Riverside Labs Terms of Service

6.5 Riverside intellectual property. Riverside and its licensors own all intellectual property rights in the Service, including our models, software, API, documentation, design, text, audio and other materials, our names, logos and trademarks, and all derivatives, modifications and improvements of them, excluding Your Content and Outputs (“Riverside IP”). No ownership of Riverside IP transfers to you. All rights not expressly granted to you are reserved.

6.6 License to use the Service. Subject to these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access and use the Service until these Terms end. Any use of the Service not permitted by these Terms is prohibited and automatically ends this license.

6.7 Restrictions. Except as these Terms and the Acceptable Use Policy expressly permit, you must not, and must not allow anyone else to:

(a) hack, reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, models, model weights or training data;

(b) resell, lease, sublicense or distribute the Service or Riverside IP, except under a separate written agreement with us (section 9.5);

(c) claim any proprietary interest in Riverside IP;

(d) use Riverside’s names, trademarks or logos without our prior written consent;

(e) share your account or API keys, or allow any unauthorized person to access the Service;

(f) impose an unreasonable or disproportionately large load on our infrastructure, or circumvent rate limits, quotas or credit and billing mechanisms;

(g) use the Service or Outputs to abuse or harm anyone, including by misleading, defrauding, impersonating, cloning a voice or likeness without consent (section 8), defaming, threatening, bullying or harassing;

(h) use any robot, spider, scraper, deep link or other automated tool to access, copy or monitor the Service, except through the API as documented;

(i) remove or circumvent watermarks, public-figure voice detection or other safety features; or

(j) use the Service or Outputs to develop or train a competing AI model or service.

7. AI features and Outputs

7.1 AI features. The Service uses artificial intelligence and similar technology, including technology provided by third parties, to generate audio, video, images and other content (“Outputs”) from Your Content, prompts and other input you submit (“Inputs”). Inputs are part of Your Content.

7.2 Ownership. As between you and Riverside, and to the extent permitted by law, you own the Outputs and we assign to you any rights we have in them. Outputs may not be unique, and the same or similar Outputs may be generated for other users. The copyright status of AI-generated content is uncertain and evolving, and you may not be able to enforce intellectual property rights in Outputs.

7.3 No rights in voices or likeness. Ownership of Outputs does not give you any right in a person’s voice, name or likeness. You remain responsible for obtaining any rights and consents needed to use Outputs.

7.4 No review of Outputs. We do not independently review Outputs for accuracy, bias or intellectual property clearance, and cannot promise that Outputs are error-free or free from third-party claims.

7.5 Your responsibilities. You must: (a) review Outputs and confirm they are accurate, appropriate, lawful and non-infringing before you rely on, publish or otherwise use them; (b) not submit Inputs intended or likely to produce infringing, unlawful or otherwise improper Outputs; (c) not present Outputs as human-generated, or as a genuine recording of a real person, where that would mislead; (d) not use the Service or Outputs in breach of law, third-party rights (including intellectual property, privacy and publicity rights), these Terms or the Acceptable Use Policy; and (e) not submit Inputs that include protected health information as defined in 45 C.F.R. § 160.103.

7.6 Risk. To the extent permitted by law, you assume all risk arising from your use of Outputs, and Riverside is not liable for that use.

7.7 Outputs may carry a watermark or machine-readable marking identifying them as AI-generated. You must not remove, alter or obscure these markings.

8. Likeness and acceptable use

8.1 When you use a feature that clones, edits or generates a person’s voice or likeness, you may only use a voice or likeness that is (a) your own, or b) another person’s, for which you hold that person’s explicit, informed, written consent covering the use you intend.

8.2 Before creating a Voice Model, Likeness Model or editing a person’s voice or likeness in a recording, you must complete consent form, and for your own voice or likeness, any verification we require.

8.3 You must keep records of the consent described in section 8.1 and provide them to us within seven (7) days of our request. If you cannot, we may disable the Voice Model or Likeness Model and suspend your account.

8.4 If a person withdraws consent, you must stop using their Voice Model or Likeness Model and delete it. We may delete a Voice Model or Likeness Model on notice from the person whose voice or likeness it is.

8.5 You must comply with the Labs Acceptable Use Policy. Among other things, you must not use the Service to impersonate any person, commit fraud, create deceptive deepfakes of real people, harass or threaten anyone, or create misleading political or election content.

8.6 We use automated systems, including detection of well-known individuals, to block certain generations. These systems are not perfect, and their failure to block content does not mean the content is permitted. You remain responsible for your use of the Service.

8.7 Where the law requires disclosure that content is AI-generated or manipulated (for example under Article 50 of the EU AI Act), you are responsible for making that disclosure when you publish or share Outputs.

9. API, developers and AI agents

9.1 Use of the API is also governed by the API Terms. You are responsible for all calls made with your API keys, whether made by you, your application or an AI agent acting for you.

9.2 You must keep API keys confidential, not embed them in client-side code, and rotate them promptly if compromised. We may revoke keys we believe are compromised or misused.

9.3 AI agents. If you use the Service through an AI agent, assistant or other automated tool (for example via a connector or MCP server), all activity by that tool under your account or API keys is your activity. You are responsible for it, and for configuring and supervising the tool so its use complies with these Terms.

9.4 Voice and likeness consent. A voice or likeness may be used through the API or an AI agent only after you have completed the consent for that voice or likeness in your account under section 8.2.

9.5 No resale. You may not offer the Service, or access to it, to third parties as part of your own product or service without a separate written agreement with us.

9.6 We apply rate limits and usage quotas, which may vary by account and may change at any time. You must not attempt to bypass them.

10. Privacy and biometric data

10.1 Our Privacy Policy explains how we process personal data, and how we collect, use, retain and destroy voice, face and other data that may be biometric data, including voiceprints and face geometry.

10.2 We retain Your Content, Voice Models, Likeness Models and Outputs only as long as needed to provide the Service, comply with law and resolve disputes. You can delete them at any time in your account. We delete biometric data when the purpose for collecting it has been satisfied or within 2 years of your last interaction with the Service, whichever is earlier. You can delete Voice Models, Likeness Models and Your Content at any time in your account.

10.3 Where you process personal data of others through the Service in a business capacity, our Data Processing Addendum applies.

11. Suspension and termination

11.1 You may stop using the Service and delete your account at any time.

11.2 We may suspend or limit your access, disable Voice Models, Likeness Models or API keys, remove content, or terminate your account, with or without notice, if we reasonably believe that: (a) you breached these Terms, the Acceptable Use Policy or the API Terms; (b) your use creates risk or harm to any person, to Riverside or to the Service; (c) we must do so to comply with law or a request from a competent authority; or (d) you failed a verification or consent request under section 8.3.

11.3 Where we restrict your account or content, we will tell you the reason and how to appeal, unless the law prohibits it or doing so would compromise an investigation or the safety of others.

11.4 We may also terminate free accounts that have been inactive for 12 months.

11.5 Sections 5.5, 5.7, 6.1 to 6.5, 6.7, 7, 8.3, 8.7, 9.3, 10.2, 12.3, 13 to 15, 17, 19 and 20, and any other provision that by its nature should survive, survive termination.

12. Abuse reports and takedowns

12.1 Anyone may report content or use of the Service that they believe is unlawful, infringing or in breach of the Acceptable Use Policy, including use of their voice or likeness without consent, at support@riverside.com.

12.2 Reports should identify the content or account concerned, explain why it is unlawful or abusive, and include the reporter’s contact details. A person whose voice or likeness is used without consent may ask us to delete the relevant Voice Model, Likeness Model and Outputs we hold.

12.3 We review reports promptly and may remove content, disable Voice Models or Likeness Models or suspend accounts. We may preserve information related to a report and share it with law enforcement where permitted or required by law.

12.4 Copyright. Copyright notices may be sent to our designated agent at info@riverside.com. We terminate accounts of repeat infringers in appropriate circumstances.

13. Disclaimers

13.1 NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIVERSIDE PROVIDES THE SERVICE AND OUTPUTS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RIVERSIDE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) DISCLAIM THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY. RIVERSIDE DOES NOT WARRANT THAT THE SERVICE WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS OR OTHER DAMAGES THAT YOU, YOUR CONTENT OR OUTPUTS MAY SUFFER THAT ARE BEYOND OUR CONTROL.

14. Limitation of liability

14.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL RIVERSIDE BE LIABLE FOR LOST PROFITS OR REVENUE, LOSS OF USE, LOSS OF CONTENT OR DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT RIVERSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 RIVERSIDE’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) US$100.

14.3 Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud, or gross negligence or wilful misconduct.

15. Indemnity

15.1 You will defend, indemnify and hold harmless Riverside and its affiliates, officers, employees and agents from and against any third-party claims, and related losses, expenses, liabilities, damages and costs (including reasonable legal fees), arising out of or in any way connected with: (a) claims asserted against Riverside in connection with Your Content; (b) Outputs you generate, and your use, publication or distribution of them; (c) your breach of these Terms, the Acceptable Use Policy or the API Terms; (d) your violation of any law or third-party right, including rights of publicity, privacy and biometric privacy; (e) use of the Service through your account or API keys, including by AI agents; and (f) any claim, suit or demand brought by a person whose voice, image, likeness or recording is included in Your Content, or used to create a Voice Model, Likeness Model or Outputs, alleging unauthorized recording or use, lack of consent, or violation of privacy, biometric privacy or publicity rights.

15.2 We will notify you of a claim, let you control its defense (provided that no settlement may be entered into without our consent or if such settlement would imposes any obligations on us), and give reasonable cooperation at your expense.

15.3 Consumers. If you are a consumer, sections 13 to 15 apply only to the extent permitted by the mandatory law of the country where you live. You keep any statutory rights that cannot be excluded by contract, and section 15 applies to you only where you acted intentionally or negligently.

16. Distribution partners

16.1 Our models may also be available through third-party platforms. If you access our models through a third-party platform, that platform’s terms govern your account and billing with it, and you must also comply with our Acceptable Use Policy. We may suspend access to our models through those platforms for breach of these terms.

17. Governing law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Subject to section 19, any and all disputes and controversies arising out of or in connection with these Terms shall be brought exclusively before the competent courts in New York, New York.

18. Changes to these Terms

Riverside reserves the right, from time to time and in its discretion, to make changes to these Terms. The modified Terms will become effective within five (5) days of being posted to the Riverside website. By continuing to access or use the Platform, you agree to be bound by the revised Terms. If you do not agree to the modifications, your sole remedy is to terminate use of the Platform.

19. Dispute Resolution; Arbitration; Class Action Waiver.

Please read this section carefully. It affects your rights by requiring you to arbitrate disputes with Riverside and limits the manner in which you can seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “Arbitration Agreement”.

You and Riverside agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or the Service shall be determined by binding arbitration on an individual basis rather than in court, except that you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Consumers outside the United States. This section 19 does not apply to you if you are a consumer resident in the European Union, the United Kingdom, or any other jurisdiction whose mandatory law does not permit pre-dispute arbitration of consumer claims or class action waivers. In that case, section 17 applies.

You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Riverside are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Riverside.

BY AGREEING TO ARBITRATION WITH RIVERSIDE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST RIVERSIDE ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.

Pre-Arbitration Dispute Resolution: If you desire to assert a claim against Riverside, and you therefore elect to seek arbitration, you must first send to Riverside, by certified mail, a notice of your claim (“Notice”). The Notice to Riverside must be addressed to 1111B S Governors Ave Suite 23493, Dover, DE 19904 (“Notice Address”). The Notice must seek to resolve only your individual dispute and must be personally signed by you (and not your counsel). Within thirty (30) business days of receipt of a demand, the recipient may request an individualized video or telephone conference which both parties will personally attend (with counsel, if represented). You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, 30 business days after the individualized conference. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if these requirements have not been met.

Arbitration Procedure: If the disagreement stated in the Notice is not resolved to your satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association or file a claim in small claims court. The arbitration will be governed by the Consumer Arbitration Rules (if you use the Service for personal purposes) or otherwise the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. Unless Riverside and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules unless the Mass Arbitration provisions set forth below are triggered. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration provision limits the ability of you and

Riverside to litigate claims in court and you and Riverside each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. Except in small claims court as permitted above, you agree that you will not file any lawsuit against Riverside in any state or federal court. Payment of arbitration filing, administration and arbitrator fees will be governed by the AAA Rules. For any such filing of a demand for arbitration, you must effect proper service under the AAA Rules and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND RIVERSIDE 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 Riverside agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding unless the Mass Arbitration provisions set forth below are triggered. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

If a court or the arbitrator decides that any term or provision in this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Mass Arbitration: If, at any time, 25 or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against Riverside, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and Riverside agree that AAA shall not serve as Arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.

Stage One: Counsel for the claimants and counsel for Riverside shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Riverside will pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Riverside shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Riverside will pay the mediator’s fee.

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Riverside shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your claim is not resolved as part of the staged process identified above, either:

Option One: You and Riverside may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending Riverside your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction consistent with these Terms.

You and Riverside agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision 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 unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

20. General

20.1 These Terms and the documents in section 1.2 are the entire agreement between you and Riverside about the Service. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver.

20.2 You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

20.3 Neither party is liable for delays caused by events beyond its reasonable control.