WORLD FAMOUS CAPTAIN DEPLORABLE

Terms and conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Covfefe, LLC ("Covfefe", "Captain Deplorable" "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the CaptainDeplorable45.com website and any of its products or services (collectively, "Website" or "Services").

1. Captain Deplorable Custom Request

By creating a request on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Request using a false identity or providing false information. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized Request made under your name/information.

2. Captain Deplorable Custom Request Soundbite audios or videos

Through our Site, you may obtain personalized soundbite audios or videos (“Custom Request Soundbite audios or videos”) from Captain Deplorable (each, a “Captain Deplorable”). You may submit a request to Captain Deplorable for a Soundbite audio that is personalized for you or a third party that you identify as a recipient (“Recipient”).

You acknowledge and agree that Captain Deplorable has sole discretion to determine how to fulfill your request and the content of the Custom Request Soundbite audio created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. Captain Deplorable has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the request page on our Site at the time you submitted the request.

Custom Request Soundbite audios or videos are licensed, not sold. You are buying the right (or license) to use it, not the actual Soundbite audio itself.

Subject to your payment in full, Captain Deplorable hereby grants to you the following limited rights to use the Soundbite audio (other than a Business Custom Request Soundbite audio) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Custom Request Soundbite audio, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.

You may not sell, resell, commercialize, or encumber your rights in any Captain Deplorable Offering, including creating a non-fungible token (“NFT”) from any Captain Deplorable Offering except as agreed by Captain Deplorable in writing. You may sublicense your rights in a Captain Deplorable Soundbite audio only to the extent necessary for you to use the Captain Deplorable Soundbite audio as permitted under these Terms (for example, sharing it (if it is not a Business Captain Deplorable Soundbite audio) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).

You may use a Captain Deplorable Soundbite audio only in accordance with these Terms, which includes our Acceptable Use Policy / Community Guidelines. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Captain Deplorable Soundbite audio from our Site at any time for any reason without any notice to you.

3. Business Captain Deplorable Soundbite audios or videos

Captain Deplorable may offer Soundbite audios or videos for the promotion of a Recipient that is a product, service, brand, or business of a single commercial business, or not-for-profit or governmental entity from the U.S., United Kingdom, Canada, Australia, New Zealand, or Japan (each, a "Business") through our Site (each, a "Business Captain Deplorable Soundbite audio"). Except as noted, each Business Captain Deplorable Soundbite audio is a Captain Deplorable Soundbite audio under these Terms. When you submit a request for a Business Captain Deplorable Soundbite audio, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request Captain Deplorable to mention or refer to, and any other requested information.

Subject to your payment in full, Captain Deplorable hereby grants to you the following limited rights to use the Business Captain Deplorable Soundbite audio solely for the reasonable promotional purposes of the Business for 30 days from the date the Business Captain Deplorable Soundbite audio is sent by Captain Deplorable to you (and for any additional periods that have been agreed), subject to these Terms:

a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Business Captain Deplorable Soundbite audio only on or in one of the following (as designated at the time of the request): (A) one website wholly-owned, operated, and controlled by the Business; (B) one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, or Twitter; in each case, where the website and social media account is wholly-owned, operated, and controlled by the Business, along with the right to advertise and promote the display of the Business Captain Deplorable Soundbite audio on the social media account through advertising only on the applicable social media platform; (C) one communication sent through a Business-operated and controlled channel of communication (such as an email blast or text message); (D) if the Business has fewer than 1,000 employees, one event conducted and operated by the Business (for example, a company-wide meeting).

 4. Business Captain Deplorable Soundbite audios or videos, Lifetime License

Captain Deplorable may offer Soundbite audios or videos for the promotion of a Recipient that is a product, service, brand, or business of a single commercial business, or not-for-profit or governmental entity from the U.S., United Kingdom, Canada, Australia, New Zealand, or Japan (each, a "Business") through our Site (each, a "Business Captain Deplorable Soundbite audio"). Except as noted, each Business Captain Deplorable Soundbite audio is a Captain Deplorable Soundbite audio under these Terms. When you submit a request for a Business Captain Deplorable Soundbite audio, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request Captain Deplorable to mention or refer to, and any other requested information.

Subject to your payment in full, Captain Deplorable hereby grants to you the following limited rights to use the Business Captain Deplorable Soundbite audio solely for the reasonable promotional purposes of the Business for Lifetime Use from the date the Business Captain Deplorable Soundbite audio is sent by Captain Deplorable to you (and for any additional periods that have been agreed), subject to these Terms:

a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Business Captain Deplorable Soundbite audio/or video only on or in the following (as designated at the time of the request): (A) one website wholly-owned, operated, and controlled by the Business; (B) one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, or Twitter; in each case, where the website and social media account is wholly-owned, operated, and controlled by the Business, along with the right to advertise and promote the display of the Business Captain Deplorable Soundbite audio/ or video on the social media account through advertising only on the applicable social media platform; (C) one communication sent through a Business-operated and controlled channel of communication (such as an email blast or text message); (D) if the Business has fewer than 1,000 employees, one event conducted and operated by the Business (for example, a company-wide meeting).

You may sublicense your rights in a Business Captain Deplorable Soundbite audio/video only to the extent necessary for you to use the Business Captain Deplorable Soundbite audio/video as permitted under these Terms (for example, posting it on a website or social media account as set forth in this section 3.b.).

No other use is authorized under these Terms. To request other uses (for example, additional time; use on additional websites, social media accounts, or communications; the ability to add a Business name or logo as a watermark, etc.), contact us at info@captaindeplorable45.com.

Business Captain Deplorable Soundbite audio/video Representations and Warranties: You represent and warrant that:

the Business is located, and operates, in the U.S., the United Kingdom, Canada, Australia, New Zealand, or Japan;

any information provided to Talent is factually correct and not misleading and is not disparaging or defamatory;

you and the Business will comply with all applicable laws, rules, and regulations, including those that may require adding an appropriate hashtag (for example, #ad, #sponsored) or other disclosure to the Business Captain Deplorable Soundbite audio/video to identify it as a commercial endorsement, such as the U.S. Federal Trade Commission publication “Guides Concerning the Use of Endorsements and Testimonials in Advertising” and any similar requirements that may be applicable to you; and

you have all rights necessary (including from the Business) to request a Business Captain Deplorable Soundbite audio/video on behalf of the Business, to agree to these Terms on behalf of the Business, and to request and use the Business Captain Deplorable Soundbite audio/video as authorized in these Terms, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.

4. Acknowledgement

You acknowledge and agree that:

Captain Deplorable will not be liable or responsible for any Captain Deplorable Soundbite audio or other offering requested by you or any Submission (defined below) you make;

you have no expectation of privacy with respect to any Captain Deplorable Soundbite audio requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;

the Captain Deplorable watermark on each Captain Deplorable Soundbite audio must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Captain Deplorable Soundbite audio or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a Captain Deplorable Soundbite audio or assist or encourage any third party to do so;

if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any Captain Deplorable Soundbite audio, or other offering under these Terms, terminates and you must: promptly remove all copies of any Captain Deplorable Soundbite audio, or other offering, in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and

without limiting any of our rights, any request you submit through our Site may be rejected by Captain Deplorable; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in Captain Deplorable’s sole discretion, including terminating your license to use any Captain Deplorable Soundbite audio or other offering under these Terms and requiring you to take the actions outlined in Section 4.d.

5. Additional Terms

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.

6. Eligibility

Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site.

Eligibility Representations and Warranties: You represent and warrant that:

you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;

you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;

you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and

you are not a convicted sex offender.

Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by Captain Deplorable are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Captain Deplorable products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.

7. Fees and Payment

Fees: The fee for a Captain Deplorable Soundbite audio or other offering is specified on the Custom Request Form on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.

Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, Captain Deplorable may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.

Payment: You may request a Captain Deplorable Soundbite audio by using a valid payment card through the applicable third party payment provider. You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that Captain Deplorable does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a Captain Deplorable Soundbite audio and no refunds will be issued.

Website: By providing your payment information, you authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.

Captain Deplorable reserves the right (but is under no obligation) to cancel your request for any Captain Deplorable Soundbite audio or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. Captain Deplorable also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.

Payment Questions: If you have a question about a purchase made or a charge to your payment card, please contact us at info@captaindeplorable45.com. We have the sole discretion to determine how billing disputes between us will be resolved.

Taxes: If your purchase obligates Captain Deplorable to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you, Captain Deplorable will collect Sales Tax in addition to the fee for your purchase. If you have not remitted applicable Sales Tax to Captain Deplorable, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify Captain Deplorable for any liability or expense Captain Deplorable may incur in connection with the payment of Sales Taxes on your purchases. At Captain Deplorable’s request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes on your purchases from Captain Deplorable (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).

8. Ownership

You acknowledge and agree that each Captain Deplorable Soundbite audio or other offering is owned by the Talent who created it.

You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works  (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (soundbite audio, text, audio, or otherwise) that you make or send to us, including information concerning any Recipient; and (ii) any submission that you make to Captain Deplorable, whether through our Site, a social media platform, third party website, or otherwise, including a reaction soundbite audio, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, soundbite audio, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Captain Deplorable will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.

We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.

Captain Deplorable desires to avoid the possibility of future misunderstandings if a project developed by any Captain Deplorable Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Captain Deplorable has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Captain Deplorable a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.

9. Intellectual Property Policy

If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:

your address, telephone number, and email address;

a description of the work that you claim is being infringed;

a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;

an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent: info@captaindeplorable45.com

If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.

10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

11. Third Party Content and Interactions

Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of Captain Deplorable, including Soundbite audios or videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of Soundbite audios or videos and other offerings that allow interactions with third parties, including between Users, are the sole responsibility of the people involved in those interactions. Captain Deplorable is not responsible for the content of the interactions you may have with third parties through Captain Deplorable Soundbite audios or videos or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with Captain Deplorable except as expressly permitted through our Site. You also agree that Captain Deplorable may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Captain Deplorable if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each Captain Deplorable Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".

From time to time, an entity may be identified or be associated with Captain Deplorable elsewhere on our Site as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, Captain Deplorable may indicate that all or a portion of the revenue from a Custom Request Soundbite audio will be given to the Charity. Those arrangements are strictly between Captain Deplorable and the Charity. Captain Deplorable is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by Captain Deplorable). Unless expressly stated, Captain Deplorable does not control and makes no warranties about the Charity or any donation to the Charity.

12. Links

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

13. Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Captain Deplorable and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. Captain Deplorable may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

15. Disclaimers and Limitations on our Liability

You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Captain Deplorable disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.

In particular, Captain Deplorable makes no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that Captain Deplorable will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.

You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any Custom Request Soundbite audio, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a Captain Deplorable Soundbite audio, will create any warranty not expressly made by us.

You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Captain Deplorable is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Captain Deplorable with respect thereto.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will Captain Deplorable be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Captain Deplorable has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Captain Deplorable from you during the 12 months preceding the claim giving rise to such liability.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Captain Deplorable and you.

16. Arbitration Agreement and Waiver of Certain Rights

Arbitration: You and Captain Deplorable agree to resolve any disputes between you and Captain Deplorable through binding and final arbitration instead of through court proceedings. You and Captain Deplorable each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Captain Deplorable relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Captain Deplorable will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

No Preclusions: This arbitration agreement does not preclude you or Captain Deplorable from seeking action by federal, state, or local government agencies. You and Captain Deplorable each also have the right to bring any qualifying Claim in small claims court. In addition, you and Captain Deplorable each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

No Class Representative or Private Attorney General: You and Captain Deplorable each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Captain Deplorable). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with Captain Deplorable.

30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: info@captaindeplorable45.com. Your notice must include your name and address, any usernames, each email address you have used to submit your Captain Deplorable Custom Soundbite audio requests or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

LIMITATIONS: This Section 17 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or Captain Deplorable would have in court may not be available in arbitration.

17. Other Provisions

Force Majeure: Under no circumstances will Captain Deplorable be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of Captain Deplorable.

Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Richmond, VA. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

No Waiver or Amendment: The failure by Captain Deplorable to enforce any right or provision of these Terms will not prevent Captain Deplorable from enforcing such right or provision in the future and will not be deemed to modify these Terms.
Assignment: Captain Deplorable may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

18. Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.