Tremendous Website Terms of Use

Last updated: September 28, 2026

Welcome to Tremendous. These Website Terms of Use (these “Terms”) govern your access to and use of our website at www.tremendous.com, our web widget, our mobile application, and any other similar platform owned, controlled, operated, or offered by Tremendous, LLC, a Wisconsin limited liability company (“Tremendous,” “we,” “us,” or “our”), together with all content, features and functionality made available through them (collectively, the “Site”).

Please read these Terms carefully. They contain important information about your legal rights, including a binding arbitration agreement, a class action waiver, and a jury trial waiver.

1. Acceptance of These Terms

By accessing, browsing, or otherwise using the Site, you acknowledge and agree that you have read, understood, and accepted these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Site and must immediately cease any use of it.

If you use the Site on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.

These Terms govern your use of the Site only. Separate terms apply to our products and services:

If you are a corporate client or an authorized user of a client, your use of our platform and services is governed by the agreement between Tremendous and that client.
If you have received a reward, incentive, or payout to redeem, your redemption is governed by our Recipient Terms of Service and the applicable provider’s terms.
To the extent of any conflict between these Terms and the terms of any such separate agreement, the separate agreement controls with respect to the subject matter it addresses.

2. Changes to These Terms

We may update these Terms by posting a revised version on this page without prior notice. The “Last Updated” date indicates the most recent changes. By using the Site, you agree to the Terms in effect at that time. Changes take effect either when you use the Site after notice or 30 days after posting. If you disagree with the revised Terms, you must stop using the Site. Changes to Section 14 (Dispute Resolution) are governed by the “Changes to this Arbitration Agreement” paragraph in that Section.

3. Eligibility

The Site is intended for users who are at least 18 years old (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside). We do not direct the Site to, and do not knowingly collect personal information from, children under the age of thirteen. If you are under 18, you may not use the Site.

You need an internet-enabled device and service to use the Site. Access may be temporarily unavailable or delayed during periods of high traffic or service disruption. We aim to provide reliable service but do not guarantee uninterrupted availability.

4. Limited License to Use the Site

Subject to these Terms, Tremendous grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Site and its content (collectively, “Content”) only for the purposes we authorize. All other rights are reserved.

Without our prior written consent, you may not copy, reproduce, distribute, sell, license, publish, reverse-engineer, modify, create derivative works from, frame, mirror, scrape, or otherwise exploit any part of the Content. Any use of the Content not expressly permitted by these Terms is prohibited and automatically terminates the license granted in this Section.

5. Prohibited Conduct

You are responsible for complying with all laws applicable to your use of the Site. You agree that you will not, and will not attempt to:

use the Site for any unlawful or improper purpose, or in violation of these Terms;
provide any incomplete, incorrect, or false information to us;
tamper with, hack, modify, probe, or otherwise corrupt the security or functionality of the Site;
use any robot, spider, scraper, or other automated means to access the Site, or scrape or harvest data or contact information from it;
frame or meta-tag any portion of the Site, or use our name or trademarks in metatags, keywords, or hidden text, without our prior written consent;
use any device, software, or routine that interferes with, interrupts, or places an unreasonable load on the Site or its infrastructure;
circumvent, disable, or interfere with any security-related feature of the Site or any feature that restricts or enforces limitations on use of the Site;
impersonate any person or entity, or misrepresent your affiliation with any person or entity; or
use contact information obtained from the Site for unsolicited marketing or any other unauthorized purpose.

Except as required by law, we may, without notice and without liability to you, suspend or terminate your access to, or refuse to provide, all or part of the Site at any time in our sole discretion, including if we believe you have engaged in any of the conduct described above, if we receive a facially valid subpoena, court order, or other binding order from a government authority requiring us to do so, or if we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule, or regulation. You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.

6. Intellectual Property

The Site and all Content are owned by Tremendous or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. “Tremendous,” “Tremendous.com,” and related logos, product names, and designs are trademarks or registered trademarks of Tremendous and may not be used, copied, or imitated, in whole or in part, without our prior written permission. Trademarks, service marks, and logos of third parties appearing on the Site are the property of their respective owners. Nothing in these Terms grants you any license or right to use any Tremendous or third-party mark.

7. Registration and Account Security

Some areas of the Site require registration. If you register for an account, you agree to provide accurate, current, and complete information and to keep it up to date.

You are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. You agree that you are responsible for all statements made, and all acts or omissions that occur, through the use of your credentials. If you believe your account has been compromised, please contact us immediately at help@tremendous.com.

We reserve the right to refuse, suspend, terminate, or cancel any person’s registration in our sole discretion.

8. Accuracy of Site Content

Tremendous strives to keep the Site and its Content accurate and current, but information may be incomplete, outdated, or contain errors, including typographical errors and inaccuracies relating to pricing, availability, or program descriptions. We may update, correct, or change Content at any time without notice. You are solely responsible for verifying information before relying on it, and Tremendous is not liable for decisions made in reliance on Site Content.

Content on the Site is provided for general informational purposes only and does not constitute legal, tax, financial, or other professional advice.

9. Third-Party Links and Content

The Site may contain links to third-party websites, applications, or materials that we do not control. Tremendous is not responsible for, and makes no representations or warranties about, any third-party content, products, or services accessible through such links, or for the practices of such sites or applications. The inclusion of any link does not imply that we endorse, sponsor, or have reviewed the linked site. Third-party sites and applications are governed by their own terms and privacy policies, and your dealings with them are solely between you and that third party. You access third-party sites and applications at your own risk.

10. Privacy

Our collection, use, and disclosure of information in connection with the Site is described in our Privacy Policy. Please review it to understand our practices.

11. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TREMENDOUS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND THIRD-PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BEAR ANY LIABILITY WHATSOEVER FOR ANY DAMAGE OR INTERRUPTION CAUSED BY ANY COMPUTER VIRUSES OR OTHER MALICIOUS CODE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR BY ANY PHISHING, SPOOFING, OR OTHER ATTACK. WE ADVISE THE REGULAR USE OF REPUTABLE AND READILY AVAILABLE VIRUS SCREENING AND PREVENTION SOFTWARE. YOU SHOULD ALSO BE AWARE THAT SMS AND EMAIL SERVICES ARE VULNERABLE TO SPOOFING AND PHISHING ATTACKS, AND YOU SHOULD USE CARE IN REVIEWING MESSAGES PURPORTING TO ORIGINATE FROM TREMENDOUS.

The transmission of information via the internet is not completely secure, and any electronic communication sent to or from the Site may not be secure. Any transmission of information to us is at your own risk, and we are not responsible for the circumvention of any privacy settings or security measures contained on the Site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TREMENDOUS NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TREMENDOUS AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

The limitations in this Section are a fundamental element of the basis of the bargain between you and Tremendous and will apply even if any limited remedy fails of its essential purpose.

13. Indemnification

You agree to defend, indemnify, and hold harmless Tremendous and its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your access to or use of the Site, (b) your breach or alleged breach of these Terms, (c) your violation of any applicable law or the rights of any third party, or (d) any information or content you submit to or through the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of that claim. You will not settle any claim without our prior written consent.

14. Dispute Resolution by Binding Arbitration; Mass Arbitration Procedures; and Class Action Waiver (the “Tremendous Arbitration Agreement”)

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TREMENDOUS TO ARBITRATE CERTAIN DISPUTES WITH ONE ANOTHER AND IT LIMITS THE MANNER IN WHICH YOU AND TREMENDOUS CAN SEEK RELIEF.

To the fullest extent permissible by law, with the exception of disputes pertaining to our intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Tremendous arising under or related to these Terms, including, without limitation, disputes arising as a result of: your visit(s) to or use of the Site; any purchase, transaction, or other interaction with Tremendous (including, without limitation, claims relating to our advertisements, pricing, and disclosures; e-mail, SMS or other messages sent by us; or our collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures (the “Arbitration Agreement”), except that either party may assert claims in small claims court.

14.1 45-Day Right to Opt-Out

You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to arbitration-opt-out@tremendous.com (the “Notice Address”). The notice must be sent within 45 days of the date posted at the top of these Terms or your first use of the Site, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, Tremendous also will not be bound by the Arbitration Agreement with respect to disputes brought by you, and you and Tremendous may exercise your right to trial by judge, as permitted by applicable law. If you opt-out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these Terms, which shall remain in effect as allowable by law.

14.2 Pre-Arbitration Dispute Resolution

We want to address your concerns without resorting to a formal legal action. Before initiating a lawsuit or arbitration, you and Tremendous agree to try to resolve Disputes informally by emailing a written notice (“Written Notice”) of the dispute to the other party. The Written Notice must include: (1) the name of the party bringing the Dispute; (2) the email address(es) associated with your relationship with Tremendous; (3) a detailed description of the Dispute; and (4) how the party bringing the Dispute would like to resolve the Dispute.

The Written Notice must be provided on an individualized basis. You agree to send the Written Notice to Tremendous at the Notice Address, and Tremendous will send the Written Notice to you at the email address associated with your account. You and Tremendous agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless the party receiving the Written Notice states in writing that the other party is not required to personally attend.

If the dispute is not resolved within thirty (30) days after the telephone or videoconference occurs, you and Tremendous agree to resolve any remaining Dispute through further informal discussions or one of the formal dispute resolution provisions below.

The Pre-Arbitration Dispute Resolution procedure in this Arbitration Agreement is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, unless exempted by law. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution procedure. Notwithstanding anything to the contrary in this Arbitration Agreement, a court of competent jurisdiction shall have authority to enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

14.3 Arbitration Procedure

If informal resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as otherwise provided herein) subject to the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”) then in effect as modified by (1) the terms set forth below and (2) the Mass Filings provisions below. The JAMS Rules are available at https://www.jamsadr.com.

This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. To the maximum extent permitted by law, no effect shall be given to state laws concerning arbitration procedure (such as the California Arbitration Act). Disputes resolved through arbitration shall be governed by the substantive laws of the State of New York, without regard to its choice of law rules.

14.4 Waiver of Rights Including Jury Trial

WAIVER OF RIGHTS INCLUDING JURY TRIAL. YOU AND TREMENDOUS UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU AND TREMENDOUS FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU AND TREMENDOUS HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND TREMENDOUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.5 Class Arbitration and Collective Relief Waiver

CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND TREMENDOUS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” above and the “Mass Filings” Section below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and/or the “Mass Filings” Section are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Tremendous shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or Tremendous from participating in a class-wide settlement of claims.

14.6 Arbitration Location

The arbitration proceedings will presumptively be held via video- or telephone-conference unless (1) the arbitrator determines there is good cause to hold an in-person hearing or (2) the parties agree otherwise. Except as otherwise provided in the “Mass Filings” Section or unless you and Tremendous agree otherwise, in the event there is an in-person proceeding (1) if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or (2) if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in New York, New York.

14.7 Arbitration Rules and Governing Law

Except as modified by this Arbitration Agreement including, if applicable, the Mass Filings Section below, JAMS will administer any arbitration in accordance with the JAMS Rules in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures permitting class or representative actions.

Except where prohibited by applicable law, the arbitrator shall apply the substantive law of the State of New York without giving effect to any law that would result in the application of the law of any other jurisdiction. You and Tremendous agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and Tremendous submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Tremendous (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

14.8 Form of Arbitration Demand

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

14.9 Arbitration Fees

Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

14.10 Mass Filings

To increase the efficiency of administration and resolution of arbitrations, in the event 20 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against Tremendous within reasonably close temporal proximity (a “Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” Section: (A) to administer the Mass Filing in batches of 20 demands per batch (to the extent there are fewer than 20 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by Tremendous and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 20 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS Rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS Rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You and Tremendous agree to cooperate in good faith with each other and the arbitration provider or arbitrator to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims, as well as any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 20 cases too small for the prompt resolution of all filed claims, you and Tremendous agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than ten) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures & Guidelines or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by JAMS, with Tremendous and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. Tremendous, the remaining claimants and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Tremendous or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Tremendous nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches consolidated and adjudicated concurrently.

14.11 Arbitrator’s Authority and Arbitration Award

The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity subject as modified herein. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Pre-Arbitration Dispute Resolution Process.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these Terms, including, but not limited to, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the “Limitation of Liability” Section as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

14.12 Changes to this Arbitration Agreement

Tremendous will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these Terms on or before the 30th day or continue to use the Site after the 30th day, you agree that any unfiled claims of which Tremendous does not have actual notice under the Pre-Arbitration Dispute Resolution process are subject to the revised clause. If Tremendous changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Site 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement via the procedures set forth in the “45-Day Right to Opt-Out” paragraph above.

14.13 Class Action Waiver

CLASS ACTION WAIVER. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND TREMENDOUS THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

15. Jury Trial Waiver

JURY TRIAL WAIVER. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND TREMENDOUS AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND TREMENDOUS UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SITE.

16. Governing Law and Jurisdiction

Unless otherwise prohibited by applicable law, these Terms and any action arising out of or related to these Terms and/or your use of the Site will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the Arbitration Agreement, the exclusive jurisdiction for all Disputes (defined above) that you and Tremendous are not required to arbitrate will be the state and federal courts located in New York, New York, and you and Tremendous each waive any objection to jurisdiction and venue in such courts.

17. Time to Bring a Claim

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, it is permanently barred.

18. Suspension and Termination of Access

We may suspend or terminate your access to all or part of the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the license granted to you in Section 4 immediately ends, and you must cease all use of the Site. Sections 6, 9, 11, 12, 13, 14, 15, 16, 17, and 19, and any other provision that by its nature should survive, will survive termination.

19. General Provisions

Entire Agreement. These Terms constitute the sole and complete agreement between you and Tremendous regarding your access to and use of the Site and supersede all prior or contemporaneous discussions, agreements, and understandings — whether oral, written, or electronic (including any earlier versions of these Terms). Section headings appear only for convenience and do not affect the meaning or interpretation of any provision.

Notice. Tremendous may notify you of anything related to these Terms or the Site by email, posting on the Site, or any other reasonable method; such delivery constitutes effective notice. Your continued use of the Site after notice is deemed your acknowledgment and acceptance of the notified matter.

Assignment. You may not assign or transfer these Terms — or any right or obligation under them — without Tremendous’ prior written consent; any attempt to do so is null and void. These Terms are binding on, and inure to the benefit of, each party and its permitted successors and assigns. Tremendous may freely assign or transfer its rights and obligations, including to (i) any affiliate or subsidiary or (ii) a successor by merger, acquisition, asset sale, or other change of control.

No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Severability. If any provision of these Terms is held invalid or unenforceable under applicable law, it will be enforced to the maximum extent permissible — or, if necessary, deemed modified to achieve its intent — while the remaining provisions continue in full force and effect. This paragraph does not apply to the “Class Arbitration and Collective Relief Waiver” paragraph or the “Mass Filings” Section of the Arbitration Agreement, which are governed by the severability language in Section 14.

Force Majeure. Tremendous is not liable for any delay, interruption, or failure to perform caused by events beyond its reasonable control — including, without limitation, acts of God, terrorism, war, civil or military action, civil unrest, labor disputes, fire, telecommunications or internet outages, or equipment or software failures.

Translations. These Terms may be made available in languages other than English. To the extent of any inconsistency or conflict between the English version and a translated version, the most current English version will prevail. Any disputes arising out of these Terms will be resolved in English unless otherwise determined by Tremendous (acting in its sole discretion) or as required by applicable law.

No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person other than you and Tremendous, except as expressly provided.

Contact Us

If you have any questions or concerns about these Terms or the Site, please contact us at help@tremendous.com.

To opt out of the Arbitration Agreement or send Written Notice of a Dispute, use the Notice Address in Section 14: arbitration-opt-out@tremendous.com.