Agreement to Arbitrate

Lead 2 Performance and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law.

Scope of Agreement

These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate.

For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction.

Coverage of Agreement

This agreement to arbitrate includes, but is not limited to:

• Claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory
• Claims that arose before this or any prior Terms of Use
• Claims that are currently the subject of purported class action litigation
• Claims relating to our websites
• Claims arising out of or relating to the Telephone Consumer Protection Act
• Claims relating to your data privacy or information security
• Claims that may arise after the termination of these Terms of Use

Dispute Resolution Process

Class Action Waiver

YOU AND LEAD2PERFORMANCE 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 TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Changes to Agreement

If Lead 2 Performance makes any change to this arbitration provision (other than a change to the Dispute Notice Address), you may reject any such change and require Lead 2 Performance to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises.