OffersTree

Terms & Conditions

Last Updated: 05/21/2025

Thank you for visiting the Internet website at OffersTree.com ( “Company Website”) which is owned by GT Xchange, LLC, a Delaware limited liability company (“Company”, “We”, “Us” or “Our”).
The Company provides these Website Usage Terms and Conditions (the “Agreement”) to notify all users of the Company’s policies with regard to the terms and conditions that govern their use of this Company Website. Use of this Company Website is conditioned on acceptance, without modification, of this Agreement by you as a user of this Company Website (“You” or “User” or “Your”).

BY CONTINUING TO USE THIS COMPANY WEBSITE, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THE COMPANY WEBSITE (THE “EFFECTIVE DATE”). NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THE COMPANY WEBSITE. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.

By visiting this Company Website, You agree to the following:

1. Definitions:

In addition to all other defined terms in this Agreement, the following terms have the following meaning:

1.1 “Company Content” has the meaning set forth in Section 3.2 herein.
1.2 “Company Server” or “Server” means the computer software or hardware that serves and hosts the Company Website to users across the Internet.
1.3 “User(s)” mean any user of the Company Website.
1.4 “User Data” has the meaning set forth in Section 2.5 herein.

2. Access; Conditions to Use of the Site.

2.1 Subject to all of the terms and conditions of this Agreement, Company hereby grants to User a non-exclusive, revocable, and limited right to access and use the Company Website in strict compliance with this Agreement (“Access Right”) or with any other agreement that the User has entered into with the Company. The Company reserves the right to suspend or revoke this Access Right at Company’s discretion without notice. Notwithstanding the foregoing Access Right, Company also has the right to change, suspend, or discontinue any (or all) aspects or features of the Company Website at any time, and from time to time, including the availability of any content or features on the Company Website. This Access Right granted to User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Company Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
2.3 As a condition of User’s use of the Company Website, User covenants to the Company that User will not use this Company Website:

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 U.S. or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material that does not comply with requirements set out in Section 2.5.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Company Website, or which, as determined by us, may harm the Company or users of the Company Website or expose them to liability.

Additionally

Use the Company Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Company Website, including their ability to engage in real time activities through the Company Website.
Use any robot, spider or other automatic device, process or means to access the Company Website for any purpose, including monitoring or copying any of the material on the Company Website.
Use any manual process to monitor or copy any of the material on the Company Website, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Company Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Company Website, the server on which the Company Website is stored, or any server, computer or database connected to the Company Website.
Attack the Company Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Company Website.

2.4 Notwithstanding any assistance that the Company may provide, the User assumes sole responsibility for the uploading and updating of any of their User Data (if any) as may be available through the Company Website.
2.5 User Data Standards. Users further agree as follows:

2.5.1 Without limiting the generality of the foregoing, User agrees to all of the following provisions:
(a) User will not upload to, distribute or otherwise publish through the Company Website any data, information, messages, text, works, material or any other content, including, without limitation, any personal identifiable information related to the User (collectively, “User Data”) that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable;
(b) User will not upload or transmit any User Data that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law,
(c) User will not upload or transmit any User Data that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere;
(d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity;
(e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail;
(f) User will not use the Company Website for purposes not authorized by the Company; and
(g) User will not use the Company Website for any illegal purpose or any fraudulent scheme or transaction.
2.5.2 User hereby grants the Company a perpetual, worldwide, transferable, fully paid up right to use Your User Data to:
(a) provide the User with the any of the services contemplated by the Company Website, under this Agreement or under any other contract between User and Company , including without limitation any other uses normally intended for Users;
(b) to assist the Company in any way related to any allegations or claims arising out of Your use, or any other party’s use, of the Company Website, including without limitation any allegations or claims involving any unauthorized use of:
(i) any Company Content or any other proprietary information or intellectual property rights of the Company; or
(ii) any User Data of any User or any other personal identifiable information, proprietary information, or other intellectual property rights of any other User or of any other party whatsoever;
(c) to assist and cooperate with any law enforcement or any other governmental agencies in any way; and
(d) for any other lawful purpose in carrying out the Company’s corporate purpose or operations.

2.6 Without limiting the generality of any other provisions herein, User agrees to all of the following provisions:

(a) Users are explicitly prohibited from using, without prior written consent of the Company:
(i) any Company Content or any other proprietary information or intellectual property rights of the Company; or
(ii) for clarity and the avoidance of doubt, any User Data of another User or any other personal identifiable information, proprietary information or other intellectual property rights of any other User or any other party whatsoever;
(b) User shall not violate any laws or regulations in any jurisdiction anywhere, including, without limitation, any privacy laws, laws prohibiting the unauthorized use of any personal health/medical information or any other types of personal-identifiable information, any copyright laws or any other intellectual property laws, laws prohibiting the use of a person's name or likeness, or any other civil or criminal laws of any kind;
(c) Users are prohibited from violating or attempting to violate the security of the Company Website or any Company Server, including, without limitation,
(i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any user, host, or network; or
(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services;
(d) any violations of this Agreement or of any system or network security (including, but not limited to, that of the Company Website or any Company Server) may result in civil or criminal liability; and
(e) The Company has the right to investigate occurrences that may involve the violation of any laws or regulations anywhere or otherwise is a violation of this this Agreement, and the Company and has the right cooperate with law enforcement authorities or other governmental entities in prosecuting Users who are involved in such violations, including without limitation sharing any User Data with any such law enforcement authorities or other governmental entities. For clarity, the Company also reserves the right to cooperate with any and all law enforcement authorities and agencies and governmental entities, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Company Website. By User's use of the Company Website, User authorizes Company to take such action.

2.7 In the event the Company Website, now or in the future, allows User to upload, transmit, or otherwise contribute any User Data to the Company Website, User hereby represents and warrants to Company that User has the lawful right to distribute and reproduce such User Data. Also, User is solely responsible for its conduct (and the conduct of its users) while using the Company Website, including, but not limited to, all User Data in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Company Website. The Company takes no responsibility for any online distribution or publication by User or by any other party. The Company cannot and will not review every message or other User Data that User or any other party may generate or post, and Company is not responsible for the User Data thereof.
2.8 In addition to any other right to terminate this Agreement, the Company hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section 2.

(a) Users are explicitly prohibited from using, without prior written consent of the Company:
(i) any Company Content or any other proprietary information or intellectual property rights of the Company; or
(ii) for clarity and the avoidance of doubt, any User Data of another User or any other personal identifiable information, proprietary information or other intellectual property rights of any other User or any other party whatsoever;
(b) User shall not violate any laws or regulations in any jurisdiction anywhere, including, without limitation, any privacy laws, laws prohibiting the unauthorized use of any personal health/medical information or any other types of personal-identifiable information, any copyright laws or any other intellectual property laws, laws prohibiting the use of a person's name or likeness, or any other civil or criminal laws of any kind;
(c) Users are prohibited from violating or attempting to violate the security of the Company Website or any Company Server, including, without limitation,
(i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any user, host, or network; or
(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services;
(d) any violations of this Agreement or of any system or network security (including, but not limited to, that of the Company Website or any Company Server) may result in civil or criminal liability; and
(e) The Company has the right to investigate occurrences that may involve the violation of any laws or regulations anywhere or otherwise is a violation of this this Agreement, and the Company and has the right cooperate with law enforcement authorities or other governmental entities in prosecuting Users who are involved in such violations, including without limitation sharing any User Data with any such law enforcement authorities or other governmental entities. For clarity, the Company also reserves the right to cooperate with any and all law enforcement authorities and agencies and governmental entities, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Company Website. By User’s use of the Company Website, User authorizes Company to take such action.

3. Copyrights and Other Intellectual Property Rights; Reservation of Rights.

3.1 The Company's policy is to respect the copyright and intellectual property rights of others. The Company has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights) of any Users who (in the Company's determination) appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove any User Data from the Company Website that, in the Company's determination, may infringe the copyright or other intellectual property rights of any third party.
3.2 For purposes of this Agreement, the term “Company Content” collectively means: (i) all data, information, images, photos, graphics, material and all other content provided by the Company on its Company Website; (ii) the Company's trademarks/service marks, copyrights, patents, trade secrets, and all other intellectual property rights; and (iii) all personal information, photos, images, other data, or any other information about, or posted by, any of the Company's customer or member that use the Company Website or any other goods or services of the Company.
3.3 This Agreement shall not be interpreted to transfer any rights in any intellectual property from Company to any Users. As between the Company and You, You hereby acknowledge and agree that the Company, its members, or its licensors shall solely own all Company Content, and all other inventions, patents, trademarks/service marks, logos, images, graphics, content, records, analysis, data, formulae, processes, techniques, software, website designs, all other copyrights, and all other intellectual property provided by or made available by, using, or otherwise contained in, the Company Website and otherwise provided in furtherance of this Agreement (collectively, “Company IP Assets”).
3.4 Company IP Assets may not be used by User without the prior written permission from Company, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to the Company. In addition to any other conditions on the User's Access Right as set forth in this Agreement, User's Access Right is subject to the following additional conditions:

(a) User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the Company IP Assets or otherwise attempt to derive the source code of the same, or let any third party do the same;
(b) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of the Company (which the Company may or may not grant in its sole discretion);
(c) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of the Company or any other party contained or embedded in the Company IP Assets; and
(d) use of any of the Company IP Assets is prohibited except in accordance with this Agreement, and any such use without compliance with this Agreement constitutes an infringement of copyright and other intellectual property rights and is actionable under law.

3.5 User agrees to keep strictly confidential all Company IP Assets that have not been made publically available by the Company. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.

4. Privacy Issues; Consent to Company's Privacy Policy.

4.1 User agrees that: (a) if the User has any User Data or any login or password associated with this Company Website, then User is solely responsible for maintaining the confidentiality of the same; and (b) if the User has any login or password associated with this Company Website, then User (i) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User; and (ii) User will immediately notify the Company of any unauthorized use of the User's login and password.
4.2 The terms and conditions of the Privacy Policy for this Company Website (a copy of which is available at this link: Privacy Policy) are hereby incorporated into this Agreement by this reference and User hereby agrees to comply with the same at all times.

5. Indemnity

User will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and members harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's access to the Website, use of the Website, the violation or other breach of this Agreement by the User, or the infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

6. Site Resources; Provided "AS IS".

The Company Website may provide a wide variety of information, data, facts, and features (collectively, “Site Resources”) for the User's benefit and use. While the Company endeavors to provide the most current and accurate Site Resources as possible, the User acknowledges and agrees (a) the Site Resources may be general in nature, and may not apply to particular factual circumstances; and (b) the Site Resources may contain errors and should not be relied upon or act as a substitution for independent investigation by the User.

ALL SITE RESOURCES ARE PROVIDED "AS IS". ANY SITE RESOURCES MADE AVAILABLE THROUGH THIS COMPANY WEBSITE MAY BE SUPERSEDED OR MAY INCLUDE INACCURACIES. WHERE A DOCUMENT OR OTHER CONTENT IS OBTAINED FROM ANOTHER SOURCE OTHER THAN DIRECTLY BY THE COMPANY, THEN THE OTHER SOURCE (AND ITS WEBSITE, IF APPLICABLE) TAKES PRECEDENCE. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS COMPANY WEBSITE, SITE RESOURCES AND ITS COMPANY SERVERS AT ANY TIME.

7. Links to Third Party Sites.

As a convenience to Users, the Company Website may now, or in the future, provide links to other Internet web sites that are not owned by the Company, and are not under the Company's control (“Third Party Websites”). The Company does not control the Third Party Websites and is not responsible for the content or information included in any such Third Party Websites including, without limitation, any subsequent links contained within a linked site, or any changes or updates to a linked web site. Any reference from Company Website to any entity, product, service or information does not constitute an endorsement or recommendation by the Company. No Third Party Website is authorized to make any representations or warranties on the Company's behalf. Your visit to any Third Party Websites are subject to the terms and conditions of such Third Party Websites, and not this Agreement. User should refer to each Third Party Website's specific terms.

8. Disclaimer of Warranties; Disclaimer of Liability.

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITE RESOURCES AND ALL OTHER CONTENT, FEATURES OR FUNCTIONALITIES PROVIDED BY THE COMPANY THROUGH THIS COMPANY WEBSITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" AND THE ENTIRE RISK OF USE AND PERFORMANCE OF THE FOREGOING REMAINS SOLELY WITH THE USER. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES CONTAINED IN THIS COMPANY WEBSITE. ALL SITE RESOURCES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITE AND THE SITE RESOURCES OR THE COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT ANY COMPANY SERVER MAKING THE COMPANY WEBSITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE COMPANY WEBSITE, OR ANY SITE RESOURCES MADE AVAILABLE THROUGH THE COMPANY WEBSITE, OR ANY THIRD PARTY WEBSITES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

9. Change in these terms of use:

ONCE USER BEGINS TO USE THE COMPANY WEBSITE, THE COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME AND USER WILL THEREAFTER BE BOUND BY THE VERSION OF THIS AGREEMENT THAT IS IN EFFECT THE NEXT TIME THE USER VISITS THE COMPANY WEBSITE. ANY USE OF THE COMPANY WEBSITE BY USER THEREAFTER SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY USER OF ALL SUCH AMENDMENTS.

10. Termination:

In the event User, or anyone else using User's privileges, violate the terms of this Agreement (as determined in the Company's discretion), the Company reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights (as such term is defined in Section 2.1 above). In addition to any other right of the Company to terminate this Agreement, the Company further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. The Company is not required to provide mail or web page forwarding at termination.

11. Use of User Information

11.1 For purposes of this Section 11, the term “User Information” collectively means: (i) all User Data (as defined above); and (ii) any of the User's information or data related to the User's use of the Company Website or any other products or services involved in any transaction between the User and the Company
11.2 Each User hereby agrees that the Company has, and each such User hereby grants to the Company, a non-exclusive, worldwide, perpetual, assignable, sub-licensable, transferable, fully paid up right and license to use any User Information (as defined in Section 11.1 herein) in the normal course of the Company's business, including without limitation for the following purposes:(i) for statistical analysis, industry trend analysis, and/or evaluating the efficiency of the features and functionalities of the Company Website or any other Company goods or services and/or to improve or augment the Company Website or any other Company goods or services; (ii) for any marketing, advertising, or other methods of promoting (including without limitation in any digital, print or in any other media) the Company's business; and/or (iii) for any other lawful purposes that support and promote Company's overall business purposes or operations.

12. Governing Law; Arbitration; Class Action Waiver

12.1 Governing Law: Regardless of where you live or from which physical location you access the Company Website, the substantive and choice of law provisions of the State of Delaware shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to Delaware's conflict of law provisions, but Delaware law shall not apply to the arbitration provisions in Section 12.3 of this This Agreement, which are governed solely by the Federal Arbitration Act.
12.2 Non-Waiver: Our failure to exercise or enforce any right or provision of this Agreement This Agreement shall not constitute a waiver of such right or provision.
12.3 Alternative Dispute Resolution:
BY CONSENTING TO THIS AGREEMENT AND/OR BY CONTINUING TO USE THE COMPANY WEBSITE, YOU AGREE THAT, IF ANY DISPUTE ARISES OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT AND/OR OUR COMPANY WEBSITE (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "DISPUTES"), ANY AND ALL SUCH DISPUTES SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION IN THE STATE OF DELAWARE BEFORE A RETIRED JUDGE OR JUSTICE WITH JAMS PURSUANT TO JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES ("JAMS RULES")IN EFFECT AT THE TIME OF ANY SUCH DISPUTE.
PURSUANT TO JAMS RULES IN EFFECT AT THE TIME, THE COMPANY MAY REQUEST THAT THE ARBITRATOR CONDUCT ANY PROCEEDING, OR ANY PORTION THEREOF, IN-PERSON OR VIRTUALLY BY CONFERENCE CALL, VIDEOCONFERENCE OR USING OTHER COMMUNICATIONS TECHNOLOGY WITH PARTICIPANTS IN ONE OR MORE GEOGRAPHICAL PLACES.
YOU AND THE COMPANY MUTUALLY AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS THIS AGREEMENT AND ANY SUCH DISPUTES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE.
IF THE PARTIES ARE UNABLE TO AGREE ON A JAMS RETIRED JUDGE OR JUSTICE WITHIN FIFTEEN (15) CALENDAR DAYS OF A DEMAND FOR ARBITRATION FILED WITH JAMS BY EITHER OF US, JAMS WILL FOLLOW THE PROCEDURE IN ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES TO NAME A RETIRED JUDGE OR JUSTICE WHO WILL ACT AS THE SOLE ARBITRATOR. ANY DECISION OF THE ARBITRATOR MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION AND THE ENSUING JUDGMENT MAY THEREAFTER BE ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION. THE ENSUING JUDGMENT MAY ALSO BE APPEALED PURSUANT TO APPLICABLE FEDERAL LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT AND YOUR USE OF THE COMPANY WEBSITE INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
12.4 Class Action Waiver:
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, (i) YOU AND THE COMPANY HEREBY MUTUALLY INTEND AND AGREE THAT NEITHER WILL ASSERT ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS, NOR WILL SUCH ACTIONS OR PROCEDURES APPLY IN ANY ARBITRATION PURSUANT TO THIS AGREEMENT; (ii) WE MUTUALLY AGREE THAT NEITHER WILL ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR IN ANY OTHER PROCEEDING OR ACTION; AND (iii) YOU SHALL ONLY SUBMIT YOUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON.
12.5 Arbitration Confidentiality
EACH USER HEREBY AGREES THAT SUCH USER SHALL KEEP THE DISPUTES (AS DEFINED ABOVE), AS WELL AS THE ARBITRATION PROCEEDINGS AND AWARD REGARDING SUCH DISPUTES, STRICTLY CONFIDENTIAL AT ALL TIMES.
12.6 Arbitral Jurisdiction.
YOU AND THE COMPANY AGREE THAT THIS AGREEMENT AND THE USE OF THE COMPANY WEBSITE INVOLVES INTERSTATE COMMERCE AND THE ARBITRATION WILL BE GOVERNED BY THE PROVISIONS OF THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET SEQ.). DELAWARE SUBSTANTIVE LAW SHALL GOVERN THE UNDERLYING DISPUTES TO BE ARBITRATED.
YOU AND THE COMPANY AGREE THAT THE ARBITRATOR, NOT ANY FEDERAL OR STATE COURT JUDGE, SHALL HAVE THE EXCLUSIVE JURISDICTION TO RESOLVE ANY AND ALL DISPUTES REGARDING THE ARBITRATOR'S JURISDICTION AND THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS BINDING AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO DETERMINING WHICH DISPUTES ARE SUBJECT TO ARBITRATION, OR ANY CONTENTION THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS UNENFORCEABLE, VOIDABLE OR VOID.

13. Miscellaneous Provisions

13.1 Notices: Except as otherwise expressly provided in this Agreement, any communications between the parties, or notices to be given hereunder, will be given in writing by personal delivery, express courier, facsimile, or United States Postal Service, postage prepaid, or by email to User at any address (or facsimile or email) it has provided to the Company, or to the Company at the official address (or official facsimile or official email address) given for the Company's corporate headquarters, or to such other addresses or numbers as the Company may thereafter indicate pursuant to this Section. Unless otherwise provided in this Agreement, any communication or notice so addressed and mailed will be deemed to be given five (5) days after mailing; provided, however, any communication or notice delivered: (a) by facsimile will be deemed to be given when the transmitting machine generates a receipt of a successful transmission of the notice; or (b) by email will be deemed to be given when the email has been generated and sent by the sender. Unless otherwise provided in this Agreement, any communication or notice given by personal delivery will be deemed to be given immediately upon such delivery, provided such delivery is made to the person indicated below.
13.2 Remedies: User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Company Website, and therefore User agrees that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
13.3 Attorney Fees: If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
13.4 Binding Effect; No Assignment by User; Permissible Assignment by the Company: This Agreement shall be binding upon and inure to the benefit of each party's respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part. Any purported assignment in violation of this Section shall be void. The Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
13.5 Entire Agreement; Modification; Waiver: This Agreement, including any attachments and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of the Company, its agents, or employees, but only by an instrument in writing signed by an authorized employee of the Company. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remainder of the Agreement shall continue in effect.

If You Have Questions: If You have questions about this Agreement, You may contact the Company at: Admin@OffersTree.com.