Terms of Service

aha(tik)va inc. Terms of Service:
Last Updated: January 12, 2024

Welcome to aha(tik)va, inc.!

This document sets forth aha(tik)va, inc.’s Terms of Service (“Terms of Service”). They detail the terms and conditions under which you may (1) access and/or use aha(tik)va, inc.’s website at (ahatikva.org), any aha(tik)va, inc. mobile and/or web-based applications, (2) obtain, use, or otherwise engage with any products, goods, or services offered by aha(tik)va, inc., (3) access and/or use media, software, programs, applications, and content, that we adopt or make available for any purpose (collectively, our “Services”). For the avoidance of doubt, use of aha(tik)va inc.’s “Services” includes but is not limited to (1) making a donation to aha(tik)va, (2) signing up to benefit from an aha(tik)va, inc. initiative, or (3) receiving goods (“Good”) from aha(tik) va, including but not limited to children’s toys.

The Services are provided by aha(tik)va, inc. (“aha(tik)va”, “we,” “our,” or “us”), located at 132 Veterans Lane Unit A-354, Doylestown, PA 18901, U.S.A. By using our Services, you are agreeing to these Terms of Service. Please read them carefully. Our Services are diverse, so additional terms or requirements (including age requirements) may apply when you use our Services. If we indicate that additional terms or conditions are applicable to certain Services, then you agree to those terms if you use those Services, in addition to these Terms of Service. You also agree to comply with all applicable local laws, regulations, and rules regarding online conduct and exportable content such as text, graphics, data, and other materials, including those of the United States and the country in which you reside. By accessing or using the Services, you intend and agree to be legally bound by these Terms of Service. You may wish to print or save a local copy of the Terms of Service for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 7 AND 8 BELOW. THESE TERMS OF SERVICE ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 11 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO THE SERVICES.

1. Using Our Services

You must follow any policies made available to you that govern your use of the Services, including but not limited to our Privacy Policy, incorporated by reference into these Terms of Service. You may not misuse our Services. For example, you may not interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping).

You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable sanctions, export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our Terms of Service or any other aha(tik)va policies, if we are investigating suspected misconduct, or for any other reason.

By using the Services, you represent and warrant that you are at least 18 years of age and that you are only using the Services for your personal, non-commercial use. Use of aha(tik)va.com to access the Services is not intended for persons under the age of 18.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms of Service, by its owner, or as otherwise permitted by law. These Terms of Service do not grant you the right to use any branding or logos used in our Services, including the aha(tik)va name and logo. You may not remove, obscure, or alter any legal notices associated with our Services.

Our Services utilize and display some Content that is not our own. For example, some Content may belong to other third parties, or other users (collectively, “Third Party Content”) or is Your Content (as defined in Section 5 below). We are not responsible for, and you waive all of our liability with respect to, Third Party Content or Your Content. Third Party Content and Your Content is the sole responsibility of the individual or entity that makes it available via the Services. We may, from time to time and at our sole discretion, (1) review Third Party Content or Your Content to determine whether it is illegal or violates our policies, and (2) we may remove or refuse to display Third Party Content or Your Content that we believe violates our policies or the law. However, as a general matter, review Content beforehand and we are not obligated to do so.

In connection with your support of aha(tik)va and use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in our e-mails. Please be aware that there may be a brief period before we are able to process your opt-out.

Some of our Services are available on mobile devices (including the ability for you to make a donation to aha(tik)va) or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable).

2. Your aha(tik)va Account

You may need an account in order to donate to aha(tik)va or use the Services. If you create your own account, make a donation aha(tik)va, or sign up to benefit from an aha(tik)va initiative, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at info@ahatikva.org.

3. Payments Made for Purpose of Donations to aha(tik)va

aha(tik)va receives donations in furtherance of providing the Services and is in the process of filing for 501(c)(3) exemption status with the IRS. If approved, we will post a notice on aha(tik)va’s website and we anticipate that all donations to aha(tik)va after of 12/1/2023 will be tax deductible (to the extent permitted under applicable law).

Fees associated with making donations may change without notice. By using the Services, including but not limited to by making a donation to aha(tik)va, you acknowledge and agree that:

  • You are at least eighteen (18) years of age;

  • You are a resident of the U.S. (if making a donation);

  • You are legally competent;

  • You agree to these Terms of Service;

  • Your donation is not tax deductible until and unless aha(tik)va is granted 501(c)(3) status in the future;

  • all details you provide to us for the purposes of using the Services, including but not limited to for purposes of making a donation, will be accurate, correct, including ownership and validity of any payment method such as a credit or debit card; and

  • you are responsible for all donations you make to aha(tik)va.

In the course of making a donation, a third-party payment provider may receive and process your credit card information from your credit card issuer. When you accept these Terms of Service, you are also agreeing to the applicable payment processor’s terms of service. We may replace our third party payment processor without notice to you.

4. Privacy and Feedback

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our Privacy Policy. We are not responsible for any information or Content that you share with others via your donation to aha(tik)va and use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service, including but not limited to information you provide as a donor to aha(tik)va for transmission to a user who signs up to benefit from aha(tik)va’s Services. If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without any obligations to you.

5. About Software in our Services

You may be required to download software (such as a mobile or desktop app) to use the Services or certain features of the Services, and the Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we may retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

aha(tik)va gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services and donate to aha(tik)va. This license is for the sole purpose of enabling you to donate to aha(tik)va, and use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms of Service. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms of Service apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms of Service.

6. Modifying and Terminating our Services

We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability. You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time. Sections 6 – 14 will survive termination or expiration of these Terms of Service indefinitely.

7. Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER AHA(TIK)VA NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ASSOCIATED WITH SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE SERVICES. WE PROVIDE THE SERVICES “AS-IS.” FOR THE AVOIDANCE OF DOUBT WE ARE NOT RESPONSIBLE FOR INJURIES SUSTAINED OR ILLNESSES SUFFERED IN CONNECTION WITH YOUR USE OF THE SERVICES.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” BY AGREEING TO THESE TERMS OF SERVICE AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

8. Liability for our Services

TO THE EXTENT NOT PROHIBITED BY LAW, AHA(TIK)VA (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, AHA(TIK)VA (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE GOODS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

9. Indemnification

You agree to indemnify, defend, and hold harmless aha(tik)va, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms of Service, any Content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

10. About these Terms of Service

We may modify these Terms of Service or any additional terms that apply to a Service for any reason (for example, to reflect changes to the law or changes to our Services). You should look at the Terms of Service regularly and the “Last Updated” date noted at the beginning of these Terms of Service. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms of Service on this webpage. By continuing to use the Services after we make modifications, you agree that you will be subject to the modified Terms of Service. If you do not agree to our modified Terms of Service, or to a particular term that governs a Service, you should discontinue your use of that Service. If there is a conflict between these Terms of Service and any additional term(s) that govern(s) a Service, the additional term(s) will control for that conflict.

These Terms of Service govern the relationship between aha(tik)va and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms of Service, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future). Ifa particular term is unenforceable, this will not affect any other terms. The laws of the United States and the District of Columbia, excluding District of Columbia’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service or the Services. You may not assign or delegate your rights or obligations relating to these Terms of Service or the Services without our prior written consent. We may assign these Terms of Service or assign or delegate any of our rights or obligations at any time.

For information about how to contact aha(tik)va, please visit our contact page.

11. Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Services.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the site or any Services or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

12. Trademarks

The aha(tik)va name, trademark, any of our logos and all related names, logos, product and service names, designs, and slogans are trademarks of aha(tik)va. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

13. Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, you agree not to use the Services:

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

  • 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 transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate us or any of our employees, other users, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

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

  • Use any device, software, or routine that interferes with the proper working of the Services.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

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

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

  • Otherwise attempt to interfere with the proper working of the Services.

14. Binding Arbitration

Without limiting your waiver and release in Section 7, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and aha(tik)va will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 14 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms of Service, this Section 14 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term “Dispute” means any claim or controversy related to the Services, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms of Service or any prior agreement; (3) claims that arise after the expiration or termination of these Terms of Service; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “aha(tik)va” means aha(tik)va and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to aha(tik)va by mail to 1200 19th Street NW, Washington, DC 20036.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or aha(tik)va may bring an individual action in a small claims court in the area where you donate to aha(tik)va and access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify aha(tik)va about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms of Service, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and aha(tik)va agree otherwise, any arbitration hearing will take place in Washington, DC. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. The payment of the JAMS fees and costs will be governed by the JAMS Rules. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you shall reimburse aha(tik)va for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, aha(tik)va will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. In this event, exclusive jurisdiction and venue for the adjudication of the Dispute shall be in the federal and state courts in and for Washington, DC, and you hereby consent to the exercise of jurisdiction by such courts. WHETHER IN COURT OR IN ARBITRATION, YOU AND AHA(TIK)VA AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms of Service.