Terms of service

We may revise and update these Terms occasionally at our sole discretion. All changes are effective immediately upon posting and apply to all subsequent access to and use of the Service. Your continued use of the Service following the posting of revised Terms indicates your acceptance of and agreement to the changes. We will use commercially reasonable efforts to notify you of any material changes, either through the Business Account interface, a pop-up notice, email, or other reasonable means.

1. 2.1.

   Area will provide you with remote access to the Service through a Business Account. The Service allows Users to invite their contractors, suppliers, vendors, or service providers (collectively, "Contractors") to provide requested information and upload documents ("Business Data"). The Business Account initiating the request is an "Employer," while the responding party is a "Contractor" (collectively, "Businesses").

2. 2.2.

   The Service aims to help Employers evaluate whether selected Contractors meet specific job requirements and qualifications. It also assists Contractors in demonstrating compliance with these conditions and providing matching and verification services as well as compliance assistance and risk analysis services to Businesses.

3. 2.3.

   As Employer, you acknowledge that Area makes no representations or warranties regarding goods or services provided by any Contractor. Each Employer is solely responsible for conducting all necessary due diligence on Contractors. This includes but is not limited to, researching the Contractor and reviewing any available feedback on their goods and services before engaging or transacting with them. As Employer, you acknowledge that you are solely responsible for ensuring that all representations made regarding your qualifications, licenses, certifications, and compliance are accurate and up-to-date. You agree to provide accurate and truthful information to Contractor and Area, and to update any changes in your status that may affect your ability as an Employer.

4. 2.4.

   As Contractor, you acknowledge that you are solely responsible for ensuring that all representations made regarding your qualifications, licenses, certifications, and compliance are accurate and current. You agree to provide accurate and truthful information to Employer and Area, and to update any changes in your status that may affect your ability to provide services for Employer.

5. 2.5.

   The Service includes, but is not limited to the following.

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  Assist you on compliance with requirements and regulations as an Employer or Contractor.

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  Collect risk signals of Business to provide risk analysis.

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  Retrieve Business Data and verify such Business Data which includes, but is not limited to the following: (A) filing statuses, any related information, and documents from a Secretary of State; (B) business name and Tax Identification Number (TIN) from Internal Revenue Service (IRS); (C) trade or contractor license statuses and related information from issuing authorities; (D) federal or local diversity certificates from their issuing authorities; (E) Unique Entity Identifier (UEI), Commercial and Government Entity (CAGE) code, and public works certificates from their issuing authorities; (F) safety logs and related information from Occupational Safety and Health Administration (OSHA); (G) Experience Modification Rate (EMR) and related information from the National Council on Compensation Insurance (NCCI) or other authorized EMR distributors; (H) litigation, any related information and documents from evidence sources; (I) Certificate of Insurance (COI) from Business insurance provider; (J) Surety Bonding information; (K) Banking information approved by Business; and (L) any other Business Data relevant to the Service.

1. 3.1.

   Any Business Data that the Area is processing may be received by User or retrieved from third-party sources to provide Service. Business Data may be collected and made available to Area either (A) through a data collection method hosted by Area, from Area through its user interface, or by Area through a third-party service (“Self-Reported Data Collection”); and (B) directly by or from Business or through a third-party service (“Sourced Data Collection”).

2. 3.2.

   If Self-Reported Data Collection is utilized, Area shall be responsible for implementing and hosting the applicable data collection method and the associated collection and provision of Business Data, including (A) configuring such method as necessary to collect and share Business Data with the Service; (B) obtaining any necessary consents from the Contractors pursuant to its public-facing privacy statement or otherwise to share information with you via the Service; and (C) providing any necessary notices to, and obtaining any necessary consents from, Contractors, as required under applicable law.

3. 3.3.

   If Sourced Data Collection is utilized (either with respect to Contractors interacting with the Business, Contractor Information User that was previously collected, or Contractor Information obtained by the Business from third-party databases), the Business shall be solely responsible for implementing and hosting the applicable data collection method and the associated collection and provision of Contractor Information to the Service, including (A) configuring such method as necessary to collect and share Contractor Information with the Service and Area; (B) obtaining any necessary consents to such sharing from Contractor pursuant to a legally compliant privacy policy; and (C) providing any necessary notices to, and obtaining any necessary consents from, Contractors as required under applicable law when utilizing features via the Service. Area and the Business will be considered independent controllers of any such Contractor Information collected through Sourced Data Collection and provided by the Business to Area.

4. 3.4.

   User acknowledges that information received from Businesses or collected through the Self-Reported Data Collection may be incomplete, inaccurate, or not available to or appropriate for the Service during the term of this Agreement. Area makes no warranty about the quality or availability of the Self-Reported Data Collection or with respect to Service outputs based on Self-Reported Data Collection. Any failure by Area to provide the Service based on the quality or availability of Business Data shall not be considered a breach of these Terms.

5. 3.5.

   You acknowledge and agree that subject to Area’s compliance with applicable law, Area may: (A) collect, use, and store Business Data in a manner consistent with applicable law and the Privacy Policy for the purpose of providing the Service, to improve the Service, to enable streamlined and cross-website authentication of Businesses that provide their information to Area or otherwise use the Service, and to enable User access to classification scores, anti-fraud and risk signals and other information about the Contractor; and (B) aggregate Business Data and information derived from Business Data for any lawful purpose.

1. 4.1.

   If you are using any paid features of our Service, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Area that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Area or the third-party payment processor, as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Area the amount that is specified in the payment plan or invoice in accordance with the terms of such plan and these Terms.

2. 4.2.

   If you dispute any charges you must let Area know within sixty (60) days after the date that Area charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Area’s prices. If Area does change prices, Area will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Area’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Area’s net income.

3. 4.3.

   If you are not receiving separate invoices for payment and paying through a third-party processor, Area does not directly process payment for any services. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing Service are provided by Stripe and are subject to the Stripe terms and conditions and other policies and Stripe’s Global Privacy Policy (collectively, the “Stripe Agreements”). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Area assumes no liability or responsibility for any payments you make through the Service.

1. 5.1.

   All information we collect through our Service, including information you provide to Area, is subject to our Privacy Policy. By using our Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We strongly encourage you to review the Privacy Policy carefully to learn more about your rights and understand how and for what purpose we process your information.

2. 5.2.

   Subject to these Terms, you may be allowed to publish, post, upload, or otherwise submit materials, including, without limitation, comments, photos, reviews, proposals, notes, schedules, orders, and other information or documents (collectively, “User Content”). The ownership of such User Content submitted or made available by you shall remain yours, and you hereby grant to us, a non-exclusive, royalty-free, perpetual, irrevocable, fully paid-up, worldwide license to use, reproduce, process, modify, sublicense, adapt, prepare derivative works, publicly perform and display, publish, transmit and distribute such User Content or any portion thereof throughout the world in any format media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in the User Content. To the maximum extent permitted by law, such license should remain irrevocable in spite of any reasons, including the termination of your use of our Service.

3. 5.3.

   You also agree to release, waive, and covenant not to assert any moral rights exercisable in the User Content to the extent permitted by laws. With respect to the User Content made available by you, you acknowledge that Area is not subject to and assumes no obligation to verify, examine, approve, or determine whether such User Content are in violation of the intellectual property or personal rights of any third party. You accept full responsibility for any infringement of the intellectual property or rights of others in connection with the User Content that you provide. All User Content must comply with all applicable laws and Area’s policies, including these Terms. You agree to pay all royalties, fees, and any other payments payable to any third parties incurred in connection with your use and provision of your User Content. Area reserves the right to remove any User Content at our sole discretion, either in whole or part. You are responsible for maintaining one or more copies of your User Content as we assume no responsibility as to making the removed User Content available or retrievable following the removal thereof.

1. 6.1.

   This Service is offered and available to users who are 18 years of age or older. By using or accessing our Service, you represent and warrant you are over the age of 18. We reserve the right to withdraw or amend any Service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to Users, including registered Users. We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

2. 6.2.

   To access our Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Service that all the information you provide through our Service is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for maintaining the integrity and security of your username, password, security information, or any other information related to your account. You agree to promptly notify us of any changes to such information and keep all relevant information accurate and up-to-date. If there are any losses, damages, liabilities, or expenses incurred by us or a third party due to any unauthorized use of the account attributable to you, you should be solely liable for such losses, damages, liability, and expenses. We have the right to disable or suspend any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and our Privacy Policy.

1. 7.1.

   The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and any such materials from our Service, including any generated scores or ratings of Contractors or subcontractors are owned by Area, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2. 7.2.

   Your access or use of any part of the Service, materials, or products available through the Service should be limited solely to legitimate business needs and considerations as a Business. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Service or any information obtained therefrom or therethrough in breach of the Terms, your right to use our Service will stop immediately and you must, at our option, return or destroy any copies of the materials and information you have made. No right, title, or interest in or to our Service or any content on or obtained through our Service is transferred to you, and all rights not expressly granted are reserved by Area. Any use of our Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Area’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Area. You must not use such marks without the prior written permission of Area. All other names, logos, product and service names, designs, and slogans on this website (or shown in connection with any services provided by us) are the trademarks of their respective owners. You should consult with such trademark owners before using their trademarks in any way that would require their license or consent.

Area takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our website infringe your copyright, you may request the removal of those materials (or access to them) from the website by submitting a written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

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  Your physical or electronic signature.

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  Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.

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  Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

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  Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

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  A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

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  A statement that the information in the written notice is accurate.

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  A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Roee Gold
233 Schermerhorn St
Brooklyn, NY 11201
+1 (855) 680-2387
hi@area.us

If you fail to comply with all of the requirements of Section 512(C)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(F) of the DMCA.

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:

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  In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

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  To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

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  To impersonate or attempt to impersonate Area, a Area agent or employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

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  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Service, or which, as determined by us, may harm Area or users of our Service, or expose them to liability.

Additionally, you agree not to:

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  Use our Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party’s use of our Service, including their ability to engage in real-time activities through the website.

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  Use any robot, spider, or other automatic device, process, or means to access or exploit our Service for any purpose, including monitoring or copying any of the material on the website.

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  Use any manual process to monitor or copy any of the material or information on or made available through our Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

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  Use any device, software, or routine that interferes with the proper working of the website. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

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  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Service, the server on which the website is stored, or any server, computer, or database connected to the website.

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  Attack the website via a denial-of-service attack or a distributed denial-of-service attack.

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  Otherwise, attempt to interfere with the proper working of our Service.

You agree that Area, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Area believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Area may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Area may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Further, you agree that Area and Area Affiliates will not be liable to you or any third party for any termination of your access to the Service.

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Access and use of the Third-Party Service may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Services, please see our Privacy Policy. Area has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Area or any Area Affiliate, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Area enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. Area and Area Affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party services.

The owner of the website is based in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. 14.1.

   Area makes no representation or warranty with respect to any Contractor’s products or services, and Area disclaims any and all liability that may result from User’s use of such Contractor. Each User expressly agrees that Area shall not be liable for any costs, expenses, or damages of any kind resulting from any use of a Contractor.

2. 14.2.

   You understand and agree that Area does not hold any general contractor’s license, architect’s license, broker’s license, or other license, nor has Area held itself out to you as holding any such license. Area and its agents may provide general advice and opinions with respect to your project, but in all events, you agree to consult with a licensed and qualified professional before taking any action with respect to such advice and opinions. You shall not rely on any opinions, recommendations, or advice provided by Area. You are solely responsible for confirming the accuracy and advisability of all information and opinions received from Area.

3. 14.3.

   Notwithstanding anything to the contrary contained herein, your use of any Service or items obtained through our Service or otherwise from Area, including but not limited to the recommendations and opinions provided by Area or any result, scores, or ratings from certain features of the Service, is at your own risk. Any Service or items obtained through our Service or otherwise from Area are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Area nor any person associated with Area makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our Service or the advice or opinions provided by Area. Without limiting the foregoing, neither Area nor anyone associated with Area represents or warrants that any Service or items obtained through our Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or any Service or items obtained through our Service or otherwise from Area will meet your needs or expectations.

4. 14.4.

   Additionally, as certain Service provided by Area may involve the support of an independent third party, the information voluntarily offered by Contractors or subcontractors, and the availability of certain publicly available databases and registries, Area does not warrant, the completeness, accuracy, timeliness, or reliability of such Service and any result, comment or opinion generated therefrom or in connection therewith. In connection with such third-party services including, without limitation, the IRS TIN Matching Program, you hereby authorize Area to act as your authorized agent and obtain information, including matching names and TIN combinations, on your behalf. You understand we cannot and do not guarantee or warrant that files available for downloading from the internet or the website or emailed to you related to your access of the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website, emails you receive from us because of your use of our Service or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. To the fullest extent provided by law, Area hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law

To the fullest extent permitted by law, in no event will Area or its affiliates, licensors, service providers, employees, agents, officers, directors or shareholders, be liable to User (regardless of the form of action, whether in contract, tort, or otherwise) for any indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits and goodwill or any damages of any kind resulting from User’s use of our Service. User agrees such limitation of liability is fair and reasonable under the circumstances. The limitation of liability set out above does not apply to liability directly resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

You agree to defend, indemnify, and hold harmless Area, its affiliates, licensors, and Service providers, and its and their respective officers, directors, owners, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, “Parties of Area”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Service, including, but not limited to any use of our Service, and products other than as expressly authorized in these Terms, or your use of any Business Data or any other information obtained from our Service. Area will provide notice to you of any such claim, suit, or proceeding. Area reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Area’s defense of such matter. You may not settle or compromise any claim against the Parties of Area without Area’s written consent.

Please read this section carefully as it affects your rights.

1. 17.1.

   This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Area, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Area 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.

2. 17.2.

   YOU AND AREA 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 OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AREA AGREE OTHERWISE, THE ARBITRATOR MAY NOT 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, 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.

3. 17.3.

   Area 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 customer support at hi@area.us. If such efforts prove unsuccessful, 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 Area should be sent to hi@area.us (“Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute and (B) set forth the specific relief sought. If Area and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Area may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Area or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Area is entitled.

4. 17.4.

   Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page. If there is any inconsistency between any term of the AAA 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. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Area 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. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Area agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5. 17.5.

   Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Area or you under the AAA Rules, Area and you shall split them equally; provided that you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Area will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Area will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

6. 17.6.

   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.

7. 17.7.

   If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 17.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties 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 Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 17.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

8. 17.8.

   Notwithstanding any provision in these Terms of Service to the contrary, Area 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 Area 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 these Terms (or accepted any subsequent changes to these Terms).

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Area and Area Affiliates will have no liability or responsibility with respect thereto. Area reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

1. 19.1.

   This website is operated by Area. All notices of copyright infringement claims should be sent to the copyright agent designated in Section 9 in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the website should be directed to the address set forth in Section 19.8.

2. 19.2.

   These Terms will bind and insure to the benefit of each party’s permitted successors and assigns. Neither party may assign these Terms without the advance written consent of the other party, except that Area may assign these Terms in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of Area’s business, assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this Section will be null and void.

3. 19.3.

   These Terms and the Privacy Policy and those terms and conditions incorporated or referred to herein, constitute the entire agreement between you and Area regarding the referenced subject matter and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter. If any provision of these Terms shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms will not affect the validity and enforceability of any remaining provisions. No amendment of these Terms, unless made by Area, shall be binding on Area unless the express prior written consent of Area is obtained.

4. 19.4.

   No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms, nor will any waiver be effective unless in writing signed by a duly authorized representative on behalf of the party claimed to have waived.

5. 19.5.

   Area aims to address your concerns without the need for a formal legal proceeding. Before filing a claim against Area, you agree to try to resolve the dispute informally by contacting Area at the address set forth in Section 19.8. Area will try to resolve the dispute informally by contacting you via email or phone. If a dispute is not resolved within 30 days of submission, you or Area may bring a formal proceeding.

6. 19.6.

   All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). For any claims not subject to arbitration as set forth above, any legal suit, action, or proceeding arising out of, or related to, these Terms or Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and consent to venue and personal jurisdiction in such courts.

7. 19.7.

   To the fullest extent permitted by laws, any case of action or claim you may have to arise out of or relating to these Terms and Service, or any products obtained through our Service, must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

8. 19.8.

   Except as explicitly stated otherwise, any notices shall be given by email to Area at hi@area.us or to you at the email address you provide to Area. Notice to you shall be deemed given 24 hours after the email is sent unless the sending party is notified the email address is invalid. You consent to receive communications from Area by email in accordance with these Terms and applicable law. You acknowledge and agree all agreements, notices, disclosures and other communications Area provides to you electronically will satisfy any legal requirement that such communications be in writing.

9. 19.9.

   Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The website is provided by Area, located in San Diego, California. If you have a question or complaint regarding the website, please contact Area at the notice address listed above. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd, Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210, or by Hearing Impaired at TDD (800) 735-2929, or CRS (800) 735-2922.

If you have any questions or comments about these Terms, please contact Area at hi@area.us or call (855) 680-2387.