Terms and Conditions

These Terms of Service (the "Terms") form a legally binding contract between you and Glean LLC ( "Glean") and govern your access to and use of Glean's website, including any webpages, subdomains, and online services that link to these Terms (collectively, the "Platform") and the related features and services offered through the Platform (collectively, the"Services").

By accessing or using the Platform or Services, or by clicking a button or checking a box indicating acceptance, you agree to be bound by these Terms and acknowledge that Glean’s Privacy Policy is incorporated into these Terms by reference. You represent that you are at least eighteen (18) years old and have the legal capacity to enter into a contract. If you do not agree, do not use the Platform or Services.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Terms include an arbitration agreement and a class action waiver. Except for certain types of disputes described below, disputes must be resolved by binding arbitration on an individual basis, not in court. BY ACCEPTING THESE TERMS, YOU GIVE UP YOUR RIGHT TO SUE IN COURT AND FURTHER GIVE UP YOUR RIGHT TO SUE ON BEHALF OF A CLASS. THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. HOW THE SERVICE WORKS

1.1.
Overview. The Services provide an online platform that allows users to connect with one another to donate food or to offer food for sale outside the retail setting. Users offering food are referred to as "Donors." Users seeking to receive or purchase food are referred to as "Receivers." The Platform may include listings, requests, messaging, notifications, and map-based discovery features.
1.2.
No sale by Glean. Glean provides the Platform to facilitate communications and coordination between Donors and Receivers. Except where Glean expressly states otherwise in writing, Glean is not a party to transactions between Donors and Receivers and does not take possession, custody, or control of food offered through the Platform. Donors and Receivers are solely responsible for their interactions and transactions.
1.3.
Changes to the Services. Glean may modify, suspend, or discontinue any part of the Services at any time. Glean does not promise that any specific feature will remain available, including any feature currently in beta or under development.

2. ELIGIBILITY, ACCOUNTS, AND SECURITY

2.1.
Registering. To access certain features of the Services, you must create an account. When you register, you agree to provide accurate, current, and complete information and to keep such information updated. Glean may reject any registration or suspend or terminate any account at any time as permitted by these Terms. You may register only for yourself or, if registering on behalf of an entity, only if you have authority to bind that entity; by registering on behalf of an entity, you represent and warrant that you have such authority.
2.2.
Accounts for organizations. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" includes the organization.
2.3.
Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify Glean promptly of any suspected unauthorized use.
2.4.
Suspension and termination. Glean may suspend or terminate access to the Platform or Services, or remove listings or content, at any time if Glean reasonably believes there is a violation of these Terms, a safety risk, suspected fraud, or unlawful activity, or to comply with law.
2.5.
Social sign-on. If the Platform permits login via a third-party service (a "Third-Party Login"), your use of that Third-Party Login is governed by the third party's terms, and the Platform may receive certain information from that third party as described in the Privacy Policy. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY SERVICE IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY A THIRD PARTY IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET. Glean makes no effort to review any information, content, or other materials provided by or through any Third-Party Login for any purpose, including accuracy, legality, or non-infringement.

3. DONOR AND RECEIVER RULES; USER TRANSACTIONS

3.1.
Donor commitments. If you act as a Donor, you agree that listings and communications will be accurate, complete, and not misleading. You are responsible for setting the terms of your offer, including price (if any), pickup logistics, and any restrictions. You agree not to require any additional payment not disclosed through the Platform for a transaction initiated on the Platform.
3.2.
Receiver commitments. If you act as a Receiver, you agree to communicate respectfully, follow pickup instructions, arrive on time (or timely cancel), and pay the agreed price (if any) for food you choose to purchase.
3.3.
Compliance with law. Donors are solely responsible for compliance with all applicable laws, rules, regulations, and ordinances, including food handling and safety requirements, licensing and permitting, labeling obligations, and collection and remittance of applicable taxes. Receivers are solely responsible for compliance with all laws applicable to receipt and consumption of food.
3.4.
Misuse of other users' information. You agree to use any contact information or other information obtained about another user through the Platform solely to communicate and transact with that user in connection with the Services, and not for unsolicited marketing, harassment, or any other purpose, except as permitted by applicable law or with the user's express consent.
3.5.
Food safety and assumption of risk. Food may pose risks, including spoilage, contamination, allergens, or foodborne illness. You agree to use good judgment and appropriate caution when offering, transporting, receiving, purchasing, handling, preparing, or consuming food obtained through the Platform. You assume all risks arising from your use of food obtained through the Platform, including risks arising from interactions with other users.
3.6.
No identity verification. Glean does not verify the identity, background, or credentials of users and does not guarantee that a user is who they claim to be. You are responsible for deciding whether to interact with other users and for taking appropriate safety precautions.
3.7.
Off-platform circumvention. If the Platform charges fees for certain transactions or features, you agree not to circumvent those fees by moving a transaction off the Platform after it is initiated on the Platform, except to the extent permitted by the Platform's provided tools and applicable law.
3.8.
Prohibited conduct. You agree not to use the Services for unlawful purposes; to harass, threaten, or abuse others; to impersonate any person or entity; to post misleading listings; to distribute harmful code; to scrape or harvest data from the Platform without permission; or to interfere with Platform security or functionality.

4. PAYMENTS, FEES, AND BILLING

4.1.
Fees and third-party payment processors. The Platform may enable payments for certain transactions. Payments may be processed by a third-party payment processor. You agree to the payment processor's terms and authorize charges as applicable to your transaction. Glean reserves the right to change fees (including by beginning to charge for Services currently offered without charge) and billing methods by posting updated fees through the Services or by providing reasonable notice to the email address associated with your account.
4.2.
Purchase. If you wish to purchase any Food or other service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete.
4.3.
Third Party Services. Glean may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
4.4.
Refusal. Glean reserves the right to refuse or cancel your order at any time for reasons including but not limited to: Food or service availability, errors in the description or price of the Food or service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons.

5. USER CONTENT

5.1.
User Content. The Platform may allow you to upload, submit, or otherwise make available content, including text, images, listings, and messages (collectively, "User Content"). You retain ownership of your User Content as between you and Glean, subject to the license granted below.
5.2.
License to Glean. You grant Glean a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to host, store, reproduce, distribute, publicly display, perform, and otherwise use your User Content solely as reasonably necessary to operate, provide, improve, and promote the Services, including for moderation, safety, and customer support.
5.3.
Responsibility for User Content. You are solely responsible for your User Content and represent that you have all rights necessary to grant the license above. You agree that User Content will not violate law or the rights of others, including privacy, publicity, and intellectual property rights.
5.4.
Content moderation and removal. Glean may remove or restrict access to User Content at any time if Glean reasonably believes it violates these Terms, harms users, or creates legal risk. Glean has no obligation to monitor User Content.
5.5.
Sensitive personal information in content. Do not post or message sensitive identification numbers or other sensitive personal information (such as social security numbers, passport numbers, driver's license numbers, financial account numbers, or health information) through the Platform except where the Platform expressly requests it for a specific purpose and provides appropriate safeguards.

6. PRIVACY AND COMMUNICATIONS

6.1.
Privacy Policy. Glean's collection, use, disclosure, and retention of information, including Personal Information, is described in the Platform's Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Services, you acknowledge that your information will be handled as described in the Privacy Policy. If you do not agree with the Privacy Policy, do not use the Services.
6.2.
California privacy rights; choices. If you are a California resident, you may have specific rights regarding Personal Information under California law, including rights to access, delete, correct, and opt out of certain disclosures (including "sale" or "sharing" for cross-context behavioral advertising, as those terms may be defined by applicable law), and in some circumstances to limit certain uses of Sensitive Personal Information. Instructions for exercising rights and choices, and any applicable mechanisms are provided in the Privacy Policy.
6.3.
Electronic communications. You agree that Glean may communicate with you electronically regarding your account and the Services, including by email, in-platform notices, and other electronic means. You agree that electronic notices satisfy any legal requirement that communications be in writing.
6.4.
Marketing communications. You may opt out of marketing emails by using the unsubscribe mechanism provided in those messages. Operational or transactional communications may still be sent, such as account notices and security alerts.

7. THIRD-PARTY SERVICES AND LINKS

7.1.
The Platform may include third-party services or links (including mapping services, analytics, and payment processing). Glean does not control and is not responsible for third-party services. Your use of third-party services is at your own risk and may be governed by third-party terms and privacy policies.
7.2.
You are responsible for evaluating whether you wish to access or use any Third-Party Services and, where applicable, for complying with any opt-out or preference mechanisms offered by the applicable third party. Glean may suspend or disable Third-Party Services at any time. You should review the third party's applicable terms and privacy policy before using a Third-Party Service or sharing information with it. Glean does not endorse and is not responsible for any features, content, advertising, products, or other materials on or available from Third-Party Services.

8. INTELLECTUAL PROPERTY

8.1.
Platform IP. The Platform and Services, including software, design, trademarks, logos, and content provided by Glean (excluding User Content), are owned by Glean and protected by intellectual property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you.
8.2.
Feedback. If you provide suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant Glean an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use and exploit that Feedback without compensation to you.
8.3.
Ownership of Platform; User Content; Feedback. As between you and Glean, Glean owns and retains all right, title, and interest in and to the Platform and Services, including all related software, technology, designs, trademarks, logos, and other intellectual property embodied in or used to provide the Platform and Services, and any improvements, enhancements, modifications, or derivative works thereof created by or on behalf of Glean. For clarity, you retain ownership of your User Content subject to the license grant in Section 5.2. Any Feedback is governed by Section 8.2.
8.4.
Compliance with Laws. As noted above, Donors are solely responsible for compliance with all applicable laws, rules, regulations and local ordinances, including without limitation, obtaining necessary permits and/or licenses, including business licenses, alcohol licenses and any other applicable license, and any required or applicable health and safety rules, regulations or inspections (collectively, "Regulations"), collection and payment of any applicable taxes or other payments that may be applicable to the sale or donation of Food. Glean makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to offer or sell Food. Should you have any questions regarding laws or regulations applicable to providing Food, you should consult your own legal counsel. You further agree that you, as a Donor, are solely responsible for your offering or sale of Food and agree to indemnify, defend and hold harmless Glean from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys' fees) relating to or arising from your use of the Service, including any violation of any Regulations, or other taxes and payments which may be applicable to your offering or sale of Food.
8.5.
No Identity Verification by Glean. Glean does not attempt to confirm, and does not confirm, any user's (whether Donor or Receiver) purported identity. Glean does not investigate any user's reputation, conduct, morality, or criminal background, and does not verify information that any user submits to the Platform. Glean does not endorse any persons who use or register for the Services, whether as Receivers or Donors. You are responsible for determining the identity and suitability of others whom you contact or who contact you through the Platform, and you agree to exercise caution and good judgment in all interactions with other users.
8.6.
Disclaimer. To the maximum extent permitted by applicable law, Glean will not be liable for: (i) any incorrect or inaccurate content posted on or made available through the Services, whether caused by Glean or any user, or by any equipment or programming associated with or utilized in the Services; (ii) the conduct, whether online or offline, of any Donor or Receiver; (iii) any injury, loss, or damage caused by another user, any food, or any content posted through the Services, whether online or offline; and (iv) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, user communications.
8.7.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES AND ANY CONTENT OR INFORMATION PROVIDED BY THE PLATFORM OR SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GLEAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND SERVICES AND ANY CONTENT OR INFORMATION PROVIDED BY THE PLATFORM OR SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. GLEAN DOES NOT WARRANT THAT THE PLATFORM OR SERVICES OR ANY CONTENT PROVIDED BY THE PLATFORM OR SERVICES, INCLUDING ANY USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLEAN OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.

9. INDEMNIFICATION; RELEASE

9.1.
Indemnification. You agree to defend, indemnify, and hold harmless Glean and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or relating to your use of the Services, your User Content, your transactions with other users, or your violation of these Terms or applicable law.
9.2.
User interactions; assumption of risk. The Platform facilitates introductions and coordination between Donors and Receivers. Glean does not control and is not responsible for the acts or omissions of any user or for any food offered, donated, sold, transported, handled, or consumed in connection with the Services. To the maximum extent permitted by applicable law, you assume all risks arising out of your interactions with other users and your offering, receipt, purchase, handling, preparation, or consumption of any food obtained through the Platform. To the maximum extent permitted by applicable law, you hereby release Glean and its affiliates, and their respective officers, directors, employees, and agents, from any and all claims, demands, damages, losses, liabilities, and expenses arising out of or relating to disputes between you and any other user or any transaction or interaction facilitated through the Platform. This Section does not apply to claims that cannot be released under applicable law.
9.3.
California Civil Code Section 1542 Waiver. If you are a California resident, you waive California Civil Code Section 1542 with respect to any release of claims you grant to Glean under these Terms. California Civil Code Section 1542 states: "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 and that, if known, would have materially affected his or her settlement with the debtor or released party."

10. CONDITIONS OF USE

10.1.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to transmit to Glean or upload to or through the Platform (whether as User Content or otherwise) any Harmful Code, or to misuse the Platform for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "Trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission. Without limiting the foregoing, you may not:

(a)
engage in conduct that is unlawful, harmful, harassing, threatening, abusive, or otherwise reasonably objectionable as determined by Glean;
(b)
use the Service in any manner inconsistent with this Agreement;
(c)
act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
(d)
infringe our intellectual property rights or those of any third party in relation to your use of the Service;
(e)
transmit any material that is confidential or proprietary;
(f)
use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(g)
collect social security or insurance number, financial account number, drivers' license number, health information, or other sensitive information required to be secured under applicable local, state, provincial, national, or other law, rule, or regulation, or for which disclosure is required in case of a data breach without first obtaining our prior written consent; and
(h)
collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any Service;
(i)
access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
(j)
use the Service in any manner that may harm minors or that interacts with or targets people under the age of eighteen;
(k)
impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
(l)
use the Services to provide material support or resources (or to conceal or disguise the nature, location, or source of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
(m)
access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
(n)
send unsolicited communications, promotions or advertisements, or spam;
(o)
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
(p)
sublicense, resell, time share or similarly exploit the Services;
(q)
authorize, permit, enable, induce or encourage any third party to do any of the above.

10.2.
You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform). Unless you have been specifically permitted to do so in a separate, written agreement with Glean, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Platform for any purpose. You agree that you are solely responsible for (and that Glean has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Glean may suffer) of any such breach.

11. TERMINATION

11.1.
You may stop using the Services at any time. Glean may terminate or suspend your access as described in these Terms. Upon termination, your right to use the Services will cease, but provisions that by their nature should survive will survive, including sections relating to intellectual property, disclaimers, limitation of liability, indemnification, release, and dispute resolution.

12. COPYRIGHT INFRINGEMENT (DMCA)

U.S. Copyright Infringement. If you believe content on the Platform infringes your copyright, you may send a notice to Glean’s designated agent with the information required by 17 U.S.C. § 512(c)(3)(A). Glean may remove allegedly infringing content and may terminate repeat infringers in appropriate circumstances. Notices must be sent to Glean’s Designated Agent as follows:
Designated Agent: Pegah Pourrahimi
Email: GoGleanToday@gmail.com
This designated agent information may be updated by Glean in accordance with applicable law and the Copyright Office’s designated agent requirements.

13. LIMITATION OF LIABILITY

13.1.
Exclusion of certain damages. To the maximum extent permitted by law, in no event will Glean be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or relating to the Platform, Services, or these Terms, even if Glean has been advised of the possibility of such damages.
13.2.
Cap on liability. To the maximum extent permitted by law, Glean’s total liability for any claim arising out of or relating to the Platform, Services, or these Terms will not exceed the greater of ten U.S. dollars (US $10) or the amounts actually paid by you to Glean (if any) for use of the Services in the twelve (12) months immediately preceding the event giving rise to the claim.
13.3.
Basis of bargain. The limitations in this Section 13 are fundamental elements of the basis of the bargain between you and Glean and will apply even if any limited remedy fails of its essential purpose.
13.4.
Jurisdictional limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages or liability; in such jurisdictions, the above limitations will apply only to the maximum extent permitted by law.

14. NOTICES

14.1.
The User can direct notices, enquiries, complaints and so forth to Glean at this address: GoGleanToday@gmail.com
14.2.
A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

15. DISPUTES

15.1.
PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR RIGHTS
15.2.
Informal resolution required. Before initiating arbitration, you agree to send Glean a written notice of the dispute that includes your name, the email address associated with your account (if any), a description of the dispute, and the relief requested (a “Notice of Dispute”). Notices of Dispute must be sent to GoGleanToday@gmail.com. You and Glean will attempt in good faith to resolve the dispute for at least thirty (30) days after the Notice of Dispute is received before either party initiates arbitration. No arbitration may be initiated until the thirty (30) day period described above has expired, except that either party may seek interim injunctive relief as permitted by Section 15.9.
15.3.
Except for a claim by Glean of infringement or misappropriation of Glean’s intellectual property rights, any and all disputes between you and Glean are subject to mandatory arbitration. In the event that we cannot informally resolve a dispute, then you and Glean agree to be bound by the agreement to resolve disputes through the binding arbitration process described in this Section. This agreement to arbitrate is intended to be interpreted broadly. The Federal Arbitration Act governs this agreement to arbitrate and the arbitrator, and not any state or federal court, has exclusive authority to resolve all disputes arising between us, including disputes regarding the scope, enforceability and/or applicability of these Terms. This agreement to arbitrate governs all disputes between us that arise out of or relate to this agreement or the Services, regardless of whether they are based in contract, tort, statute or any other legal theory and expressly includes, but not limited to: (1) claims relating to advertising; (2) claims that arose before these Terms; (3) claims that arise after the termination of this agreement; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class (“Disputes”)
15.4.
The only Disputes not covered by this Section are: (1) small claims actions (if the claim qualifies and remains on an individual basis); (2) claims to enforce or protect intellectual property rights; (3) claims arising out of or relating to unauthorized use of intellectual property, including piracy or theft; and (4) requests for interim injunctive or other equitable relief to preserve the status quo pending arbitration
15.5.
If you're upset with us, let us know, and hopefully we can resolve your issue. But if we can't, then these rules will govern any legal dispute involving our Services:
15.6.
Governing Law. The interpretation of this Agreement shall be governed by the Federal Arbitration Act and California substantive law. Any claim that arises out of or relates to the Services and that is subject to arbitration under this provision shall be governed exclusively by California law (including the law of the Ninth Circuit where applicable), without regard to a conflict of law analysis.
15.7.
Jury. You hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Platform or these terms of service, if you are located in the United States.
15.8.
Arbitration. You and Glean agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under the AAA Consumer Arbitration Rules in effect at the time the arbitration is initiated, unless the AAA determines those rules do not apply, in which case the arbitration will proceed under the AAA rules the AAA deems applicable. Judgment on the arbitration award may be entered in any court that has jurisdiction.
15.9.
Class Action. ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS-CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU AND GLEAN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
15.10.
Costs of Arbitration. Payment of arbitration fees and costs will be governed by the AAA rules and applicable law. To the extent the AAA Consumer Arbitration Rules apply, fees and costs will be allocated consistent with those rules. In no event will you be required to pay more than the consumer filing fee (or its equivalent) required by the AAA rules or applicable law; Glean will pay remaining AAA administrative fees and arbitrator compensation as required by the AAA rules and applicable law, unless the arbitrator determines your claim is frivolous.
15.11.
Hearing Procedure. The arbitration procedure, including whether the matter proceeds on written submissions or includes a telephonic, video, or in-person hearing, will be determined by the arbitrator in accordance with the AAA rules and applicable law.
15.12.
Forum. The seat of arbitration will be California. Unless the parties agree otherwise, any in-person hearing will take place in the county (or parish) where you reside, or by video/telephone, as determined by the arbitrator in accordance with AAA rules.
15.13.
Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.
15.14.
Attorney's fees. In the event that either Party breaches any portion of this Agreement, the prevailing Party in an action to enforce this Agreement may recover from the other its reasonable attorneys’ fees and costs. This subdivision (g) does not include any attorneys' fees incurred in any court proceeding that is related to or arises out of the Dispute, including but not limited to fees incurred as a result of a motion to compel arbitration or any post-arbitration challenge to either the arbitration award or the arbitrator's authority that is brought in a state or federal court.
15.15.
Modifications. If we make any changes to this “Disputes with Glean” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Glean prior to the date the changes became effective. Glean will notify you of substantive changes to the “Disputes with Glean” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Glean a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Glean in accordance with the provisions of this “Disputes with Glean” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

16. CALIFORNIA CONSUMER NOTICE

16.1.
Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17. CHANGES TO THE TERMS

17.1.
We may update these Terms from time to time. Glean will provide notice of material changes by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms. Notwithstanding the foregoing, changes to Section 15 (Disputes) will be governed by Section 15.15.

18. GENERAL

18.1.
Governing law. Except to the extent preempted by the Federal Arbitration Act, these Terms and any dispute arising out of or relating to the Platform or Services that is not subject to arbitration will be governed by the laws of the State of California, without regard to conflict of laws principles.
18.2.
Waiver. No failure or delay by either party in exercising any right under the Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
18.3.
Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
18.4.
Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
18.5.
Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
18.6.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
18.7.
Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
18.8.
Entire Agreement. The Terms, including any terms incorporated by reference into the Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will prevail.
18.9.
Assignment. Glean may assign these Terms and its rights and obligations hereunder, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.