CrunchDAO Terms of Use
Effective Date: July 30, 2026
You are about to become a Citizen of CrunchDAO. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us.
These Terms of Use (the “Terms”) are a binding contract between you and Crunch Foundation, a foundation company incorporated under the laws of the Cayman Islands, which operates the platform and services known as CrunchDAO (hereafter referred to as “we,” “us,” or “Crunch Foundation”). Crunch Foundation has its registered office c/o Highvern Cayman Limited, PO Box 448, Elgin Court, Elgin Avenue, George Town, Grand Cayman, KY1-1106, Cayman Islands. These Terms and the Privacy Policy (as defined below), set forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous disclosures, discussions, understandings and agreements, whether oral of written, between them (except as otherwise set out herein).
You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. In these Terms, the words “include” or “including” mean “including but not limited to”, and examples are for illustration purposes and are not limiting.
If any provision in these Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, such provision or part shall to that extent be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms shall not be affected.
These Terms will not itself create or be deemed to create any relationship of joint venture, partnership, employment, franchise, agency, or similar association or relationship among the parties or their employees, subcontractors or agents. Each party specifically disclaims and waives the formation of any fiduciary relationship between them under or in relation to these Terms and the Services.
PLEASE READ THESE TERMS CAREFULLY; THIS IS A BINDING CONTRACT.
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS, AS SET FORTH BELOW) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, WHETHER IN COURT OR IN ARBITRATION, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
CRUNCH FOUNDATION IS NOT REGISTERED WITH, OR LICENSED BY, THE CAYMAN ISLANDS MONETARY AUTHORITY AND, FOR THE AVOIDANCE OF DOUBT, IS NOT PROVIDING, OR PURPORTING TO PROVIDE, ANY VIRTUAL ASSET SERVICES, AS DEFINED UNDER THE VIRTUAL ASSET (SERVICE PROVIDERS) ACT OF THE CAYMAN ISLANDS. FOR THE AVOIDANCE OF DOUBT, ANY $CRUNCH TOKENS RECEIVED BY YOU IN CONNECTION WITH THE SERVICES ARE BEING PRIVATELY OFFERED AND DO NOT CONSTITUTE A SALE OF VIRTUAL ASSETS TO THE PUBLIC BY CRUNCH FOUNDATION.
Crunch Foundation takes the privacy of its users very seriously. For the current CrunchDAO Privacy Policy (the "Privacy Policy"), please refer to our Privacy Policy page.
You may be required to sign up for an account, and select a password and login (“CrunchDAO User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your CrunchDAO User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You also may not have, control, or operate under more than one active CrunchDAO account or CrunchDAO User ID. If we determine that you have, control, or are operating under more than one CrunchDAO account or CrunchDAO User ID, we may take action without notice, including banning your user account, revoking access to your CrunchDAO User ID, and disqualifying you from any ongoing Competition(s). You agree that all personal information provided to us or third parties on our behalf, is provided in accordance with applicable laws and regulations, including, without limitation, those relating to privacy.
If you are not of legal age to form a binding contract, please see “Our Commitment to Children’s Privacy” in the Privacy Policy and contact CrunchDAO Support for more information on the parental consent process.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), but you are still required to sign up each individual user from your organization with a CrunchDAO User ID. You are not allowed to have multiple individuals operating under one CrunchDAO User ID, even if you are an organization or entity.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
You will keep all your registration information accurate and current. You will not share your account, password or API key with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Yes. You represent, warrant, and agree that you will not contribute any Content or Participant Submission or otherwise use the Services or interact with the Services in a manner that:
“Applicable Law” means all federal and state laws, treaties, rules, regulations, regulatory and supervisory guidance, directives, policies, orders or determinations of a regulatory authority applicable to the activities and obligations contemplated under this Agreement, including but not limited to those relating to data privacy, sanctions, anti money laundering, financial services and consumer protection.
Without limitation to any other remedies available to Crunch Foundation, a violation of any of the foregoing is grounds for termination of your right to use or access the Services.
We reserve the right to remove any Content or Participant Submissions from the Services at any time, for any reason (including if someone alleges you contributed that Content in violation of these Terms), and without notice.
If you are a consumer residing in the European Economic Area (EEA) or the United Kingdom (UK), you may have certain mandatory consumer protection rights under your local laws. This section applies solely to qualifying EEA and UK consumers.
Right of Withdrawal & Express Waiver: Under EU and UK consumer law, consumers generally have a statutory right to withdraw from a digital contract within 14 days without giving any reason. However, the Services provided by CrunchDAO consist of digital content and immediate digital services (such as access to datasets, proprietary protocol features, and competition submissions). By creating an account, accessing datasets, or submitting an entry to a Competition, you expressly consent to the immediate supply and performance of the Services before the 14-day withdrawal period expires, and you acknowledge and agree that by doing so, you waive and lose your statutory right of withdrawal.
Legal Guarantee of Conformity: If you are an EEA-based consumer, EEA consumer laws provide you with a legal guarantee for digital content and services. Under this guarantee, we are liable for any lack of conformity that you discover at any time during the 'continuous' supply of our digital content or services. Your national laws may provide an even longer guarantee. If you believe there is a lack of conformity, please contact our support team at crew@crunchdao.com.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute to the Services, and you represent and warrant you have all rights necessary to do so.
The Services may contain links, information or connections to third party websites or services that are not owned or controlled by Crunch Foundation. When you access third party websites or engage with third party services, you accept that there are risks in doing so, and that Crunch Foundation is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each third party website or service that you visit or utilize.
Crunch Foundation has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Crunch Foundation will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Crunch Foundation will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Subject to these Terms and any specific contract with Crunch Foundation, a user may post a challenge on the Services (“Competition”) for other users to participate in.
Competitions are open to residents worldwide, except where prohibited by law. In compliance with the applicable sanctions regimes and US OFAC regulations, residents or citizens of Russia, Crimea, the so-called Donetsk People's Republic (DNR), the so-called Luhansk People's Republic (LNR), Cuba, Iran, Syria, North Korea, or any other country or territory subject to comprehensive maritime or financial sanctions are strictly prohibited from entering any Competition or receiving any rewards. Certain Competitions may impose further geographic or age restrictions. You agree not to use the Services if you are subject to sanctions or located in a jurisdiction subject to sanctions under the laws or regulations of the United Nations, United States, the European Union, United Kingdom (as extended by statutory instrument to the Cayman Islands), the Cayman Islands, or any other applicable jurisdiction. You further agree not to use the Services to transact with, provide services to, or otherwise engage with any individual or entity subject to sanctions or located in a jurisdiction subject to sanctions under such laws or regulations.
You acknowledge that Crunch Foundation operates solely as a platform provider and facilitator for Competitions. A Competition creates a direct relationship between the Host User and the Participant User. Except where Crunch Foundation is explicitly designated as the Host User, Crunch Foundation assumes no liability, responsibility, or obligation regarding the actions, omissions, rules, metrics, or content of any Host User or Participant User. Crunch Foundation does not oversee or endorse user-submitted content and is under no obligation to become involved in disputes between users.
If you or your Team wins a Competition, the distribution of any prize (whether in fiat currency, cryptocurrency, or digital tokens) is strictly subject to compliance with applicable laws. Before any prize or reward is released, Crunch Foundation or the Host User may require you to provide valid identity verification (KYC) and completed tax documentation, including but not limited to IRS Forms W-9 (for US persons) or W-8BEN (for non-US persons). Failure or refusal to provide requested documentation within the timeframe specified in the Competition Rules will result in forfeiture of the prize. It is solely your responsibility to determine the applicability of any taxes on the prizes received. You are solely responsible for reporting and paying any taxes, duties, or levies imposed by your local jurisdiction on prizes received. We reserve the right to cooperate with any law enforcement, court or other governmental, tax or regulatory authority or body that requests or directs that we disclose information or content that y0u provide in connection with your use of our Services or the receipt of prizes.
Subject to specific Competition Rules, Participant Users may collaborate as a team ("Team"), provided no user participates on more than one team for a single Competition. If a Team wins, the prize will be distributed equally among registered members unless Crunch Foundation receives unanimous, written instructions for an unequal split signed by every single member of the Team.
In this section, "Participant Submissions" are defined as all data, models, code, inputs,
content, or solutions submitted as part of any Competition.
As a participant, you retain ownership of the underlying intellectual property rights to the content of your Participant Submissions. However, from the moment you submit a Participant Submission to the CrunchDAO platform, you grant Crunch Foundation a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit the content for the purpose of operating, improving, and developing the Services.
You acknowledge and agree that Crunch Foundation, in performing the required technical steps to provide the Services to our users, may need to make changes to your Participant Submissions to conform and adapt them to the technical requirements of connecting networks, devices, services, or media, and the licenses you grant under these Terms include the rights to do so.
If you share a Participant Submission publicly on the CrunchDAO platform, or in a manner that allows more than just you or certain specified users to view it, you grant Crunch Foundation a license to display, perform, and distribute your Public Participant Submission for the purpose of making it accessible to all CrunchDAO users. Furthermore, you grant all other users of the CrunchDAO platform a license to access that Public Participant Submission, and to use and exercise all rights in it, strictly as permitted by the functionality of the Services.
Crunch Foundation will have no liability regarding the applicable Competition, Content, or Participant Submissions, and these Terms will govern, except if you and Crunch Foundation have executed a separate written agreement governing specific competitions or services ("Existing Agreement"). In such cases, the terms of the Existing Agreement will supersede these Terms for that specific Competition.
We are constantly trying to improve the Services, so these Terms and the CrunchDAO platform may need to change over time. We reserve the right to change the Terms at any time. If we do, we will bring it to your attention by placing a notice on the www.crunchdao.com website, by sending you an email, or by some other means. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
As part of the continual evolution of our Services, we may make modifications such as adding or removing features and functionalities, increasing or decreasing usage limits, or altering the framework of Competitions to adapt to new technologies, prevent abuse, or address legal, regulatory, or security issues.
If you do not have any active Competitions that you are hosting, you are free to stop using the Services at any time. If you are hosting active Competitions, you must complete the Competitions in full before you stop using the Services. Crunch Foundation is free to terminate or suspend your access to the Services or your account at any time, for any reason in our sole discretion, including your breach of these Terms. Crunch Foundation has the sole right to decide whether you are in violation of any of the restrictions in these Terms.
Account termination may result in the destruction of any Content associated with your account, so please keep that in mind. Provisions that, by their nature, should survive termination of these Terms will survive termination (including, without limitation, ownership or intellectual property provisions, warranty disclaimers, limitations of liability, indemnity obligations, and terms regarding dispute resolution).
Neither Crunch Foundation nor its licensors, suppliers, or operating affiliates makes any representations or warranties concerning any content contained in or accessed through the Services (including Competitions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED BY CRUNCH FOUNDATION (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL CRUNCH FOUNDATION, ITS FOUNDATION COMPANY MEMBERS (IF ANY), DIRECTORS, OFFICERS, SUPERVISORS, EMPLOYEES, AGENTS, SUPPLIERS, OR OPERATING AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR:
To the fullest extent allowed by applicable law, you will defend, indemnify, and hold Crunch Foundation, its operating affiliates, and each of their directors, supervisors, officers, shareholders, agents, employees, and partners (each an "Indemnified Person") harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims (including from other users) relating to (a) your submissions to the Services including any Content, Participant Submissions, or Competitions, (b) your use of the Services (including any actions taken by a third party using your account), and (c) your violation of these Terms.
Indemnified Person not being a party to these Terms, may enforce any rights granted to it pursuant to these Terms in its own right as if it were a party to these Terms. Except as expressly provided in this section titled "Indemnity", a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (as amended) of the Cayman Islands to enforce any term of these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Crunch Foundation’s prior written consent. We may transfer, assign, or delegate these Terms and our rights without your consent.
These Terms and any dispute, controversy, or claim arising out of or relating to them, the Services, or your relationship with CrunchDAO (whether contract, tort, or otherwise) will be governed by, and construed in accordance with, the laws of the Cayman Islands, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you, or any other user of your account, and Crunch Foundation, our affiliates, and/or agents, whether arising out of or relating to your account, your use of the Services, these Terms (including any alleged breach thereof), or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement and as permitted by law, except that you may assert individual claims in small claims court or your state’s equivalent court, if your claims qualify. You agree that, by entering into this Agreement, you and Crunch Foundation are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You and Crunch Foundation agree that either of us may elect to proceed by arbitration, that the goal of proceeding in arbitration shall be to achieve effective, efficient, and less costly resolution between you and us, and that the Arbitration Agreement shall be interpreted and applied to achieve that goal.
Nothing in this Section shall limit either party from seeking injunctive or other exigent relief from a court of law, and/or bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief. Disputes relating to the enforcement, protection, or validity of the intellectual property rights of either party shall not be subject to arbitration. You and Crunch Foundation agree that any claim that is not subject to arbitration and is not otherwise proceeding in small claims court or your state’s equivalent court shall be subject to the exclusive jurisdiction of the state and federal courts located in Georgetown, Cayman Islands, and you agree to submit to the personal jurisdiction and venue of such courts. IN SUCH INSTANCES, YOU AND WE EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
YOU AND CRUNCH FOUNDATION ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION, AND ARE WAIVING THE RIGHT TO HAVE A JURY DECIDE ANY CLAIM, AS PERMITTED BY LAW. YOU AND CRUNCH FOUNDATION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER ACCOUNTHOLDER OR USER OF THE SERVICE NOT ON YOUR ACCOUNT. UNLESS BOTH YOU AND CRUNCH FOUNDATION AGREE OTHERWISE, THE ARBITRATOR MAY NOT ENTERTAIN ANY CLAIM AS A CLASS ACTION OR ON ANY OTHER SIMILAR REPRESENTATIVE BASES, NOR CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INDIVIDUAL AND/OR PUBLIC INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
FOR INDIVIDUAL CLAIMS FILED AS PART OF A “MASS ARBITRATION,” AS THAT TERM IS DEFINED HEREIN, THE ADDITIONAL REQUIREMENTS SET FORTH IN THE MASS ARBITRATION SECTION BELOW SHALL APPLY.
Crunch Foundation is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing support at compliance@crunch.foundation. If such efforts prove unsuccessful, you and Crunch Foundation agree that a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Crunch Foundation should be sent to Crunch Foundation, c/o Highvern Cayman Limited, PO Box 448, Elgin Court, Elgin Avenue, George Town, Grand Cayman, KY1-1106 Cayman Islands (“Notice Address”). The Notice must (i) contain the claimant’s name, telephone number, mailing address, e-mail address, (ii) describe the nature and basis of the claim or dispute, (iii) set forth the specific relief sought, including the dollar amount, if demanded, and (iv) include the claimant’s signature. You and Crunch Foundation further agree to provide, within reason, any requested factual information necessary to assess and investigate the purported claim. If after providing the required and any requested information, Crunch Foundation and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Crunch Foundation may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Crunch Foundation or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Crunch Foundation is entitled.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to the address set forth above. Unless You and Crunch Foundation agree in writing to proceed before a different arbitral body and/or arbitral rules, any arbitration will be conducted by JAMS. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures, available at www.jamsadr.com/rules-streamlined-arbitration/ (“JAMS Streamlined Rules”). All other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at www.jamsadr.com/rules-comprehensive-arbitration/ (“JAMS Comprehensive Rules”). JAMS shall apply its Mass Arbitration Procedures and Guidelines to mass arbitration matters in effect at the time arbitration is commenced, available at www.jamsadr.com/mass-arbitration-procedures (“JAMS Mass Arbitration Rules,” and together with JAMS Streamlined Rules and JAMS Comprehensive Rules, “JAMS Rules”). A single arbitrator shall conduct proceedings under the Streamlined Rules or Comprehensive Rules, as appropriate, and a Process Administrator and single Merits Arbitrator shall conduct each mass arbitration case. Arbitral fees will be paid consistent with the JAMS Rules. JAMS Rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If there is any inconsistency between any the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
Unless Crunch Foundation and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances, including the ability for a remote or virtual arbitration. If the parties are unable to agree on a location, the determination will be made by JAMS or the arbitrator consistent with the JAMS Rules.
The Parties agree that, upon motion by either of us, any arbitrator shall have the power to decide dispositive issues of law prior to a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56, and will decide the claim in accordance with all applicable substantive law and recognized principles of equity. The arbitrator will determine whether the claimant has completed the steps necessary to initiate the suit. The arbitrator will construe the claim under the applicable statutes of limitations provided for under the governing law, to the extent reasonable and as permitted by law. The arbitrator will honor all claims of privilege recognized by law. The arbitrator will have the power to award to a party any damages or relief as permitted by the law and the agreement between You and Crunch Foundation (including the limitations set forth above). In addition, the arbitrator has the same power as a federal court to impose sanctions against any represented party or counsel for any violation of the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. § 1927.
The arbitrator must follow the provisions of these Terms as a court would. The arbitrator shall have exclusive authority to (a) determine the scope, enforceability, and arbitrability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”), any arbitration between you and Crunch Foundation will be conducted subject to JAMS Rules as set forth above. The arbitrator must apply the same law and legal principles, consistent with the FAA that would apply in court, but may use different procedural rules. You and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The arbitration will decide the rights and liabilities, if any, of you and Crunch Foundation. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim, consistent with Federal Rules of Civil Procedure 12 and 56. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision will be final and binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged under the provisions of the FAA.
In addition to the requirements set forth in the JAMS Rules, you agree that upon commencing a case with JAMS, you will provide your name, mailing address, telephone number, email address, a factual description of every claim for which you seek compensation, explanation of the basis of your claim, an itemized calculation of all alleged damages, and, if represented by counsel, a signed statement authorizing Crunch Foundation to share your information with them. You must personally sign the demand for arbitration (and your counsel must also sign the demand, if you are represented by counsel). By submitting an arbitration demand, you (and your counsel, if you are represented) represent that, as in court, you are complying with the requirements of Federal Rule of Civil Procedure 11(b). You agree and understand that failure to provide this information may result in dismissal of your claim(s), though you have the right to refile once you provide the information described in this section.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement or the parties entered into a separate agreement.
The arbitrator is authorized to afford any relief or impose any sanctions (including in the form of reallocation of compensation, expenses and administrative fees) available under the substantive standards established by Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law on represented parties and their counsel, to the extent permitted by law. If the arbitrator finds that either the substance of your or Crunch Foundation’ claim or the relief sought was frivolous, without sufficient reasonable inquiry and/or a good faith basis, or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), and/or under 28 U.S.C. § 1927), the arbitrator may reallocate compensation, expenses, and administrative fees as justice requires, and as permitted by applicable law.
You agree that these additional requirements (“Mass Arbitration Procedures”) shall apply to your claim if it is filed as part of a “mass arbitration,” which means twenty-five (25) or more arbitration claims involving the same or similar subject matter and/or issues of law or fact that are filed within 90 days of each other, and where representation of all claimants is the same or coordinated across the cases. You understand and agree that these procedures related to mass arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims, consistent with the goal of this arbitration agreement; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of your Claim and similar claims; and (c) preserve the integrity of the arbitration process. You agree to these procedures even though they may delay the arbitration of your individual claim. If at any point you are unsatisfied with the speed by which your matter is proceeding in mass arbitration, you are free to withdraw your arbitration demand and proceed in small claims court if the claim is in that court’s jurisdiction and proceeds on an individual basis.
You and Crunch Foundation agree that before an arbitrator is assigned to determine the merit of your claim, a “Process Administrator” will be appointed. The Process Administrator will have the authority to ensure these Mass Arbitration Procedures and the JAMS Rules are followed. The Parties agree that the Process Administrator will be selected by the process set forth in the JAMS Mass Arbitration Rules or any equivalent JAMS rule then in effect, or consistent with the process set forth herein in the absence of any JAMS rule. In short, each Party will receive a list of proposed Process Administrators provided by JAMS and will meet and confer to identify a mutually agreeable candidate. If the Parties cannot agree, they will submit their preferences to JAMS, and JAMS will select a Process Administrator.
In addition to the authority outlined in the JAMS Mass Arbitration Rules, the parties agree that the Process Administrator shall be empowered to resolve any dispute regarding whether your claim should be dismissed because, for example, you failed to comply with the Mass Arbitration Filing Requirements, any other requirements outlined in the Arbitration Agreement, or as permitted to address dismissal as would be permitted under the Federal Rules of Civil Procedure, including Federal Rule of Civil Procedure 12. You agree that if the Process Administrator finds you failed to comply with any requirement, your claim will be dismissed, without prejudice to refiling once the deficiencies are remedied. The Process Administrator will also have the power to decide whether, based on the information submitted in the Mass Arbitration Filing Requirements and/or pursuant to any alternative filing requirements then in effect, there are other threshold eligibility issues for your case to proceed, including but not limited to whether you cannot pursue the claim due to a clear legal or factual deficiency, and to dismiss your claim as appropriate. The Process Administrator shall have the power to determine whether or not a given dispute regarding these Mass Arbitration Filing Requirements and/or Procedures are within the Process Administrator’s jurisdiction. The Process Administrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law.
Following the resolution of any disputes within the jurisdiction of the Process Administrator, if any, counsel for the claimants and counsel for Crunch Foundation shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings on the merits of each claim in an initial batch, unless the parties agree to another number of cases per batch. Unless the Parties otherwise agree, in no event shall any individual Merits Arbitrator be assigned more than fifteen (15) cases. JAMS will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch in accordance with the JAMS Mass Arbitration Rules. The Parties agree that each Batch of [30 cases] shall proceed to final hearing, which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period), before the process described in this section moves forward. After the first thirty (30) cases are resolved, counsel will meet and confer regarding ways to improve the efficiency of the proceedings, including whether to pursue settlement discussions or mediation or to change the number of cases filed in each stage. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings and conferring in good faith, each side shall select another fifteen (15) cases per side to proceed to individual arbitration proceedings, which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period). After this second set of thirty (30) cases are resolved, counsel will again meet and confer regarding ways to improve the efficiency of the proceedings, including whether to pursue settlement discussions or mediation or change the number of cases filed in each stage. If the Parties do not reach a global resolution after the second set of cases are resolved, on either Party’s motion, the Process Administrator can decide to expedite the proceedings by forgoing more rounds of case selection and instead assigning Merits Arbitrators to all of the remaining cases at once. If no motion is made, this Mass Arbitration Procedure shall continue with thirty (30) cases in each set of proceedings, consistent with the parameters identified above. You and Crunch Foundation agree to engage in these Mass Arbitration Procedures in good faith, which includes an agreement to pay the parties’ respective case fee if Your case is selected. Any dispute regarding any aspect of the specific Mass Arbitration Procedures outlined in this section shall be resolved by the Process Administrator.
If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
No Arbitrator Appointment fees shall be assessed in connection with any case until the case is selected to proceed to individual arbitration proceedings as part of the process identified in this section, the Process Administrator has issued rulings resolving, and has relinquished jurisdiction of, all global issues implicating the case, and a merits arbitrator has been assigned.
Any dispute regarding the interpretation or enforcement of these Mass Arbitration Procedures shall be decided by the Process Administrator or, in cases that have been released to merits proceedings, the Merits Arbitrator. Their decisions regarding the Mass Arbitration Procedures shall be considered interlocutory in nature and not subject to immediate judicial review. If any terms of these Mass Arbitration Procedures are found to be legally unenforceable for any reason, the remaining terms shall continue to apply and the proceedings shall otherwise continue in arbitration in accordance with the JAMS Mass Arbitration Rules, or any equivalent JAMS rule then in effect.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If any term or provision of this Section is found invalid or unenforceable, you and Crunch Foundation agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section shall be enforceable as so modified, with the exception that there can be no arbitration of any class, representative, or consolidated proceeding between you and Crunch Foundation.
Notwithstanding any provision in this Agreement to the contrary, Crunch Foundation agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Crunch Foundation written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).