TERMS OF SERVICE

1.1 Binding Agreement. The Head2Head Trivia Website at https://h2htrivia.com and its associated mobile applications (the “Applications”) together form the Head2Head Trivia platform (the “Platform”). The Platform is owned and operated by Head2Head Media, LLC (“H2H”, “us”, “we,” “our”). These Terms of Service (the “Terms”) constitute an agreement between H2H and you. The Terms govern your use and access of the Platform and the services, functionalities, games, contests and products made available on it (collectively, the “Services,” each, individually, a “Service”). You must read the Terms carefully before using or accessing the Platform or participating in the Services. By using or accessing the Platform or the Services, you agree to be bound by the Terms and the documents referred to herein (“Acceptance”). If you do not agree with or accept any of these Terms, you must leave the Platform immediately, and you will not be allowed to participate in any of the Services.

1.2 Entity. If you are using the Platform on behalf of a separate legal entity such as a corporation, then you affirm that you are an authorized representative or agent of that entity with the authority to bind such entity and agree to these terms on behalf of such entity. In such a circumstance, both you and the entity will be bound by these Terms and the words “you” and “your” as used in these terms will refer to and apply to both you personally and the entity.

1.3 Modifications. We reserve the right in our sole discretion to modify the Terms, or any part thereof, at any time, by posting the amended version on the Platform. Such modification will become effective twenty-four (24) hours after posting. Your continued use of the Platform or any of the Services after such twenty-four (24) hour notice period confirms your consent to and acceptance of such modification. The most current version of these Terms will govern your use of the Platform and the Services, including without limitation any content made available on the Platform. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party. If you do not agree with changes to these Terms, you must cease using the Platform and the Services.

1.4 Privacy. We take your privacy seriously. To find out about how we collect, share and use your content and information, please read the Privacy Policy (https://h2htrivia.com/privacy_policy), which forms part of the Terms and is incorporated by reference. By providing personal information via the Platform, you agree that we may collect, use and disclose your personal information as is necessary to operate and provide the Platform.

1.5 Eligibility/Location Restrictions. The Services are intended for and directed to only US citizens who are located in jurisdictions where the games offered are legally permissible. Without limiting the generality of the foregoing, players located in Arizona, Arkansas, Delaware, Florida, Kentucky, Louisiana, Maryland, Michigan, South Carolina, South Dakota, Tennessee or Washington are prohibited from participating in all games with entry fees.

1.6 Age Restrictions. Persons who are below the age of 18 or the age of majority in their jurisdiction are prohibited from accessing or using the Platform. We have the right, but not an obligation, to at any time require proof of a person's age and proof of parental or legal guardian consent to ensure eligibility to participate in the Services or otherwise access or use the Platform.

1.7 Term and Termination. The Terms are effective upon your Acceptance of the Terms. We may terminate the Terms or stop providing the Platform or any Services at any time in our sole discretion.

2.1 H2H Trivia. The Platform enables eligible users to enter multi-player trivia contests (the “Contests”) through which they compete in a series of head-to-head matches against other players for a chance to win prizes of real-money value.

2.2 Participation. Participants in the Services shall be referred to herein as “Users.” In order to use the Services, you must comply with these Terms as well as the Privacy Policy, the Official Rules (collectively, the “Agreements”), including any addendums, amendments or modifications thereto. If these Terms are inconsistent with or conflict with the Official Rules, the Official Rules shall prevail.

2.3 Third-Party Services. Certain components of the Services may be provided by third parties (“Third-Party Services”). H2H does not control Third-Party Services and has no liability for them. Your use of Third-Party Services may be subject to terms and conditions which differ from those contained in these Terms, including, without limitation, refund policies. You are responsible for reading and understanding the terms and conditions that apply to any Third-Party Services you use.

2.4 Acceptance of the Rules. By entering any Contest, you agree to abide by the Official Rules

2.5 Notice. We will provide to you all necessary User notifications, including payment activity notifications.

2.6 Support. We will provide Users with all necessary User support for User activity, including payment activity and dispute resolution.

2.7 Bans. We may permanently or temporarily ban any User of the Platform from any or all Contests in our sole arbitrary discretion. In such a circumstance, until the ban is lifted, the banned User is prohibited from entering any Contest from which he or she has been banned.

2.8 Taxes. If the Internal Revenue Service were to require you to report your winnings and it were determined that we are responsible for issuing you a 1099-Misc. income tax form, we would require you to provide to us your social security number or a W-9 form. You acknowledge and agree that, if we are required to issue a 1099-Misc, you cannot collect your prize without first providing to us your social security number or a W-9 form and that if you do not provide to us your social security number or a W-9 form, you agree to forfeit the prize.

2.9 Prohibited Parties. Directors, officers, employees, and agents, as well as their respective immediate family members (including, without limitation, spouses, domestic partners, parents, children, and siblings) of H2H and any other person residing in the household of any of the foregoing persons are prohibited from participating in the Contests.

2.10 Void. The Services, and/or any component thereof, are void where prohibited by applicable law.

3.1 Registration. To access the Services and use the Platform, you must first complete the registration process to create an account ("Account"), which may involve registering a unique username and password or logging into the Platform with certain approved login credentials, including Apple or Android IDs (collectively, "Credentials") and providing us with any other information we request on the Account registration form. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify H2H if you know or suspect that your Account or Credentials have been used by any other person. You shall not use or access an Account which is not your own.

3.2 Registration Data. During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Platform's registration form (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform or the Services (or any portion thereof) by you.

3.3 Credentials. We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but it may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if it is not satisfied with the verification. If we, in our discretion, consider your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any notice to you. We may require you to change your Credentials from time to time.

3.4 Suspension or Termination of Account. We may suspend or terminate your Account at any time and for any reason or no reason whatsoever in our sole discretion without notice to you. Without limiting the generality of the foregoing, your breach of these Terms (including without limitation failure to pay any charges or fees as billed and without delay) or the Rules, may result in the suspension or termination of your Account.

4.1 Materials. Except with respect to third-party materials, H2H authorizes you to view, download and print a single copy of materials and content provided on the Platform for your personal, non-commercial use only and only in connection with your use of the Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of the Platform's materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Platform or this Platform's materials or content without the prior our written permission is strictly prohibited. We reserve the right to take such steps as we deems necessary, including legal action, to restrain such unauthorized and prohibited activity and reserves the right to suspend or terminate your access to any part of the Platform immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of our Platform.

4.2 Lawful Use. EYou agree that your use of the Platform and materials on the Platform will be for lawful purposes only and in a manner consistent with local, national or international laws and regulations.

4.3 Restricted Users. Potential users of the Platform or any of the Services in any jurisdiction whose laws would void these Terms in whole or in part or render accessing the Platform or any of the Services illegal are not permitted to use the Platform or participate in the Services.

4.4 Restrictions. As a condition of your use of the Platform, you agree:

4.5 Availability. While we make commercially reasonable efforts to ensure that the Platform is available, we do not represent, warrant or guarantee in any way the Platform's continued availability at all times or uninterrupted use by you of the Platform. You acknowledge that access and use of the Platform may be subject to bugs, malfunctions, delays, and downtime. You recognize that, due to the nature of the internet and electronic devices, your access and use of the Platform may be inhibited or affected by factors outside of our control. .

4.6 Accuracy of Content. Although we reserve the right to monitor, edit, review or remove content from the Platform, we does not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Platform is at your own risk and we may suspend or terminate operation of the Platform at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Platform does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

4.7 Responsibility for Expenses. You are solely responsible for all costs, expenses, and liabilities connected to your access and use of the Platform and Services. Without limiting the generality of the foregoing, you are responsible for (a) your internet, wireless, and data costs incurred in connection with your use or access of the Platform; and (b) obtaining and maintaining any device or other hardware or software you use to access and use the Platform.

4.8 Availability. Availability of the Platform is subject to your continued access to sufficient internet and/or data services.

4.9 Limitations. We do not guarantee that the Platform will work on all hardware. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Platform, as updated from time to time.

5.1 Charges. Use of Services, purchases of products or entry into Contests may result in charges (“Charges”) to you. For example, if you enter a Contest the requires and entry fee, you will be charged accordingly. We will inform you of the amount you are paying before you incur any Charge. When you purchase products and/or Services through the platform, you agree to pay the applicable Charges. Charges might be one-time or recurring, depending on the Service selected. You agree to pay all Charges and applicable taxes without delay. Unless otherwise specified, payment must be made in full and received by us prior to our acceptance of an order for products or Services. When incurring a Charge, you must provide accurate and complete personal and billing information. You are responsible for paying all taxes associated with your order, such as sales taxes. Separate charges for taxes will be shown on your order receipt or invoice.

5.2 Receipts & Confirmation. The total Charges for purchases of Services and products are set out in purchase receipts. We will also provide confirmation of your purchase(as) to the email address you provided when registering or otherwise updating your Account.

5.3 Payment. By providing a payment method, such as a credit card, that is accepted by us, you represent and warrant that you are authorized to use such payment method and that you authorize us or our third-party payment processor to charge you for all applicable Charges and applicable taxes. If we, or our third-party payment processor, are unable to verify your payment method, or if it is otherwise invalid or not acceptable, any Service purchased by you may be cancelled. You remain responsible for any uncollected amounts related to any failure to properly charge you.

5.4 Chargebacks. If you charge back any amounts paid by credit card or any other form of payment to which chargebacks apply, we will charge you an additional fee in the amount charged by the respective financial institution and may delete your Account.

5.5 Prices. Prices on the website and/or mobile apps are expressed in US Dollars (USD) unless otherwise noted. Pricing and availability may change without notice. If you have purchased a subscription and you disagree with the fee change related to such subscription, you can cancel the subscription before the next renewal date.

5.6 Additional Terms May Apply. If a product or Service sold through the Platform has additional terms and conditions, those additional terms and conditions will be provided to you prior to the sale. By ordering such product or Service, you agree to the additional terms and conditions.

5.7 Promotional Offers. At our discretion, we may make available certain Services or products at a discount or for free for a trial period (“Promotions”). We reserve the right to modify or cancel these Promotions at any time. If we reasonably determine you have violated the terms applicable to the Promotion, we may charge you the full price for the Service or product that was otherwise subject to the Promotion. At the end of any Promotion, if you have not cancelled the Service that corresponds with the Promotion, you agree that we (or our third-party payment processor) may begin charging you the full price for such Service.

5.8 Payment Processor. We use third-party payment processors to process your payments. Your payments will be subject to the terms and conditions and privacy policies of such third-party payment processors. Such terms and conditions and privacy policies Shall be made available to you before you make a purchase. We recommend that you read these terms and conditions and privacy policies before making a purchase.

5.9 Prizes. The payout for each prize shall be initiated on the first Sunday following the day in which the respective prize was won (the “Payout Initiation Date”). The following conditions apply:

5.10 Prize Eligibility. Any person who provides false or misleading information pertaining to his or her eligibility to use the Service (in accordance with Sections 1.5 and/or 1.6 of the Terms) shall forfeit his or her eligibility to receive prizes, and no prize payments will be made to any such person.

6.1 Trademarks. “Head2Head Trivia” and related words and logos are H2H's trademarks and/or tradenames in the United States. Nothing in these Terms or on the Platform shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any such marks or names or any other intellectual property right of H2H. The names of other companies, products and services referred to on this Platform may be trademarks or tradenames of their respective owners. Any unauthorized use of H2H's trademarks or tradenames, or that of third parties, is strictly prohibited.

6.2 Copyright. The materials provided on this Platform including, without limitation, all portions of the Platform, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to all such materials remains with H2H, and any unauthorized use of such materials is strictly prohibited. H2H reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under copyright law.

6.3 App License. Subject to and conditioned on your compliance with these Terms, we hereby grant you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to: (a) access and view the Platform and User Content (as defined in Section 7.1); and (b) download, install, and use the Application on your mobile device for the limited purpose of facilitating your personal use of the Platform.

7.1 User Content. Portions of the Platform allow Users to post and exchange information and content ("User Content"), such as images, text, audio and video, but we do not screen, edit or review any User Content before it is posted or transmitted. The Users retain the copyright and any other rights they already hold in their respective User Content. By submitting User Content on the Platform, you grant H2H a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable and sub-licensable (through multiple tiers) license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, publish, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person (the "User Content License"). You confirm, represent, and warrant to us that you have all the rights, power, and authority necessary to grant the User Content License and that any User Content you submit to us or otherwise post on the Platform is and shall be your own original work or work which you are authorized to supply to us. When you post any User Content on our or through the Platform, and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that posted or transmitted User Content does not necessarily reflect our views, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Platform.

7.2 Responsibility. You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using the Platform, is the sole responsibility of the person from whom it originated. You are solely responsible: (i) for all User Content that you upload, post, email, transmit or otherwise make available via the Platform or Services; and (ii) for ensuring that all User Content is accurate and lawful and does not include misleading information or infringe or violate anyone's rights. H2H does not control the User Content posted via the Platform or Services and, therefore, does not guarantee the accuracy, integrity or quality of any User Content. You therefore agree that you will not hold H2H responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted or otherwise made available via the Platform or Services.

7.3 Removal of Content. You acknowledge that we do not pre-screen, monitor or modify User Content, but that we have the right (but not the obligation) to refuse, remove, modify or delete any User Content that is available via the Platform or Services that violates these Terms, or is otherwise objectionable, in our discretion. You acknowledge and expressly consent to our accessing, preserving and disclosing your Account information and User Content if required to do so by law or if in good faith if we believe that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of us, or our affiliates, staff, users, or the public.

7.4 Ownership of Derivative Content. We own all data, information, materials, works, and content derived or created from User Content ("Derivative Content").

7.5 Third-Party Rights Warranty. You represent, warrant, and covenant to H2H that your User Content does not violate the privacy rights, intellectual property rights or any other rights of any person.

8.1 Third-Party Content. From time to time we may link to other websites or provide third-party content on the Platform solely as a convenience to you. Additionally, the Platform or content may be available through third-party providers. We do not control such third parties. When accessing the Platform through a third party, your use of the Platform may also be subject to the terms and conditions, and privacy policy, of such third party. We do not warrant, endorse, guarantee, provide any conditions, warranties, or representations, or assume any responsibility or liability for any information, content, product, or service advertised, offered, made available, or performed by any third party unless we expressly say so and we will not be a party to any transaction that you may enter into with any such third party.

10.1 Your Representations and Warranties. In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to H2H that:

11.1 DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOU USE THE PLATFORM, SERVICES, PRODUCTS, CONTENT, THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES AT YOUR OWN RISK. THE PLATFORM, SERVICES, PRODUCTS, CONTENT, THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, H2H HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE PLATFORM, SERVICES, PRODUCTS, SWEEPSTAKES, CONTENT, THIRD-PARTY CONTENT, AND THIRD-PARTY SERVICES. WITHOUT LIMITING THE FORGOING, THE PLATFORM, SERVICES, PRODUCTS, CONTENT, THIRD-PARTY CONTENT, AND THIRD-PARTY SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE PLATFORM OR SERVICES WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME

11.2 LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL H2H OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR SUBSIDIARIES (COLLECTIVELY, THE "REPRESENTATIVES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS OR ECONOMIC LOSS OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF H2H AND/OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, H2H AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANYTHING WHICH RESULTS FROM:

11.3 Liability Cap. WITHOUT LIMITING SECTION 11.2, IN NO CIRCUMSTANCE WILL H2H OR ITS REPRESENTATIVES AGGREGATE LIABILITY EXCEED ONE HUNDRED AND FIFTY UNITED STATES DOLLARS.

11.4 Security Breach. We strive to keep your personal information, User Content and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information, User Content or Account. BY USING THE PLATFORM OR THE SERVICES, OR PARTICIPATING IN A CONTEST, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE H2H AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORT COMING OF THE SERVICES. If you believe that a security breach is occurring, or will occur, you must notify us immediately.

11.5 Limitation.Notwithstanding any other provision of these Terms, if applicable law limits or prohibits the application of sections 11.1 to 11.4, then H2H and its Representatives' liability shall be limited and excluded to the maximum extent permissible.

11.6 General Indemnification.You agree to defend, indemnify, and hold harmless us and our Representatives from and against any and all claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, penalties, fees, expenses, and injuries arising or resulting from: (a) your use of the Platform; (b) your receipt of or failure to receive a Prize; (c) your participation in or ability to participate in a Contest; (d) your breach of these Terms; (e) any violation of any right of, or harm or loss of, any person caused by you; or (f) your violation of any law, regulation, order or by-law. H2H reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without our prior written consent. You will cooperate as fully as reasonably required in the defense of any indemnified claim.

11.7 User Dispute.If you have a dispute with any User, you release H2H and its Representatives from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11.8 Information. You acknowledge and agree that nothing contained in these Terms or otherwise on the Platform constitutes legal, tax, accounting, or other professional advice and should not be relied upon as such. Content regarding the laws of contests and tax law requirements provided on the Platform is provided for informational purposes only.

11.9 Reliance. You understand and agree that we are making the Platform available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, the Platform.

12.1 Arbitration. Any and all disputes, claims or controversies arising out of or relating to these Terms, the breach thereof, or any use of the Website and/or the Applications ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The place of arbitration shall be St. Louis, MO, and the number of arbitrators shall be one. This arbitration provision shall survive termination of these Terms. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of Missouri, provided that: