayed pending those outcomes and any associated filing or administrative fees deferred until the stay is lifted.

These procedures are solely for administrative efficiency and do not authorize class, collective, representative, or aggregated proceedings; each claim must remain an individual arbitration.

No arbitration may be conducted as a class, collective, representative, or aggregated proceeding, and no arbitration will be combined with another for purposes of adjudicating the merits of multiple claims together without the prior written consent of all parties. For clarity, this does not restrict the administrative coordination procedures described above.

To the extent permitted by law, any claim or dispute under this agreement must be filed within one (1) year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that Before the Future is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Before the Future understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

20.General

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Before the Future may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and Before the Future. Before the Future does not guarantee continuous, uninterrupted or secure access to this Site, App or the Services, and operation of the Site or App may be interfered with by numerous factors outside of its control. Before the Future’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Prohibited Conduct; Account Creation and Use; Intellectual Property; Submitted Materials; Claims of Infringement; Indemnification; Disclaimers; Limitation of Liabilities; Release; Statute of Limitations; Severability; Applicable Law; Jurisdiction/Venue; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

21.ADA Compliance Comments and Suggestions

We are committed to making the website’s content accessible for all. We have included code for web accessibility, which includes user-controlled settings for changing contrast and saturation, highlighting links, making text bigger, changing text spacing, pausing animations, hiding images, changing text fonts, and other settings. We hope these tools will make the content on our website more readily accessible to all users. We know that sometimes accessibility links or codes may get broken and/or not function properly. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the feature you feel is not fully accessible or give us a suggestion for improvement. We take all feedback seriously and will consider it as we evaluate ways to accommodate all our customers.

22.Electronic Commercial Service Disclosure

Under California Civil Code Section 1789.3, California users of the Before the Future services are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of the service is listed below in our Contact Us section. We do not charge you for the use of our website. If you have a question or complaint regarding our Services, please contact us directly using the information below.

If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23.Contact Us

If you have questions about these Terms or the Services, you may contact us as follows:

Before the Future LLC
18000 Studebaker Road, Suite 700
Cerritos, CA 90703

Email: [email protected]

Phone: (562) 247-0297