12. Governing Law

12.1 Applicable Law

These Terms and Conditions, including the governing law provisions, shall be interpreted, construed, and governed by the laws of the State of Delaware, United States of America, without regard to its conflict of law principles or provisions that would result in the application of a different jurisdiction's laws.

This agreement does not extend to consumer protection statutes, mandatory arbitration requirements, or other non-waivable legal provisions that may apply to you based on your jurisdiction of residence.

12.2 Jurisdiction & Venue

Any legal action, proceeding, or dispute arising out of or relating to these Terms, the services provided by That Is A Q, or the relationship between the parties shall be brought exclusively in the federal or state courts located in Wilmington, Delaware.

By accessing our platform, engaging our services, or executing any agreement with That Is A Q, you irrevocably and unconditionally consent to the personal jurisdiction and venue in such courts, and waive any objection to venue, forum non conveniens, or improper venue.

12.3 Dispute Resolution

Before initiating any litigation, both parties agree to attempt to resolve disputes through good-faith negotiations for a period of no less than thirty (30) days following written notice of the dispute. If negotiation fails, parties agree to submit to binding commercial arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall take place in Wilmington, Delaware, before a single arbitrator, and the award rendered shall be final, binding, and enforceable in any court of competent jurisdiction. Class actions and class-wide arbitration are expressly waived unless explicitly agreed to in writing.

Note: This clause does not restrict your right to file complaints with government agencies, including the FTC or state attorney general, regarding potential legal violations.

12.4 Severability

If any provision of this Governing Law section, or any other portion of these Terms, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such holding shall not affect the validity or enforceability of any other provision. The remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

12.5 Waiver & Enforcement

The failure or delay by That Is A Q in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. No waiver of any provision shall be effective unless expressly set forth in writing and signed by an authorized representative of That Is A Q.

We reserve the right to enforce these provisions to the fullest extent permitted by applicable law, including seeking injunctive relief, specific performance, or other equitable remedies where monetary damages may be insufficient.