Sam Harris Media, LLC. Terms of Sale
Last update posted: September 11, 2025
These Terms of Sale apply to all purchases on or after September 11, 2025 of services, subscriptions, content, licenses to any of them, or of anything else (the “Services”) provided by Waking Up, LLC, Four Elephants Media, Inc., or Making Sense Media, LLC (each, a “Provider” and together, the “Providers”), where the purchase transaction is completed through or in connection with their respective designated websites or apps (collectively “Websites”) and/or within their chosen third-party app stores or other third-party content sales and licensing platforms (collectively, “Third-Party Stores”). These Terms of Sale are a legal agreement between you and Sam Harris Media, LLC (“Sam Harris Media,” “Company,” “we,” “us,” and “our”) in its capacity as a marketplace facilitator and seller of record of the Providers.
In addition to these Terms of Sale, your purchase and use of the Services are governed by the “Provider Terms,” which are (i) the Waking Up Terms of Service, with respect to Services to which it applies, such as a subscription to the Waking Up app, or (ii) the SamHarris.org Terms of Service with respect to Services to which it applies, such as a Making Sense subscription. The relevant Provider Terms and these Terms of Sale are together the “Agreement.” By placing an order, or clicking to accept these Terms of Sale, (i) you agree to be bound by the Agreement, and (ii) you authorize the collection, use, disclosure and other handling of information as set forth in the Sam Harris Media Privacy Policy and the privacy policy of the relevant Provider. If you are clicking to accept these Terms of Sale but are not presently placing an order (such as if you are clicking to accept them while logging in), then these Terms of Sale will take effect the next time you place an order for Services or allow a Services subscription to renew.
THESE TERMS OF SALE INCLUDE MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY PURCHASING ANY SERVICES OR ACCEPTING THESE TERMS OF SALE IN ANY OTHER WAY, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN SECTION 11.
Each Provider is the provider and operator of only its own respective Services. Sam Harris Media is not a Provider. Sam Harris Media does not create, control, provide or operate the Services and has no responsibility for the Services. Neither Provider has responsibility for the other Provider’s Services or for any payment or refund. Sam Harris Media is solely responsible for payments made under these Terms of Sale and for any refund of them, if applicable. The Providers are third-party beneficiaries of these Terms of Sale.
From time to time, we may, in our sole discretion for important reasons, update these Terms of Sale by posting the updated version in the footer of WakingUp.com and SamHarris.org and updating the “Last Update Posted” date at the top of these Terms of Sale. Unless you first reject the updated Terms of Sale by sending a notice of termination to support@samharrismedia.com, you will be deemed to accept the changes and they will take effect at the “Update Effective Time”, which is the earlier of: (a) 11:00 a.m. Eastern time on the 30th day after Company posts them (or a later date that we specify in the update, if any); (b) your first ever use of a new or changed feature of the Company Services that is subject to the updated Terms, or (c) your taking some other action to specifically accept the updated Terms, such as clicking to accept them. (Provisions (a) and (b) of the preceding sentence do not apply to updates to Section 11 below.) You must send the termination notice from the email address associated with your account with the relevant Service(s), or if this is not possible, you must promptly cooperate with us to identify your account. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms of Sale periodically to ensure that you are familiar with the most recent version. At your request, following your termination, we will issue you a pro-rated refund for any remaining unused portion of subscription fees you have paid. You are prohibited from using the Services after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request. If you violate this requirement and do use the Services after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect, and the updated Terms will take effect (or will have taken effect) at the Update Effective Time.
1. SERVICES & PRICES
Your purchase of Services is subject to availability, and we reserve the right to impose quantity limits. Prices are subject to change without notice to you, and we reserve the right to correct pricing errors that may inadvertently occur. Prices do not include applicable Taxes (defined below) or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges, and other fees.
Prices are shown in the applicable currency upon checkout. If you are paying for your order with a non-U.S. payment card or other non-U.S. payment method, the purchase price may fluctuate with exchange rates. In addition, your bank or payment card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or payment card issuer regarding these fees.
2. ORDERS
We may, in our sole discretion, refuse or cancel any order and limit any order quantity. Upon receipt of your order on the Websites and/or Third-Party Stores you normally will receive confirmation of your order via email.
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the process, including after an order has been submitted and whether or not the order has been confirmed via email. If Sam Harris Media cancels an order after you have already been charged, we will refund the charged amount.
Unless otherwise agreed to by Sam Harris Media, payment must be received by Sam Harris Media prior to acceptance of an order.
3. MEMBERSHIP
Subscription. Your subscription will continue and automatically renew until terminated. To use the Services, you must have Internet access, a device that can utilize the Services and, if applicable, a valid form of payment. You authorize us to charge any form of payment you provide, in connection with your subscription, and you understand that prices are subject to change. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees.
Free Trial. If you purchase Services that start with a free trial period, the eligibility or duration of such free trial period is at the sole discretion of the applicable Provider. We may charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you login for the Services.
Account. To have a subscription, you will need to open a user account with the applicable Provider. You will be asked to provide such Provider with certain information such as a valid email address or Apple ID, and you agree that such information may be shared with us. You are solely responsible for maintaining the confidentiality of your account, your email address and Apple ID. You may be assigned a one-time PIN code via email for use in each login instance. You must ensure the information you provide during account creation is true, accurate, current, and complete to the best of your knowledge, and you must update it when it changes. You may not sell, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account, except as may permitted by the Provider Terms. Unpaid accounts are subject to closure at our, or the Provider’s, discretion. Contact us to inquire about reinstatement.
Cancellation. You can cancel your subscription at any time through the settings in your account. Following a cancellation you request, you will continue to have access to the Services through the end of your subscription period. If you are dissatisfied with the Services or are experiencing financial hardship, you may also request a refund, either through the third-party app store you used to purchase the Services or by emailing us directly at support@samharrismedia.com. If you are issued a refund, you may lose access to the Services immediately.
You agree that providing you these Terms of Sale (including all updates thereto), agreements, notices, disclosures, and other communications electronically will satisfy any legal requirement that such communications be in writing.
4. PROVIDER’S WARRANTY AND DISCLAIMERS
(A) We do not manufacture, provide or control any of the Services offered by the Providers. The availability of Services through the Websites and/or Third-Party Stores does not indicate an affiliation with or endorsement of any of the Services. Accordingly, we do not provide any warranties with respect to the Services. Warranties for the Services, if any, would be found in the applicable Provider Terms.
(B) WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(D) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
(E) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A PROVIDER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
5. RETURNS & REFUNDS
Sam Harris Media does not offer refunds except as otherwise set forth in these Terms of Sale or to the extent required by applicable law.
6. PROMOTIONAL OFFERS
Sam Harris Media may, from time to time, make available to you certain promotional offers, exclusive offers, and special offers (collectively, “Offers”). All Offers are subject to the terms and conditions of the specific Offer and may not be combined with other Offers unless expressly permitted. Only one Offer may be used per order and such Offer will apply only to those Services identified in the terms and conditions of the Offer. We reserve the right to decline orders where we determine, in our sole discretion, that the Offer or use thereof is invalid. Offers may not be redeemed for cash.
7. PAYMENT
The available payment method(s) for the Services you are purchasing will be set out during your checkout process. By providing your credit card or other payment method to us and/or through your user account (collectively, your “Payment Method”), and using such Payment Method to make a purchase, you understand that, unless otherwise stated or agreed to, we will charge your Payment Method for the applicable fees, and you hereby authorize us to do so.
YOU HEREBY REPRESENT AND WARRANT THAT ALL PAYMENT INFORMATION IS ACCURATE, THAT YOU HAVE THE LEGAL RIGHT TO USE YOUR DESIGNATED PAYMENT METHOD FOR ANY FEES DUE AND PAYABLE, AND YOU AUTHORIZE US (OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR DESIGNATED PAYMENT METHOD FOR THE TOTAL AMOUNT OF YOUR ORDER (INCLUDING APPLICABLE TAXES AND OTHER CHARGES).
If we cannot verify your Payment Method, your Payment Method is invalid, or your Payment Method is otherwise not acceptable, we may suspend or cancel your order(s). Please note that some payment card companies, banks, and financial institutions may place an authorization or temporary hold on your account in connection with your purchase. Please contact your payment card companies, banks, or financial institutions directly to inquire about any such authorization or hold.
8. TAXES
To the extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (“Taxes”) applicable to your purchase and use of the Services. Your order will reflect the final total, inclusive of Taxes.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sam Harris Media against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from third-party claims relating to (i) your violation of applicable law or regulation, (ii) any Disputes, as defined in Section 11 below, between you and a Provider, (iii) your breach of these Terms of Sale and any warranties contained herein, or (iii) any tax obligations, liabilities or other consequences resulting from your purchase of the Services.
10. LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SAM HARRIS MEDIA BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND AGGREGATE MAXIMUM LIABILITY OF SAM HARRIS MEDIA FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM, PROVIDED THAT IF A PROVISION IN THE TERMS ENTITLES YOU TO A REFUND, NOTHING IN THESE TERMS OF SALE SHALL BE CONSTRUED TO VOID YOUR ENTITLEMENT TO THE FULL AMOUNT OF THAT REFUND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU HAVE NOT PAID ANYTHING FOR THE SERVICES DURING THAT TWELVE-MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.
11. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
This Section governs the resolution of any Dispute between you and Company. For purposes of this Section 11, the term “Company” means Sam Harris Media LLC, the Providers, as well as any of their affiliates or related entities (including Making Sense Media, LLC), and the term “Dispute” means any claim, action, disagreement, or dispute arising from or relating to the Company, the Services, or these Terms of Sale. These Terms of Sale shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree that any Dispute that is not resolved under the arbitration requirements of these Terms of Sale must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Los Angeles, California, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.
If you have a Dispute that is not subject to the arbitration requirements of these Terms of Sale, then to the full extent permitted by law, you agree you may only resolve the Dispute with Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, or private attorney general actions, or other similar representative action. Likewise, these Terms of Sale and this class action waiver preclude you from participating in or recovering relief in any current or future class, collective, private attorney general or similar representative action brought against Company by someone else.
In no event can any claim or action by you related to a Dispute be instituted more than one year after the cause of action arose.
Arbitration Agreement
(A) Informal Dispute Resolution Procedure. Unless otherwise noted in this Section 11, You and Company agree that if any Dispute arises between us, both parties will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. As part of this agreement, you understand that failure to engage in informal dispute resolution as described here could result in the award of fees against you in arbitration.
To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party (“Notice of Dispute”). For any Dispute against Company that you initiate, you agree to send to support@samharrismedia.com (i) a written description of the Dispute and (ii) the email address(es) associated with your relationship with Company. The Notice of Dispute must be on an individual basis and also provide, at minimum, the following information: your name; a description of the nature or basis of the claim or Dispute with sufficient detail for Company to assess its merits; and the specific relief sought. For any Dispute that Company initiates, we will send our Notice of Dispute to the email address associated with your use of the Services, provided we can reasonably identify such an address.
You and Company agree, following receipt of the Notice of Dispute, to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference, unless one party states in writing that the other party need not participate.
If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the Notice of Dispute, you and Company agree to resolve any remaining aspects of the Dispute through the additional dispute resolution provisions set forth below.
(B) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@samharrismedia.com. Any demand initiating arbitration, whether filed by you or Company, must include the email address you used to create an account with Company.
Except as set forth below, you and Company unconditionally consent and agree that any Dispute will be resolved exclusively by final and binding arbitration in accordance with Subsections 11(A)-(K) of these Terms of Sale (the “Arbitration Agreement”). (The portion of this Section 11 preceding Subsection 11(A) applies regardless of whether you have opted out of the Arbitration Agreement under Subsection 11(J).)
This Arbitration Agreement applies to 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. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed exclusively by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
Except as set forth in the subsection “Exceptions to Agreement to Arbitrate,” the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Sale and the Arbitration Agreement, including, but not limited to any claim that all or any part of these Terms of Sale or the Arbitration Agreement are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment).
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Exceptions to Agreement to Arbitrate. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in a court of competent jurisdiction to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
(C) Class Arbitration and Collective Relief Waiver. You and Company acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subsection (F) below, any arbitration shall be conducted in an individual capacity only and not as a class or other representative 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; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if Company provides its consent to consolidate in writing.
With the exception of this Subsection (C) and Subsection (F) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, 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, illegal, or conflicting provision were not contained herein. If, however, this Subsection (C) or Subsection (F) is found to be invalid, unenforceable, or illegal as applied to a Dispute, then the entirety of this Arbitration Agreement shall be null and void as to the Dispute, and neither you nor Company shall be required to arbitrate their Dispute.
(D) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.
(E) Arbitration Location and Procedure. If the amount in controversy between you and Company does not exceed $25,000, and neither party seeks injunctive or declaratory relief, then the arbitration will be conducted solely by submission of written materials that you and Company submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary or (ii) the parties agree otherwise. In such cases, the parties agree to remote participation in the hearing by video- or telephone-conference.
If the amount in controversy between you and Company exceeds $25,000, or either party seeks declaratory or injunctive relief, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone-conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. In the event there is an in-person hearing, for all U.S. residents, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with NAM rules and applicable law. For non-U.S. residents, to the extent permissible in your country of residence, any in-person arbitration shall be held in Los Angeles, California (unless otherwise agreed by the parties).
The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM 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 the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Company (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).
(F) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 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 NAM (“Mass Filing”), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands. The parties further agree: (i) to designate one arbitrator for each batch; (ii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Company 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; (v) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or Company may cease arbitration and file in a court of competent jurisdiction.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and notwithstanding Subsection (E) above. the arbitrator will determine whether the proceedings will occur remotely via video- or telephone-conference or the location where any in-person proceedings will be conducted. Each claimant may strike the arbitrator selected by their counsel and Company for the batch and where such strike is exercised, the objecting claimant’s demand will be included in any simultaneously proceeding batch, or the next following batch.
You agree to cooperate in good faith with Company and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Company otherwise consents in writing, Company does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection (F) and Subsection (C). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subsection (F) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Company shall be required to arbitrate any claim that is a part of the Mass Filing.
(G) Mediation Following First Batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Company and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results of the first batch are provided to the mediator, Company, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) 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 Company 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 Company 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 in Subsection (F). Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
(H) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Sale. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. 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 the terms of Section 10 (“Limitation of Liability”) as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute except to preclude the same or similar claims from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
(I) Fees. Except as otherwise required by applicable law, NAM rules will govern the amount you and Company must pay to NAM for arbitration fees, including with respect to any fee waivers. However, if the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, you understand and agree that consistent with NAM’s rules permitting sanctions, and as set forth in this Arbitration Agreement, you may be required to reimburse Company for arbitration fees (including attorneys’ fees) Company incurred to defend your claim(s).
The parties further agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Subsection (F)) 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 agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, 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.
You are responsible for your own attorneys’ fees, except to the extent otherwise provided by these Terms of Sale, NAM rules, and/or applicable law. Company won’t seek its attorneys’ fees and arbitration costs from you with respect to claims that you file, unless the arbitrator determines that your claim is frivolous, or you have engaged in conduct that is considered sanctionable under either NAM’s rules or Federal Rule of Civil Procedure 11. Company may seek attorneys’ fees as provided by these Terms of Sale, NAM rules, and/or applicable law for claims it pursues against you.
(J) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to support@samharrismedia.com with the subject line, “ARBITRATION OPT-OUT”. You must send this notice from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the accountholder (if you hold an account) and that you are the actual sender of the notice. Your notice must include your name and address, the email address you currently use to access your Company account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. The notice must be sent within thirty (30) days of the date the Terms of Sale are updated or your first use of the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this Arbitration Agreement. If you opt out of the Arbitration Agreement, you or Company may exercise your or our right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Company also will not be bound by it.
(K) Changes. Company may change this Section 11 at any time. Company will provide thirty (30) days’ notice of any material changes to this Section 11 by posting a link to the updated version on the footer of WakingUp.com and SamHarris.org and/or sending an email to the address it has on file for your user account, if any. Any such changes will go into effect at 11 a.m. Eastern Time 30 days after any Company entity provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Company changes this Section 11 after the date you first accepted this Section 11 (or accepted any subsequent changes to this Section 11), you agree that your failure to terminate the Terms of Sale as described in the introduction to these Terms of Sale by the time it takes effect will be deemed acceptance of those changes.
12. CONTACT US
If you wish to contact us or have any questions or concerns related to these Terms of Sale or your payment for the Services, please (1) email us at support@samharrismedia.com, or (2) contact us by U.S. Mail at Sam Harris Media, LLC, 16633 Ventura Blvd., Suite 815, Encino, CA 91436.