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Last Modified: Nov 15th, 2018

    These Terms of Service ("TOS") represent a binding contract between you and Lumos Labs, Inc., and by creating an account ("Account") or otherwise accessing Lumosity, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED IN SECTION 14. The TOS incorporate the provisions of the Privacy Policy and Payment Policy, so please review them carefully as well. If you do not agree to be bound by the TOS, you may not use or purchase Lumosity.

    Thank you for using Lumosity! Lumosity is created by Lumos Labs, Inc. ("Lumos Labs," "our," "us," "we," or "Lumosity"). These TOS govern the use of Lumosity services online (1) at lumosity.com, (2) on mobile devices, and (3) on any other services that include a link to and/or copy of this TOS on the homepage of the applicable website or similar location (e.g. a settings page) for any applicable mobile applications (collectively, "Lumosity"), which are owned and operated by Lumos Labs.

    All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in Lumosity in any manner, and each of your heirs, assigns, and successors.

    1. Eligibility
    2. Your Account Information
    3. Intellectual Property
    4. User Content and Feedback
    5. Your License to Use Lumosity
    6. Canceling Your Account
    7. Restrictions and Prohibited Uses
    8. Disclaimers
    9. Limitation of Liability
    10. DMCA Contact
    11. Indemnity
    12. Third-Party Links and Services
    13. Modification and Termination
    14. Agreement to Arbitrate and Waiver of Class Action Claims
    15. General
    1. Eligibility
    2. To use Lumosity you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these TOS. If Lumos Labs has previously prohibited you from accessing or using Lumosity, you are not permitted to access or use Lumosity.

    3. Your Account Information
    4. Lumosity provides a personalized content and training experience. When you create an Account, we require you to provide information about yourself, including your email address and a password ("Account Information"). You agree to provide accurate, current, and complete information during the registration process, and to update information to keep it accurate, current, and complete. We may allow you to register for an Account using third-party account and log-in credentials, such as Facebook and Google. You are solely responsible for safeguarding your Account Information or any log-in credentials for any third-party account. You are solely responsible for all activity that occurs on your Account, and you will notify us immediately of any unauthorized use. Lumos Labs will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Lumos Labs or a third party due to someone else using your Account.

    5. Intellectual Property
    6. Lumosity is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Lumosity content in any form outside of Lumosity and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Lumosity content. You agree that all data and algorithms in our flash files and associated servers are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Lumosity. All intellectual property rights in Lumosity are, as between you and Lumos Labs, the sole and exclusive property of Lumos Labs.

      Some Lumosity features either now or in the future may allow you to post or submit content and materials for publication on Lumosity ("Your Content"). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Lumosity or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

      We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

    7. User Content and Feedback
    8. Some Lumosity features either now or in the future may allow you to post, transmit, or submit content and materials to, through, or on Lumosity (collectively, "Your Content"). Your Content may or may not be viewable by other users. You are responsible for Your Content, and acknowledge that once published, we cannot always control who can access and copy it.

      You own any intellectual property rights to Your Content, but you grant Lumos Labs a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish Your Content for purposes of enabling us to offer Lumosity or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. Notwithstanding the foregoing, our use of your personal data shall be governed by our Privacy Policy.

      You acknowledge and agree that Your Content is your sole responsibility. You further agree that you have all required rights to post, transmit, or submit Your Content to, through, or on Lumosity without violation of any third-party rights. You understand that Lumos Labs does not control, and is not responsible for, Your Content, and that by using Lumosity, you may be exposed to content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Content from other users may contain typographical errors, other inadvertent errors, or inaccuracies. You will indemnify, defend, and hold harmless Lumos Labs for all claims resulting from Your Content. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

      You acknowledge and agree that Lumos Labs and its designees may or may not, at Lumos Labs’s discretion, pre-screen Your Content before its appearance on Lumosity, but that Lumos Labs has no obligation to do so. You further acknowledge and agree that Lumos Labs reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any of Your Content that is contributed to Lumosity. Without limiting the foregoing, Lumos Labs and its designees shall have the right to remove any of Your Content that violates these TOS or is otherwise objectionable in Lumos Labs’s sole discretion. You acknowledge and agree that Lumos Labs does not verify, adopt, ratify, or sanction Your Content, and you agree that you must evaluate and bear all risks associated with your use of any content from other users or your reliance on the accuracy, completeness, or usefulness of that content.

      We appreciate when you provide us feedback, comments, questions, or suggestions concerning Lumosity, Lumos Labs, or our services (collectively, "Feedback"). By sending us any Feedback, you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Lumos Labs and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or Lumosity.

      We are providing you with access to Lumosity pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Lumosity for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Lumosity by applicable law and your Account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Lumosity. Lumos Labs reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

    9. Your License to Use Lumosity
    10. We are providing you with access to Lumosity pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Lumosity for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Lumosity by applicable law and your Account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Lumosity. Lumos Labs reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

    11. Canceling Your Account
    12. While we hope you enjoy using Lumosity, you may cancel your account at any time by contacting our customer support team. For information about the availability of refunds, please review our Payment Policy.

    13. Restrictions and Prohibited Uses
    14. Lumosity is used by millions of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:

      • Attempt to impersonate another person or use another person’s Lumosity account information without authorization;
      • Use or distribute Lumosity for your own scientific or clinical research purposes;
      • Use or distribute Lumosity for commercial purposes;
      • Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
      • Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOS), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through Lumosity, by any means except as provided for in these TOS;
      • Violate or attempt to violate Lumosity’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of Lumosity systems and networks;
      • Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code);
      • Redistribute, decompile, reverse engineer, publish, or copy Lumosity, including cracking its flash (.SWF) files;
      • Use Lumosity for the purpose of creating a product with a substantially similar look, feel or design;
      • Access or search Lumosity by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of Lumosity or accessing Lumosity through any API approved by Lumos Labs);
      • Interfere with others’ use and enjoyment of Lumosity;
      • Post or do anything that could disable, overburden, or impair the proper working of Lumosity;
      • Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
      • Use Lumosity or any trademarks, game names, trade names, service marks, copyrights, or logos of Lumos Labs, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
      • Violate any third party’s rights, including intellectual property or privacy rights;
      • Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

      Engaging in prohibited uses is grounds for immediate termination of your Account, and may also subject you to civil or criminal penalties.

    15. Disclaimers
    16. YOU AGREE THAT USE OF LUMOSITY IS AT YOUR OWN SOLE RISK AND THAT LUMOSITY IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMOS LABS AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING LUMOSITY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

      If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

      LUMOS LABS STRIVES TO MAINTAIN LUMOSITY ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO LUMOSITY AT ALL TIMES.

      LUMOSITY IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND LUMOSITY IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.

    17. Limitation of Liability
    18. IN NO EVENT SHALL LUMOS LABS OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO LUMOSITY FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO LUMOSITY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF LUMOSITY; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

      YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LUMOS LABS AND YOU. YOU UNDERSTAND THAT LUMOSITY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you. If you are a New Jersey resident, then the limitations herein specifically do apply to you.

    19. DMCA Contact
    20. We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Lumosity, you may contact our designated agent by email to dmca-complaint@lumoslabs.com or at the following address:

      Lumos Labs, Inc.
      ATTN: DMCA Complaint
      140 New Montgomery St. Floor 19
      San Francisco, CA 94105

      You must include the following information in your complaint:

      • a description of the copyrighted work or other intellectual property that you claim has been infringed;
      • a description of the material that you claim is infringing and where it is located on Lumosity;
      • your mailing address, telephone number, and if available, email address;
      • a statement by you that you have a good faith belief that the use of the material on Lumosity is not authorized by the copyright owner, its agent, or the law;
      • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

      Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

    21. Indemnity
    22. You will indemnify and hold harmless Lumos Labs, its affiliates, officers and/or employees (and all successors and assigns of any of the foregoing), including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Your Content, your violation of any applicable law, or the violation of the TOS by you.

      Through Lumosity, you may be able to obtain (1) information and content provided by third parties; and (2) links to third-party websites or resources. Lumos Labs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Lumos Labs 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 use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

    23. Modification and Termination
    24. Lumos Labs reserves the right at any time to modify or discontinue, temporarily or permanently, Lumosity (or any part thereof), with or without notice. You agree that Lumos Labs shall not be liable to you or any third party for any modification, suspension or discontinuance of Lumosity.

      These TOS are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of Lumosity at any time for any or no reason at all, with or without notice to you. If we terminate your right to access Lumosity, these TOS will terminate and all rights you have to access Lumosity will immediately terminate; however, certain provisions of these TOS will still apply post termination, including without limitation, the Agreement to Arbitrate and Waiver of Class Action Claims provisions. Termination of your Account may also include, at Lumos Labs’s sole discretion, the deletion of your Account and/or Your Content.

    25. Agreement to Arbitrate and Waiver of Class Action Claims
    26. PLEASE READ THIS SECTION 14 CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

      You and Lumos Labs agree that these TOS affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

      If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against Lumos Labs, you agree to try to resolve the dispute by contacting us in writing at Lumos Labs, Inc., ATTN: DISPUTE NOTICE, 140 New Montgomery St. Floor 19, San Francisco, CA 94105, or by email to legal-dispute-notice@lumoslabs.com. Before we file a claim against you, we agree to contact you at the email address associated with your Account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

      A. GENERAL. YOU AGREE THAT YOU AND LUMOS LABS WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO LUMOSITY OR YOUR USE THEREOF, INCLUDING THESE TOS (collectively, "ARBITRAL CLAIMS"), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
      ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

      B. ARBITRATION SERVICES AND RULES. Judicial Arbitration and Mediation Services ("JAMS") will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed ("JAMS Rules"). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com.

      C. FILING AND ARBITRATION FEES. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including arbitrator and hearing expenses. Except as explicitly provided herein, you are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

      D. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. Regardless of the amount of your claim, any in-person hearing will be held in the United States county where you live or work, San Francisco, CA, or any other location you and we mutually agree to.

      E. SETTLEMENT AWARDS AND FEE REIMBURSEMENT. If you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point), then we will pay you the amount of the award or $7,500, whichever is greater. Also, if you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point) and the amount of the award is less than $7,500, we will reimburse you for your reasonable attorneys’ fees and costs.

      F. EXCEPTIONS TO ARBITRAL CLAIMS. As an exception to this Section 14, you may assert claims on an individual basis, if they qualify under applicable rules, in Small Claims court. Also, either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section 14.

      G. CLASS ACTION WAIVER. YOU AND LUMOS LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH LUMOS LABS THAT NEITHER YOU NOR LUMOS LABS WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR LUMOS LABS WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

      H. NO RIGHT TO JURY TRIAL. YOU AND LUMOS LABS ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

      I. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this Section 14 by sending written notice of your decision to opt-out to the following address: Lumos Labs, Inc., ATTN: Arbitration Opt-out, 140 New Montgomery St. Floor 19, San Francisco, CA 94105, or by email to opt-out@lumoslabs.com. For new users, the notice must be sent within 30 days of registering for Lumosity, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section 14. If you choose to opt-out, Lumos Labs also will not be bound.

      J. CHANGES TO THIS SECTION. We will provide thirty (30) days' notice of any changes to this section by posting on Lumosity, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on Lumosity or sent to you.

      Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Agreement to Arbitrate and Waiver of Class Action Claims," and the court or arbitrator shall apply the first Agreement to Arbitrate and Waiver of Class Action Claims section in existence after you began using Lumosity.

      K. SURVIVAL. This Agreement to Arbitrate and Waiver of Class Action Claims section shall survive any termination of your Account or Lumosity.

    27. General
    28. (a) Severability and Waiver. Except as set forth in the Agreement to Arbitrate and Waiver of Class Action Claims section, if any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

      (b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act ("FAA"), the TOS are governed by California law without regard to conflict of law provisions. Except as provided in Section 14, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Francisco County, California as the legal forum for any dispute between them.

      (c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Lumosity or by posting an updated TOS on Lumosity at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law or as set forth above in the Agreement to Arbitrate and Waiver of Class Action Claims section, your continued use of Lumosity following the effective date means that you agree with, and consent to be bound by, the updated TOS.

      (d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Lumos Labs on Lumosity, the TOS shall govern, unless otherwise indicated. Sections 2-15 shall survive any termination of the TOS.