Terms of Service
Stellar Home Maintenance – Mobile App Terms of Service
Last update: November 15, 2023
These Terms of Service (“Terms”) are a legal agreement between you, a contractor providing residential home maintenance services (“you” or “your”) and Stellar Home Maintenance Inc. (“Stellar”, “we”, “us”, or “our”). These Terms explain how you are permitted to use the software that Stellar makes available in its mobile application (“App”). By accepting the Terms and clicking the “I agree” button, you are agreeing to all the Terms.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 21 BELOW. BY ACCEPTING THESE TERMS (ELECTRONIC OR OTHERWISE), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISI1. ON.
1. LICENSE TO USE APP
Subject to your compliance with these Terms, Stellar hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the App, in object code form, solely for the purpose of obtaining, performing, managing and tracking the status of property maintenance and services that you are asked to perform for Stellar’s clients (“Clients”) (those property maintenance and services, the “Services”). To use the App, you must have a mobile device (“Device”) that meets Stellar’s current specifications, located at https://mystellar.com/stellar-pro-devices. You agree that: (a) use of the App on your Device requires an active data plan with a wireless carrier associated with your Device, which data plan will be provided by you at your own expense; and (b) use of the App on your Device may consume large amounts of data through the data plan. STELLAR ADVISES THAT YOUR DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS, AND STELLAR IS NOT RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN. You are responsible for the acquisition, cost and maintenance of your Device(s) and the voice service and/or wireless data plan used to access the App.
2. RESTRICTIONS
You may not: (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.
3. CHANGES
Stellar may make changes to or discontinue the content and services offered on or through the App, in whole or part, at any time.
4. STATUS
The relationship between the parties under these Terms is solely that of independent contracting parties. The parties expressly agree that: (a) these Terms are not an employment agreement, nor does it create an employment relationship, between Stellar and you; and (b) no joint venture, partnership, or agency relationship exists between Stellar and you. You acknowledge and agree that Stellar’s provision to you of the App creates an independent contractor relationship between Stellar and you. Stellar does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of Services, your acts or omissions. You retain the sole right to determine if or when, where, and for how long you will utilize the App. You retain the option, via the App, to attempt to accept or to decline or ignore an assignment for Services (“Work Order’). You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to engage in any other occupation or business. Stellar retains the right to deactivate or otherwise restrict you from accessing or using the App in the event of a violation or alleged violation of these Terms, your disparagement of Stellar, your unprofessional conduct, your act or omission that causes harm to Stellar’s brand, reputation or business as determined by Stellar in its sole discretion. In the event of such deactivation or restriction, you will not be entitled to receive payment for any Work Orders not completed as of the date of such deactivation or restriction from the App. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable, proper, necessary or advisable during the time you are performing the Services. You acknowledge and agree that you will not, and will not attempt or allow any unlicensed personnel to perform any of the Services. You shall be responsible for and pay the employees or service providers hired by you and you shall have full discretion over who you hire, what your employees or service providers are paid, and the number of employees or service providers hired by you, if any. All workers furnished by you will be employees or service providers of yours and will at all times be subject to your direct supervision and control.
5. DOCUMENTATION
You acknowledge and agree that, prior to acceptance of a Work Order, you shall possess the appropriate level of expertise and experience to provide Services in a professional manner with due skill, care and diligence. You further acknowledge and agree that you shall (x) maintain high standards of professionalism, service and courtesy, (y) perform all Services in compliance with applicable law, including all state and local building and property codes, and (z) obtain all permits necessary or desirable for performing the Services. You acknowledge and agree that Stellar reserves the right, at any time in Stellar’s sole discretion, to deactivate or otherwise restrict you from accessing or using the App if you fail to meet the requirements set forth in these Terms. To ensure your compliance with all requirements in this Section 5, when reasonably requested by Stellar, you must provide Stellar with copies of your contractor’s license and any related information. Your failure to provide any of the foregoing shall constitute a material breach of these Terms. Stellar reserves the right to independently verify your documentation from time to time in any way Stellar deems appropriate in its reasonable discretion.
6. PROVISION OF SERVICES
When you activate the App, Work Orders may be assigned to you via the App, along with certain information, including the date, time and location of the Services appointment, the work site, and the nature of the Services to be performed. By accepting a Work Order, you agree to arrive no later than the appointed time, on the appointed date and to successfully complete the Services you have accepted in accordance with the timeline, requirements, and specifications provided with the Work Order. You shall not contact any Client or use any Client’s personal data for any reason or purpose other than for the purposes of fulfilling the Services. You shall keep Stellar informed and updated at all times through the use of the App about the status of the Services, including by taking pictures of the home, apartment, condominium, building, property, or structure (“Residence”) when you arrive, taking progress pictures as the job starts, progresses and completes, and providing a written assessment and bid of the Services to be performed (e.g., repair toilet, paint, etc.). Such pictures will not include the residents or neighbors of the Residence or any other people. You shall also request and obtain approvals for all field bids from Stellar prior to starting and advancing each next stage of the Services and mark completed jobs via the App. Stellar may provide approvals verbally or in writing (including email).
7. LOCATION BASED SERVICES
The App includes and makes use of certain functionality and services provided by third-parties that allow Stellar to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
8. INTELLECTUAL PROPERTY
The App, including all intellectual property rights therein, are and shall remain (as between you and Stellar) the property of Stellar or its licensors. Neither these Terms nor your use of the App conveys or grants to you any rights in or related to the App, except for the limited license granted above. Other than as specifically permitted by Stellar in connection with the Services, you are not permitted to use or reference in any manner Stellar’s or its respective licensors’ names, logos, products and service names, trademarks, or copyrights for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the Stellar Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
9. DEVICE COMPATIBILITY
To use the App, you must have a Device that is compatible with the mobile service. Stellar does not warrant that the App will be compatible with your particular Device.
10. UPGRADES
You acknowledge that Stellar may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your Device. You consent to such automatic upgrading on your Device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Stellar and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
11. Privacy Policy.
Stellar may collect your personal data during the course of your application for, and use of, the App, or may obtain information about you from third parties. Such information may be stored, processed, transferred, and accessed by Stellar, third parties, and service providers for business purposes in accordance with Stellar’s Privacy Policy, which is available at https://mystellar.com/privacy (the “Privacy Policy”).
The use of Geo-Location Services is subject to the terms of the then current Google privacy policy (http://www.google.com/privacy.html).
12. APPLE IOS APP TERMS
The following additional terms and conditions apply with respect to any App that Stellar provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
(i) You acknowledge that these Terms are between you and STELLAR only, and not with Apple, Inc. (“Apple”).
(ii) Your use of STELLAR’s iOS App must comply with Apple’s then-current App Store Terms of Service.
(iii) STELLAR, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
(iv) You agree that STELLAR, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
(v) You agree that STELLAR, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
(vi) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
(vii) You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
(viii) The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of STELLAR’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
13. ANDROID APP TERMS
The following additional terms and conditions apply with respect to any App that Stellar provides to you designed for use on an Android-powered mobile device (an “Android App”):
(i) You acknowledge that these Terms are between you and Stellar only, and not with Google, Inc. (“Google”).
(ii) Your use of Stellar’s Android App must comply with Google’s then-current Android Market Terms of Service.
(iii) Google is only a provider of the Android Market where you obtained the Android App. Stellar, and not Google, are solely responsible for Stellar’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Stellar’s Android App or these Terms.
(iv) You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Stellar’s Android App.
14. Third-Party Sites
This App may link to other web sites that are not Stellar sites (collectively, “Third-Party Sites”). Certain areas of the App may allow you to interact with such Third-Party Site and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the App. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Stellar, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Stellar is providing links to the Third-Party Sites to you as a convenience, and Stellar does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT STELLAR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the App to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Stellar’s endorsement or recommendation.
15. SUBMISSIONS
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the App (each a “Submission”). You may not upload, post or otherwise make available on this App any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein or in the Stellar Privacy Policy, you agree that any Submission provided by you in connection with this App is provided on a non-proprietary and non-confidential basis. You hereby grant to Stellar a non-exclusive, perpetual, irrevocable, transferable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, sublicense, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Stellar agrees to use any personally identifiable information contained in any of your Submissions in accordance with Stellar’s Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions, you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require STELLAR to monitor, police or remove any Submissions or other information submitted by you or any other user.
16. WARRANTY DISCLAIMER
STELLAR AND ITS LICENSORS PROVIDE THIS APP ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY TYPE OR KIND. STELLAR AND ITS LICENSORS HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. STELLAR, FOR ITSELF AND ITS LICENSORS, DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE APP: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR SERVICES. STELLAR MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS (X) IN CONNECTION WITH THIS APP OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APP, OR (Y) TO THE ACTIONS OR INACTIONS OF THE CLIENTS WHO MAY REQUEST OR RECEIVE SERVICES FROM YOU, AND STELLAR DOES NOT SCREEN OR OTHERWISE EVALUATE CLIENTS, (Z) HOW MANY SERVICE REQUESTS YOU WILL RECEIVE OR MONEY YOU WILL MAKE. STELLAR EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY CLIENT, BENEFICIARY OR OTHER THIRD PARTY.
17. INDEMNIFICATION
You hereby agree to indemnify and hold harmless Stellar its officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under these Terms; (b) your violation of applicable law, including any building or property code or failure to maintain a current and valid contractor’s license; (c) a claim by a third party (including but not limited to Clients and governmental authorities) directly or indirectly related to your provision of Services, or (d) any claims related to worker’s compensation or employment matters filed by your employees, subcontractors, agents or any other persons or entities furnishing labor, materials, equipment or other services or facilities in connection with your provision of the Services.
18. LIMITATION OF LIABILITY
STELLAR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STELLAR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF STELLAR KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER. IN NO EVENT WILL STELLAR’S LIABILITY EXCEED THE GREATER OF [$100] AND THE AMOUNTS STELLAR PAYS YOU FOR THE PERFORMANCE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT THAT FIRST GIVES RISE TO THE CLAIM.
19. GENERAL
These Terms will be governed by and shall be construed in accordance with the laws of the State of Texas, without regard to any conflicts of law principles. Stellar may assign these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of these Terms, which shall remain in full force and effect. Any failure by Stellar to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision of these Terms. No waiver shall be effective against Stellar unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Other than as stated in this section or as explicitly agreed upon in writing between you and Stellar, these Terms constitutes all the terms and conditions agreed upon between you and Stellar and supersedes any prior agreements in relation to the Stellar App, whether written or oral. The intellectual property, warranty disclaimer, representations made by you, indemnities, limitations of liability, general provisions, and arbitration provisions shall survive any termination of these Terms.
20. ARBITRATION
In the event a dispute or claim arising under these Terms, your Services or compensation (collectively “Claims”), the parties will use reasonable efforts to resolve the Claim through direct discussions for a period of up to thirty (30) days. Any unresolved Claim shall be submitted to arbitration pursuant to the Construction Industry Arbitration Rules issued by the American Arbitration Association (AAA) then in effect and heard by a neutral arbitrator supplied by AAA, available at https://www.adr.org/sites/default/files/ConstructionRules_Web.pdf. These Terms are governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and relates to matters involving interstate commerce. Any such arbitration shall be governed by the law of the state in which the Services are performed.
(a) Prohibition of Class and Representative Actions. The parties also agree that all claims must be brought in an individual capacity and not as a plaintiff or participating class member in any purported class, collective, consolidated or representative proceeding. The parties expressly waive any right to have any dispute brought, heard, or arbitrated as a class action and/or as a collective action. The arbitrator has no authority to adjudicate class, collective, consolidated or representative proceedings, other than to enforce this provision. This class action waiver shall be interpreted consistent with applicable federal law and state law to the extent it is not preempted by federal law. Each party shall bear its own costs in respect of any disputes arising under these Terms, to the extent allowed by applicable law.
(b) Class Action Waiver Opt-Out; Small Claims Court. Notwithstanding the other terms in this Section, you or Stellar may choose to pursue a Claim in court and not by arbitration if (a) the Claim may be and is initiated in small claims court in the United States; or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THIS SECTION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST AGREE TO THE THESE TERMS (the “Opt-Out Deadline”). You may opt-out of the arbitration terms in this Section by mailing written notification to Stellar, Legal Department, 14901 Quorum Dr Dallas, TX, United States, Suite 900. Your written notification must include (1) your name and your Stellar App account username, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Stellar through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with Stellar. Any opt-out request received after the Opt-Out Deadline is not valid and you must pursue your Claim(s) in arbitration or small claims court as described in this Section.
(c) Arbitration Procedures. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, the arbitrator may award the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), except that the arbitrator cannot not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. The arbitrator must follow and enforce the Terms.
The arbitrator, and not any court, shall have exclusive authority to resolve any Claim relating to the interpretation, applicability, enforceability or formation of this Section 21 (Arbitration) including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator will decide any and all Claims—statutory, common law, or otherwise.
To commence arbitration, you must complete a short form, submit it to the AAA, and send a copy to Stellar, Attn: Stellar Legal Department, 14901 Quorum Dr Dallas, TX, United States, Suite 900. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once Stellar receives your arbitration claim, Stellar may assert any counterclaims we may have against you.
The arbitration shall be held in Dallas, Texas, or at another mutually agreed location.
(d) Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. Each party will be individually responsible for all other costs and fees incurred in connection with the arbitration, including without limitation, all attorneys’ fees, unless recoverable under applicable law. However, in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees and costs associated with the arbitration, including our attorneys’ fees, and fees and costs paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
(e) Jury Waiver. You understand and agree that by accepting this arbitration provision in these Terms, you and Stellar are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this arbitration provision, you and Stellar might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
(f) Severability. If any clause within this arbitration provision (other than the class action waiver clause in Section 21(b) above) is found to be illegal or unenforceable, that clause will be severed from this arbitration provision whose remainder will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, this entire arbitration provision will be unenforceable and the dispute will be decided by a court.
(g) Continuation. This arbitration provision shall survive the termination of your account with Stellar and your discontinued use of this App. Notwithstanding any provision in these Terms to the contrary, Stellar agrees that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require Stellar to adhere to the present language in this provision if a dispute between us arises.