Welcome, and thank you for your interest in NerdWallet, Inc. (“NerdWallet”) and our service for personal finance, travel, education, shopping, and other services available through our websites at www.nerdwallet.com and www.travelnerd.com (together the “Site”) and our downloadable applications (collectively the “Service”). The following Terms of Use are a legally binding contract between you and NerdWallet regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” OR BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE NERDWALLET PRIVACY POLICY, IDEA SUBMISSION POLICY AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then please do not use the Service.
1. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age (ii) that you have not previously been suspended or removed from the Service and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
2. Accounts and Registration. To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to immediately notify us at support@nerdwallet.com.
3.1 Service Overview. NerdWallet may offer an online platform (the “Financial Advisor Platform”) to help users locate information for their personal finance needs and help users seek professionals such as financial advisors who can later provide them with advisory services. We may also create and maintain a directory of such service providers (the “Financial Advisor Directory”) to help users to locate and identify a financial advisor (or other financial advisory services). Please note that we do not provide financial advice – we provide only information about personal finance topics and information to help you locate professionals who may then provide you with financial services in their own, independent capacity.
3.2 Terms and Conditions. If you are using the Financial Advisor Platform, you should read the following terms and conditions. If you do not agree with those terms and conditions, please do not use the Financial Advisor Platform.
· The Financial Advisor Platform may allow you to request services or information from one or more third parties, such as financial advisors or planners. To submit that request, you will be asked to provide personally identifiable information on the Site, including for example your name, e-mail address, mailing address, mobile phone number, age information, income information, personal assets information and other financial or professional information, to allow us to respond to your request. Once we receive your request, we will process your information to match the request with one or more financial advisors or planners in the Financial Advisor Directory.
· NerdWallet may allow you to request services with specific financial advisors or planners of your choice. By choosing a particular financial advisor or planner (e.g., by clicking the “Request Consultation” button under the profile of a particular advisor), you ask NerdWallet to provide your information to the specific financial advisor or planner that you have requested. You expressly consent to the release of any information you have provided to NerdWallet in your service request to that particular financial advisor or planner. The requested financial advisor or planner may then contact you directly with regard to your request. NerdWallet has no control over the means by which the financial advisors or planners may contact after NerdWallet has released your information to them.
· Your contact with, or use of an advisor contacted via the Financial Advisor Directory does not create any relationship between NerdWallet and you.
· The release and security of any sensitive or confidential information transmitted by you to any financial advisor or service is your sole responsibility.
· The financial advisors represented in the Financial Advisor Directory provide information to NerdWallet which NerdWallet does not verify, validate or confirm, except as expressly stated by NerdWallet.
· NerdWallet does not endorse any particular financial advisor and cannot guarantee the quality, or reliability of any financial services provided by any of these financial advisors in the Financial Advisor Directory.
· NerdWallet cannot perform a check for conflicts of interest between you and a financial advisor listed in the Financial Advisor Directory.
· Once you have provided NerdWallet with personal information in your request for services, NerdWallet may disclose, loan, rent or sell your personal information to the financial advisors that we match with your request as provided in our Privacy Policy (http://www.nerdwallet.com/site/privacystatement.html). NerdWallet has no control and makes no representations as to the use or disclosure of personal information provided to such third party financial advisors. In addition, the financial advisors may further disclose, share and use any personal information provided by you in connection with your request. If you make a request, you expressly consent to such disclosure and use of your personal information.
4. Travel Services
4.1 Service Overview. NerdWallet may offer services to assist users in gathering information on airports, airline fees, and other information related to travel (the “Travel Services”). The Travel Services may be available to you when you use the Site or downloadable applications made available by NerdWallet. Your use of the downloadable applications is subject to your compliance with the applicable End User License Agreement (“EULA”). NerdWallet may also provide discussion forums, bulletin boards, review services or other forums in which you and other third parties may post reviews of travel experiences or other content, messages, materials or items on the Site (the “Interactive Areas”). If NerdWallet provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas in compliance with the Terms hereunder and you shall use them at your own risk.
4.2 Taxi Sharing. NerdWallet may also provide services for users who would like to share taxi rides with others to post messages or send instant messages to other users about their desire to share taxi rides. By posting or sending such messages, you represent that all information contained in the messages, including for example, your location information, contact information, or any personally identifiable information is truthful and accurate to the best of your knowledge. You understand that you disclose such information to other users or the public at your own risk. Also you use such information provided by others at your own risk. You acknowledge and agree that such services are intended solely for users to share taxi rides with each other, and you will not use our Service as a channel to market your own services (such as providing private car sharing services) unless expressly permitted by NerdWallet in writing.
4.3 Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. NerdWallet urge passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found for example, at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
4.4 Travel Requirements. Some travel destinations may have passport requirements and travel documentation requirements. It is your responsibility to review and comply with such requirements. Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
4.5 Link to Other Travel Sites. NerdWallet does not offer booking or travel reservation services. However, we may provide link to third party travel sites through which you may book or reserve your travel tickets. Such sites are not under our control and NerdWallet is not responsible for any information provided by such third party sites.
4.6 By listing information relevant to travel to particular international destinations, NerdWallet does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
5.1 User Content Generally. Certain features of the Service may permit users to post content, including text messages, online messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively called, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
5.2 Limited License Grant to NerdWallet. By posting User Content, you grant NerdWallet a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by NerdWallet may be without any compensation paid to you.
5.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
5.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
· You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize NerdWallet and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by NerdWallet and these Terms;
· Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
5.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish, and will not be in any way responsible or liable for User Content. However, NerdWallet may at any time and without prior notice, remove any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NerdWallet with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, NerdWallet does not permit copyright infringing activities on the Service.
6. Digital Millennium Copyright Act.
6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
NerdWallet Copyright Agent: Shiyan Koh
Address: 665 3rd St, Suite 405, San Francisco, CA 94107
Phone: 415-546-1100
E-mail: copyright@nerdwallet.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. 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 the copyright or intellectual property owner's behalf.
6.2 Repeat Infringers. NerdWallet will promptly terminate without notice the accounts of users that are determined by NerdWallet to be “repeat infringers." A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
7.4 interfere with security-related features of the Service, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, or (iii) attempting to collect, personal information about users or third parties without their consent;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth; or
7.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 12 below).
8. Third Party Services and Linked Websites. NerdWallet may provide tools through the Service that enable you to export information, including User Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
9.
Termination of Use; Discontinuation and Modification of the Service.
If you violate these Terms, your permission to use the Service will
automatically terminate. Additionally, NerdWallet, in its sole discretion may
terminate your user account on the Service or suspend or terminate your access
to the Service at any time, with or without notice. We also reserve the right
to modify the Service at any time without notice to you. We will have no
liability whatsoever on account of any change to the Service or any suspension
or termination of your access to or use of the Service. You may terminate your
account at any time by contacting customer service at support@nerdwallet.com.
If you terminate your account, you will remain obligated to pay all outstanding
fees, if any, relating to your use of the Service incurred prior to
termination.
10. Privacy Policy; Idea Submission Policy; Additional Terms.
10.1 Privacy Policy. Please read the NerdWallet Privacy Policy (http://www.nerdwallet.com/site/privacystatement.html) carefully for information relating to our collection, use, storage and disclosure of your personal information. The NerdWallet Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
10.2 Idea Submission Policy. Your feedback is important to us. Our Idea Submissions Policy, which describes the terms on which we accept submissions, is available here http://www.nerdwallet.com/site/ideasubmission.html
10.3 Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines applicable to the Service or certain features of the Service that we may post and you may accept (the "Additional Terms"), such as end user license agreements for our downloadable applications, subject to Section 11 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
11. Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
12. Ownership; Proprietary Rights. The Service is owned and operated by NerdWallet. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by NerdWallet (the “Materials”) are protected by all relevant intellectual property and proprietary rights and applicable laws. Except for any User Content, all Materials contained in the Service are the property of NerdWallet or our third-party licensors. Except as expressly authorized by NerdWallet you may not make use of the Materials. NerdWallet reserves all rights to the Materials not expressly granted in these Terms.
13. Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless NerdWallet and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "NerdWallet Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
14. Disclaimers; No Warranties.
THE SITE AND SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NERDWALLET ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. NERDWALLET DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE services and products provided on the site, including without limitation those in connection with the Travel Services and the financial advisor platform. The fact that NERDWALLET is including OR DISPLAYING any THIRD PARTY Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
nerdwallet does not make any representation, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or services and products in connection with the travel services, including without limitation, HOTEL, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS OR SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
When you use the Financial Advisor Platform, The Content provided on the site is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, Nerdwallet recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances. NerdWallet does not make any representations, warranties or GUARANTEES, express or implied, regarding any quotes OR OFFERS provided on or through the site, OR ANY FINANCIAL ADVISOR LISTED IN THE FINANCIAL ADVISOR DIRECTORY. NerdWallet does not endorse any particular financial advisor and cannot guarantee the quality, or reliability of any financial services provided by any of these financial advisors in the Financial Advisor Directory. Your contact with, or use of an advisor contacted via the Financial Advisor Directory does not create any relationship between NerdWallet and you.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT nerdwallet IS NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT nerdwallet IS SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, nerdwallet EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
15. Limitation of Liability.
IN NO EVENT WILL THE NERDWALLET ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NERDWALLET ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NERDWALLET ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO NERDWALLET FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and NerdWallet agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. We operate the Service from our offices in California, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations.
17. General. The Terms, together with the Privacy Policy, the Idea Submission Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and NerdWallet regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to Sections 5 and 8 through 19.
18. Dispute Resolution and Arbitration.
18.1 Generally. In the interest of resolving disputes between you and NerdWallet in the most expedient and cost effective manner, you and NerdWallet agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and NerdWallet are each waiving the right to a trial by jury or to participate in a class action.
18.2 Exceptions. Notwithstanding subsection 18.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in any competent court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
18.3 Arbitrator. Any arbitration between you and NerdWallet will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting NerdWallet.
18.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). NerdWallet's address for Notice is: NerdWallet, Inc., 665 Third St., Ste 405, San Francisco, CA 94107. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or NerdWallet may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or NerdWallet shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, NerdWallet shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by NerdWallet in settlement of the dispute prior to the arbitrator’s award.
18.5 Fees. In the event that you commence arbitration in accordance with these Terms, NerdWallet will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse NerdWallet for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.6 No Class Actions. YOU AND NERDWALLET 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. Further, unless both you and NerdWallet agree otherwise, 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.
18.7 Modifications. In the event that NerdWallet makes any future change to this arbitration provision (other than a change to the NerdWallet's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to NerdWallet's address for Notice, in which case your account with NerdWallet shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
18.8 Enforceability. If Subsection 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
19. Contact Information. If you have any questions regarding NerdWallet, the Service, or the Terms please contact us at support@nerdwallet.com.