SHUFFLE OU TERMS OF SERVICE
Last Updated: August 27, 2018
1. Contractual Relationship.
These Terms of Service (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the “Services” as more fully defined below in Section 3) made available in the State of Oklahoma, United States, by Shuffle LLC, d/b/a Shuffle OU, and its parents, subsidiaries, representatives, affiliates, members, managers, and officers (collectively, “Shuffle”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SHUFFLE. In these Terms, the words “including” and “include” mean “including but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Shuffle may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SHUFFLE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity, or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Shuffle may amend the Terms from time to time without notice to you. Amendments will be effective upon Shuffle’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended by Shuffle.
2. Arbitration Agreement.
By agreement to the Terms, you agree that you are required to resolve any claim (unless otherwise provided herein) that you may have against Shuffle on an individual and not a class or collective basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Shuffle and will also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Shuffle by someone else.
2.1. Agreement to Binding Arbitration Between You and Shuffle. You and Shuffle agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Shuffle, and not in a court of law.
You acknowledge and agree that you and Shuffle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Shuffle otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Shuffle each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
2.2. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect or such other rules of the AAA then in effect that the Arbitrator (as herein defined) determines are the closest approximation to the AAA Rules, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”) and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found not to apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Oklahoma.
2.3. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling 1-800-778-7879. The Arbitrator will be either (i) a retired state or federal judge or (ii) an attorney licensed to practice law in the State of Oklahoma and selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
2.4. Location and Procedure. Unless you and Shuffle agree otherwise, the arbitration will be conducted in Cleveland County, Oklahoma. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Shuffle submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
2.5. Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party prevailing in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
2.6. Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Shuffle will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)).
2.7. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services. The Services comprise mobile applications (“Applications”) and transportation services which enable users to arrange transportation on Shuffle vehicles. Unless otherwise agreed by Shuffle in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
3.1. License. Subject to your compliance with these Terms, Shuffle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Shuffle and Shuffle’s licensors.
3.2. Restrictions. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Shuffle; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (v) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.3. Security. You are prohibited from violating or attempting to violate the security of the Applications, including, without limitation, (i) accessing data not intended for you or logging onto a server or account which you are 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, including, without limitation, via means of submitting a virus to the Applications, overloading, flooding, spamming, mailbombing, or crashing; (iv) sending unsolicited email or other communications, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of the security of the Applications and associated servers, accounts, systems, and/or networks may result in civil or criminal liability. Shuffle will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involve in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Applications or any activity being conducted thereon. You agree further not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Applications other than those search engines and search agents that are generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
3.4. Links. The Applications may provide or third parties may provide hypertext links to other sites or resources on the Internet. Any references on the Applications to any names, marks, products, or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Shuffle’s endorsement, sponsorship, or recommendation of the third party, its information, products, or services unless Shuffle states otherwise in writing. Shuffle is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. You further acknowledge and agree that Shuffle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on any such content, goods, or services available on or through any such site or resource.
3.6. Ownership. The Services and all rights therein are and shall remain Shuffle’s property or the property of Shuffle’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Shuffle’s company names, logos, product and service names, trademarks or service marks, or those of Shuffle’s licensors.
3.7. Security Video/Audio Recording. The user is hereby notified that for security and safety purposes, every ride provided by Shuffle will be video and audio recorded and can be used for legal purposes in defense of Shuffle and its users. Users will not have access to these recordings unless otherwise required for lawful purposes in defense of Shuffle.
4. Access and Use of the Services.
4.1. User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Shuffle certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Shuffle. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Shuffle in writing, you may only possess one Account. Shuffle may refuse to grant a particular user name to you for any reason, including if Shuffle determines that such user name (i) impersonates someone else; (ii) is protected by trademark or other proprietary right law; or (iii) is vulgar or otherwise offensive.
4.2. User Requirements and Conduct. The Services are not available for use by persons under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian and agree to the Terms for the benefit of a minor under the age of 18, you agree to be responsible for such child’s use of the Services, including any financial charges and/or liability that may be incurred. You may not authorize third parties to use your Account and you may not allow persons under the age of 18 to use the Applications or participate in the Services unless they are accompanied and supervised by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage to any party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
4.4. Referrals and Promotional Codes. Shuffle may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services subject to additional terms that Shuffle establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Shuffle; (iii) may be disabled by Shuffle at any time for any reason without liability to Shuffle; (iv) may only be used pursuant to the specific terms that Shuffle establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Shuffle reserves the right to withhold or deduct credits or other features or benefits obtained through use of the referral system or Promo Codes by you or any other user in the event that Shuffle determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of the Terms.
4.5. User Provided Content. Shuffle may, in Shuffle’s sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Shuffle through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiating of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Contend to Shuffle, you grant Shuffle a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Shuffle’s business and on third-party sites and services), without further notice to or consent from you and without the requirement of payment to you or any other person or entity.
With respect to all User Content provided by you, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Shuffle the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Shuffle’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Shuffle in its sole discretion, whether or not such material may be protected by law. Shuffle may, but shall not be obligated to, review, monitor, or remove User Content, at Shuffle’s sole discretion and at any time and for any reason, without notice to you.
4.6. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Shuffle does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Payment. You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Shuffle will receive and/or enable your payment of the applicable Charges for services or good obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees and/or surcharges.
All Charges and payments will be enabled by Shuffle using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Shuffle may use a secondary payment method in your Account, of available. Charges paid by you are final and non-refundable, unless otherwise determined by Shuffle, in its sole discretion.
As between you and Shuffle, Shuffle reserves the right to establish, remove, and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Shuffle’s sole discretion. Shuffle will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Shuffle may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services of the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. After you have received Services, you may have the opportunity to rate your experience and leave additional feedback. Shuffle may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third parties.
Gratuities to Shuffle drivers are wholly voluntary and you are under no obligation to pay a gratuity.
6. Damage, Cleaning, and Lost and Found. You shall be responsible for the cost of repair for the damage to or necessary cleaning of Shuffle vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning. These damages include, but are not limited to, discharge of bodily fluids in any manner and an automatic and non refundable fee of $50 will be charge to the involved passenger(s). In the event that repair or cleaning is determined to be necessary, in Shuffle’s sole discretion, Shuffle reserves the right to facilitate payment for the reasonable cost of such repair or cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Shuffle to third parties, as necessary to carry out this provision, and are non-refundable. Shuffle is not responsible for any items left by you in a Shuffle vehicle, however, Shuffle will retain any such lost items that it finds for a period of no more than thirty (30) days before discarding or otherwise disposing of the same.
7. Disclaimers; Limitation of Liability; Indemnity.
7.1. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHUFFLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, SHUFFLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
7.2. LIMITATION OF LIABILITY. SHUFFLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SHUFFLE EVEN IF SHUFFLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHUFFLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILTIY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF SHUFFLE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SHUFFLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SHUFFLE’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
7.3. INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD SHUFFLE AND ITS AFFILIATES AND THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) SHUFFLE’S USE OF YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
8. Other Provisions.
8.1Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, United States, without giving effect to any conflict of laws provision, except as may be otherwise provided in the Arbitration Agreement or in supplemental terms applicable to you.
8.2Notices. Shuffle may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Shuffle, with such notice deemed given when received by Shuffle, at any time by first class mail or pre-paid post to Shuffle’s registered agent for service of process.
8.3General. You may not assign these Terms without Shuffle’s prior written approval. Shuffle may assign these Terms without your consent to a subsidiary or affiliate, an acquirer of Shuffle’s equity, or a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Shuffle, and any third party as a result of these Terms or your use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law. Shuffle’s decision, for any reason, not to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shuffle in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.