Terms of service

The Shared Environment provides an online marketplace where independent sellers offer products directly to buyers. Except where we expressly state otherwise, we do not manufacture, warehouse, or take title to items, and the contract for sale is between the buyer and the applicable seller.

1. Accepting These Terms

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and The Shared Environment. The contract is between you and The Shared Environment, LLC. We’ll just refer to The Shared Environment, LLC and all of its subsidiaries collectively as “The Shared Environment”.

Please note that Section 12 contains an arbitration clause and class action waiver, applicable to users in North and South America, and explains how to opt out of arbitration. Unless you validly opt out, you agree to resolve any disputes with The Shared Environment exclusively through binding individual arbitration, with only limited exceptions. This means you and The Shared Environment are waiving the right to sue in court, have a trial by jury, or participate in a class or representative action. Please read this Section carefully, as it affects your rights.

This contract sets out your rights and responsibilities when you use thesharedenvironment.com and the other services provided by The Shared Environment (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Additional Policies

The Shared Environment’s Services connect people around the world to buy and sell Montessori materials and furnishings for school and home. If you use any of our Services, you agree to these Terms, our Privacy Policy, our Trademark Policy, our Intellectual Property Policy, our Off-Platform Transactions Policy, our Anti-Discrimination Policy, our Shipping Policy, our Payment Processing Policy, and any other policies referenced herein or provided to you within the Services (collectively, “the Policies”).

3. Your Privacy

Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both The Shared Environment and Sellers independently determine the purposes and means of processing customers’ personal information and are therefore separate data controllers where required under applicable data protection laws. That means that each party is responsible for the personal information it processes in providing the Services.

If, however, you (as a Seller) and The Shared Environment are found to be joint data controllers of buyers’ personal information, and if The Shared Environment is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify The Shared Environment in accordance with Section 10 below.

4. Your Account with The Shared Environment

You’ll need to create an account with The Shared Environment to use some of our Services. The Shared Environment’s account rules are:

You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use The Shared Environment or the Services. You are responsible for any and all account activity conducted by a minor on your account.
You must provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
If you choose not to have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable. However, at our sole discretion, we may allow account transfers under specific circumstances, subject to our review and approval.
As mentioned above, you’re solely responsible for any activity on your account, so you must keep your account password secure. You must notify The Shared Environment immediately of any unauthorized use of your account or any other breach of security
These Terms create no agency, partnership, joint venture, employment, or franchisee relationship between you and The Shared Environment.
To request customer support (as described in Section 11), or to appeal an action by The Shared Environment, you must have an account.

5. Your Content

Content that you post using our Services is your content (referred to as “Your Content”). We make no claim to it, including anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
By posting Your Content through our Services, you grant The Shared Environment and, as authorized by The Shared Environment in its sole discretion, third parties, a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to support the function and growth of The Shared Environment. We won’t infringe any rights you have in Your Content. You acknowledge and agree The Shared Environment may create marketing materials that relate to your listings or other listings on The Shared Environment, and those marketing materials may use elements of Your Content if you are named in association with Your Content.
By posting Your Content, you grant The Shared Environment and, as authorized by The Shared Environment in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote The Shared Environment, your The Shared Environment shop, other shops and listings, or the Services in general, in any formats and through any channels, including across any The Shared Environment Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
The Shared Environment respects intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please raise a ticket with our Help Desk. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
There are types of content that may not be posted on The Shared Environment’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false, misleading, or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening or abusive conduct, or any other unlawful acts or crimes against The Shared Environment, another The Shared Environment user, or a third party.
You are responsible for paying all fees that you owe to The Shared Environment. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, The Shared Environment will calculate, collect and remit sales tax. A detailed breakdown of our fees can be found in our Fees Policy.
You agree not to crawl, scrape, or spider any page of the Services, or to reverse engineer or attempt to obtain the source code of the Services (including both The Shared Environment Intellectual Property and Seller Content) without our express permission.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
The name "The Shared Environment" and the other The Shared Environment marks, phrases, album badges, logos, and designs that we use in connection with our Services (the The Shared Environment Trademarks), are trademarks, service marks, or trade dress of The Shared Environment in the US and other countries. If you’d like to use our trademarks, you agree to follow our Trademark Policy.
Any ideas or other materials you submit to The Shared Environment (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
From time to time, The Shared Environment will provide you with certain legal information in writing. You agree that we can send you information electronically instead of by printed material, and that your electronic agreement is the same as your signature on paper.
You agree that you will not misuse any buyer or seller personal information obtained through the Services. You may only use such information as necessary to complete the relevant transaction, provide customer service, comply with legal obligations, or for any other purpose expressly permitted by our Policies or the data subject. You must not use such information to send unsolicited marketing communications without valid consent where required by law
Acceptable Use and Platform Integrity: In addition to any other restrictions set forth in the Terms, Seller Agreement, Seller Code of Conduct, or Prohibited Items Policy, users may not:
1. use the Services in any manner that interferes with, disrupts, damages, or degrades the Marketplace, its systems, or the experience of other users;
2. attempt to gain unauthorized access to any portion of the Services, accounts, systems, or networks;
3. use bots, scrapers, automated tools, or other means to access, extract, or monitor content or data from the Services without our express permission;
4. introduce malware, viruses, or other harmful code;
5. attempt to circumvent fees, safeguards, controls, or enforcement mechanisms;
6. misuse reporting, dispute, or review systems;
7. engage in deceptive, abusive, or fraudulent conduct; or
8. use the Services in violation of applicable law or regulation.

7. International Buyers and Sellers

The Shared Environment is based in the United States, but our marketplace may be accessed by Buyers and Sellers located in other countries.

By using the Services internationally, you acknowledge and agree to the following:

Local Laws May Apply
Your use of the Services may be subject to local laws, regulations, and consumer protection requirements in your country, province, or region. Nothing in these Terms or Policies is intended to limit any rights you may have under mandatory applicable law, including consumer protections that cannot be waived.
Seller Responsibility for Cross-Border Compliance
Sellers are solely responsible for ensuring that their listings, products, shipping practices, taxes, and business operations comply with all laws applicable to them, including import/export rules, product safety requirements, and local tax obligations.
Taxes, VAT, and Marketplace Facilitator Rules
Depending on the jurisdiction, The Shared Environment or its Payment Processor may be required to calculate, collect, or remit certain taxes (such as sales tax, VAT, or GST) in connection with marketplace transactions. Where this applies, such collection or reporting may occur automatically through the platform.
Returns and Consumer Rights Outside the United States
Buyers located outside the United States may have additional statutory rights regarding cancellations, returns, or refunds. Sellers must comply with all mandatory return and refund obligations required under applicable local law, regardless of any marketplace return window.
Dispute Resolution and Jurisdiction
The dispute resolution provisions in these Terms, including arbitration requirements and forum selection clauses, apply only to the extent permitted by applicable law. Users located outside the United States may be entitled to bring disputes in the courts of their country of residence where required by mandatory law.
Payment Processing and Regional Availability
Payment processing services may vary by country and may be subject to additional verification, payout limits, or restrictions imposed by the Payment Processor or local regulatory requirements. The Shared Environment does not guarantee that all Services or payment features will be available in every jurisdiction.
Updates and Country-Specific Addenda
As The Shared Environment expands internationally, additional country-specific terms, addenda, or policies may apply. These will be made available through the Services and will govern to the extent applicable.
Privacy and Cross-Border Data Transfers
To provide the Marketplace Services, The Shared Environment may collect, use, and share personal information with Sellers, service providers, and partners located in other countries.

As a result, your personal information may be transferred internationally in connection with purchases, fulfillment, payment processing, and customer support.

Depending on your location, you may have additional privacy rights under applicable law (including the UK GDPR, EU GDPR, Canadian privacy laws, and certain U.S. state privacy laws).

For more information about how we process personal information and how to exercise your privacy rights, please review our Privacy Policy.

8. Termination

Termination By You.

You may terminate your account with The Shared Environment at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Terminating your account will not relieve you of responsibility for any outstanding bills.

Termination By The Shared Environment.

We may terminate or suspend your account (and any accounts The Shared Environment determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites. Generally, The Shared Environment will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. The Shared Environment reserves the right to terminate your account for any reason, at its sole discretion, with or without notice.

If you or The Shared Environment terminate your account, you may lose any information associated with your account, including Your Content.

Discontinuation of the Services.

The Shared Environment reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in The Shared Environment’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

9. Warranties and Limitation of Liability

Items You Purchase.

You understand that The Shared Environment does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so The Shared Environment can't and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You, to the fullest extent permitted by applicable law without limiting any non-waivable rights, release The Shared Environment from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content Accessed.

We make no representations concerning any content posted by users through the Services. The Shared Environment is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You, to the fullest extent permitted by applicable law without limiting any non-waivable rights, release us from all liability relating to that content.

Third-Party Services.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. The Shared Environment is not a party to those agreements; they are solely between you and the third party, and The Shared Environment is not responsible for, and disclaims, any loss or damage arising from your use of such third-party services, to the fullest extent permitted by applicable law.

WARRANTIES.

THE SHARED ENVIRONMENT IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT SOMETIMES THINGS CAN GO WRONG. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY NON-WAIVABLE STATUTORY RIGHTS YOU MAY HAVE, YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE SHARED ENVIRONMENT (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL THE SHARED ENVIRONMENT’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100 USD, OR (B) THE AMOUNT YOU PAID THE SHARED ENVIRONMENT IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

We hope this never happens, but if The Shared Environment gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold The Shared Environment (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

11. Disputes with Other Users

We encourage users to resolve disputes directly and amicably. However, to foster a fair and functional marketplace, The Shared Environment provides an internal dispute resolution mechanism for certain types of disagreements between users. While Sellers are solely responsible for the transaction, we may intervene to enforce our policies, protect Buyers, or maintain marketplace integrity.

Transactional Disputes (e.g., regarding purchases, condition of items, delivery):
1. Attempt Direct Resolution: Buyers and Sellers are first required to attempt to resolve any transaction-related dispute directly with each other through The Shared Environment's messaging system.
2. Escalation to Help Desk: If direct resolution is unsuccessful within 14 days a reasonable timeframe, either party may escalate the dispute by opening a ticket with our Help Desk. When escalating, users must provide comprehensive details, including communication history, order numbers, and any relevant evidence (e.g., photos).
3. The Shared Environment's Mediation: Upon escalation, The Shared Environment will review the provided information in good faith. We may request additional information from both parties. Our role is to facilitate communication, interpret our policies (including the Refunds, Returns, & Exchanges Policy), and, where appropriate, suggest a resolution. Decisions made by The Shared Environment in transactional disputes will consider our policies and our efforts to ensure a fair outcome, but we generally will not make legal judgments.
Non-Transactional Disputes (e.g., concerning user-generated content, harassment, or other platform interactions not directly tied to an order):
1. Reporting Mechanism: Users can report concerns about another user's conduct or content by opening a ticket with our Help Desk. The report should include specific details, identifying information of the user(s) involved, and any supporting evidence.
2. Investigation: The Shared Environment will investigate non-transactional disputes based on the information provided and our Terms of Use and other relevant policies.
3. Action: Based on our investigation, The Shared Environment may take appropriate action, including, but not limited to, facilitating communication, requesting content modifications, issuing warnings, or suspending user accounts, in its sole discretion.
Limitations: The Shared Environment is not a court of law and will not adjudicate legal claims or make determinations on legal liability. Our dispute resolution process is intended to resolve issues within the context of our platform and policies. The Shared Environment has no obligation to resolve, or to assist in resolving, all disputes, especially those involving complex legal claims.
Release of The Shared Environment. You release The Shared Environment (and our employees, officers, directors, agents, subsidiaries, and affiliates) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between users or third parties using our Services. This release does not apply to claims that The Shared Environment has acted in bad faith or in violation of its own stated policies in handling a dispute.

12. Arbitration and Dispute Resolution Agreement

The first course of action, should a dispute arise, is to contact us directly so that we can resolve it. If we cannot reach resolution, you and The Shared Environment (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.

These Terms, the Policies, and any dispute or claim arising out of or relating to them or to your use of the Services are governed by the laws of the State of Minnesota and the United States of America, without regard to conflict-of-laws principles that would result in the application of the laws of another jurisdiction, except that if you are a consumer residing outside the United States, you may also have the benefit of certain mandatory protections under the laws of your country of residence, which are not affected by this choice of law.

Subject to the arbitration provisions below, the state and federal courts located in Ramsey County, Minnesota, will have exclusive jurisdiction over any dispute that is not subject to arbitration, and you and we consent to the personal jurisdiction of those courts. This exclusive jurisdiction provision applies only to the extent permitted by applicable law. Nothing in these Terms limits any mandatory rights a consumer or seller may have to bring proceedings in their country of residence.

This Section 12 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies to the fullest extent allowable by law.

Please read this Section carefully, as it affects your rights.

You and The Shared Environment agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by The Shared Environment or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and The Shared Environment are each waiving your right to sue in court and have a court or jury trial.
You and The Shared Environment agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in Section 12.6 (Batch Arbitration), disputes between us can't be arbitrated or consolidated with those of any other person or entity. If there is a final decision (after exhaustion of all appeals) that any part of this Section 12.2 is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
Before filing an arbitration, you and The Shared Environment will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to disputeresolution@thesharedenvironment.com that includes (1) your name, phone number, the email address for your account, username and shop name (if applicable), and (2) a description of the Dispute and how you’d like it resolved. If The Shared Environment has a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and The Shared Environment must cooperate to schedule that meeting by phone or videoconference. You and The Shared Environment each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration can't be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve The Shared Environment with any arbitration demand by mail to: The Shared Environment, LLC, 7362 University Ave NE, Suite 310-5, #1225, Fridley, Minnesota, 55432, USA. If The Shared Environment has a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA can't or will not administer the arbitration in accordance with Section 12, you and we will select another provider (and if we can’t agree, a court will choose the provider).
1. The arbitration will be conducted in the English language by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (i) if the amount in dispute is less than $25,000 USD, the arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephonic hearing); and (ii) if the amount in dispute is $25,000 USD or more, the arbitration will be held by videoconference (i.e., there will be no in-person hearing). If an in-person hearing is required, it will be held in the county where you live (for US residents), by videoconference or in another mutually agreed location (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration).
2. The arbitration will be decided under the AAA Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business (e.g., a seller or developer) and either your or The Shared Environment’s claims exceed $75,000 USD, the AAA Consumer Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law and any counsel must comply with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any sanctions available under the applicable AAA rules, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgement/compromise, and fee-shifting rules in the same way as a court would.
3. The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 12 (Arbitration and Dispute Resolution Agreement), and either party’s compliance with Section 12.3 (Informal Dispute Resolution). Except as provided in Section 12.6 (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and The Shared Environment. Judgement on the award may be entered in any court with jurisdiction.
Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are using the Services as a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and The Shared Environment will pay the difference on your behalf.
To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of 100 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 100 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 12.6 is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section 12.9) within 30 days after you first accept the Terms. To opt out, you must send a timely email to arbitrationoptout@thesharedenvironment.com with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither The Shared Environment nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
The Shared Environment will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing arbitrationchanges@thesharedenvironment.com within 30 days after you receive notice, including your name, email address associated with your account, your username, and shop name (if applicable). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and The Shared Environment, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.
The Shared Environment is based in Minnesota, so if there are claims between you and The Shared Environment that aren’t subject to arbitration, you and The Shared Environment each agree to litigate those claims exclusively in state or federal court in Ramsey County, Minnesota, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court – you can do that in the county of your residence. Except as prohibited by law, these Terms shall be governed exclusively by Minnesota law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). However, if you are based in Canada, you may instead bring any non-arbitrable claims in the courts and under the laws (including federal law) of either Quebec (if you are an individual or sole proprietor in Quebec), or Ontario. For clarity, this Section 12.9 will continue to apply even if you validly opt out of arbitration under Section 12.7.

13. Dispute Resolution (Rest of World)

This Section 13 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. If we form one or more affiliated entities outside the United States for regulatory or tax reasons, we may designate that affiliate as your contractual counterparty for certain regions; in that case, we will update these Terms to reflect that change. Unless and until we do so, your contract is with The Shared Environment LLC. However, if you are based in Australia, the Terms and any disputes will be governed by the laws and courts of Australia. If you are using the Services as an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If The Shared Environment needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

If a dispute arises between you and The Shared Environment, we encourage you to contact The Shared Environment Help Desk to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined in Section 12.C above.

14. Changes to the Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account. For users within the EU, you may also access the European Commission's online dispute resolution platform.

15. Additional Legal Considerations

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and The Shared Environment regarding the Services. Except as provided in Section 12, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

16. Contact Information

If you have any questions about the Terms, please email us at legal@thesharedenvironment.com.