Experience Gaming with Confidence: Playdex Transparent Terms of Service!

Website Terms of Use

Version 1.2

Last revised on: February 14, 2022

The website located at playdex.io (the “Site”) is a copyrighted work belonging to Catalyst

Studios Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to

additional guidelines, terms, or rules, which will be posted on the Site in connection with such

features. All such additional terms, guidelines, and rules are incorporated by reference into

these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS

AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING

THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE

ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU

HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON

BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT

ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18

YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS,

DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL

BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND

ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts

1.1 Account Creation. In order to use certain features of the Site, you must register for

an account (“Account”) and provide certain information about yourself as prompted by the

account registration form. You represent and warrant that: (a) all required registration

information you submit is truthful and accurate; (b) you will maintain the accuracy of such

information. You may delete your Account at any time, for any reason, by following the

instructions on the Site. Company may suspend or terminate your Account in accordance with

Section 9.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of

your Account login information and are fully responsible for all activities that occur under your

Account. You agree to immediately notify the Company of any unauthorized use, or suspected

unauthorized use of your Account or any other breach of security. Company cannot and will not

be liable for any loss or damage arising from your failure to comply with the above

requirements.

2. Access to the Site

2.1 License. Subject to these Terms, Company grants you a non-transferable,

non-exclusive, revocable, limited license to use and access the Site solely for your own

personal, noncommercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the

following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host,

or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed

on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or

reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar

or competitive website, product, or service; and (d) except as expressly stated herein, no part of

the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or

transmitted in any form or by any means. Unless otherwise indicated, any future release,

update, or other addition to functionality of the Site shall be subject to these Terms. All

must be retained on all copies thereof.

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or

discontinue the Site (in whole or in part) with or without notice to you. You agree that the

Company will not be liable to you or to any third party for any modification, suspension, or

discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance. You acknowledge and agree that the Company will

have no obligation to provide you with any support or maintenance in connection with the Site.

2.5 Ownership. Excluding any User Content that you may provide (defined below), you

acknowledge that all the intellectual property rights, including copyrights, patents, trade marks,

and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.

Neither these Terms (nor your access to the Site) transfers to you or any third party any rights,

title or interest in or to such intellectual property rights, except for the limited access rights

expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in

these Terms. There are no implied licenses granted under these Terms.

3. Accessing the Playdex Service (“Service”)

Like much of Web3, your blockchain address functions as your identity on Playdex. Accordingly,

you will need a blockchain address and a third-party wallet to access the Service. Your account

on the Service (“Account”) will be associated with your blockchain address.

Your Account will be associated with the following:

3.1 Your linked blockchain address via a third-party wallet (Metamask, TrustWallet, etc.)

3.2 A Playdex Wallet (“Wallet”) pegged to your Account

3.1.1 By using your third-party wallet in connection with the Service, you agree

that you are using that wallet under the terms and conditions of the applicable provider

of the wallet.

Third-party wallets are not operated by, maintained by, or affiliated with Playdex,

and Playdex does not have custody or control over the contents of your third-party wallet

and has no ability to retrieve or transfer its contents.

Playdex accepts no responsibility for, or liability to you, in connection with your

use of a third-party wallet and makes no representations or warranties regarding how the

Service will operate with any specific third-party wallet. You are solely responsible for

keeping your third-party wallet secure and you should never share your wallet

credentials or seed phrase with anyone. If you discover an issue related to your

third-party wallet, please contact your third-party wallet provider.

Likewise, you are solely responsible for your Account and any associated

third-party wallet and we are not liable for any acts or omissions by you in connection

with your Account or as a result of your Account or third-party wallet being compromised.

You agree to immediately notify us if you discover or otherwise suspect any security

issues related to the Service or your Account (you can contact us here).

3.2.1 Playdex Wallet, Digital Currency and Digital Assets Title

Digital Currency and Digital AssetsTitle.

All Digital Currencies and Digital Assets like Non-Fungible Tokens (NFTs)

held in your Playdex Wallet are held by the Playdex Inc. for your benefit on a

custodial basis.

Among other things, this means:

(A) Title to Digital Currencies and Digital Assets shall at all times remain with you

and shall not transfer to Playdex Inc.. As the owner of Digital Currencies and

Digital Assets in your Playdex wallet, you shall bear all risk of loss of such Digital

Currency and/or Digital Asset.

Playdex Inc. shall have no liability for fluctuations in the fiat currency value of the

Digital Currency and Digital Assets held in your Playdex Wallet.

(B) None of the Digital Currencies and Digital Assets in your Playdex Wallet are

the property of, or shall or may be loaned to, Playdex Inc.; Playdex Inc. does not

represent or treat assets in a user’s Digital Currency Wallets as belonging to

Playdex Inc. Playdex Inc. may not grant a security interest in the Digital Currency

held in your Digital Currency Wallet. Except as required by a facially valid court

order, or except as provided herein, Playdex Inc. will not sell, transfer, loan,

hypothecate, or otherwise alienate Digital Currency and Digital Assets in your

Playdex Wallet unless instructed by you or compelled by a court of competent

jurisdiction to do so.

Wallet. At any time, subject to outages, downtime, and other applicable policies,

you may withdraw your Digital Currency and Digital Assets by sending it to a

different blockchain address controlled by you or a third party.

(D) In order to more securely hold customer Digital Currency and Digital Assets,

Playdex Inc. may use shared blockchain addresses, controlled by a member of

the Playdex Inc., to hold Digital Currencies and Digital Assets held on behalf of

customers. Customers’ Digital Currencies and Digital Assets are segregated from

the Playdex Inc. own Digital Currency or funds by way of separate ledger

accounting entries for customer and Playdex Inc. accounts. Notwithstanding the

foregoing, Playdex Inc. shall not have any obligation to use different blockchain

addresses to store Digital Currencies owned by you and Digital Currencies

owned by other customers or by the Playdex Inc.

Playdex Inc. is under no obligation to issue any replacement Digital Currency or

Digital Assets in the event that any Digital Currency, Digital Asset, password or

private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

4. User Content

4.1 User Content. “User Content” means any and all information and content that a user

submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely

responsible for your User Content. You assume all risks associated with use of your User

Content, including any reliance on its accuracy, completeness or usefulness by others, or any

disclosure of your User Content that personally identifies you or any third party. You hereby

represent and warrant that your User Content does not violate our Acceptable Use Policy

(defined in Section 4.3). You may not represent or imply to others that your User Content is in

any way provided, sponsored or endorsed by the Company. Because you alone are responsible

for your User Content, you may expose yourself to liability if, for example, your User Content

violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and

your User Content may be deleted at any time without prior notice. You are solely responsible

for creating and maintaining your own backup copies of your User Content if you desire.

4.2 License. You hereby grant (and you represent and warrant that you have the right to

grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to

reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into

other works, and otherwise use and exploit your User Content, and to grant sublicenses of the

foregoing rights, solely for the purposes of including your User Content in the Site. You hereby

irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights

or attribution with respect to your User Content.

4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any

User Content (i) that violates any third-party right, including any copyright, trademark, patent,

trade secret, moral right, privacy right, right of publicity, or any other intellectual property or

proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive

of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,

pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of

any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to

minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions

imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site

any computer viruses, worms, or any software intended to damage or alter a computer system

or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials,

junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited

messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or

assemble information or data regarding other users, including e-mail addresses, without their

consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks

connected to the Site, or violate the regulations, policies or procedures of such networks; (v)

attempt to gain unauthorized access to the Site (or to other computer systems or networks

connected to or used together with the Site), whether through password mining or any other

means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use

software or automated agents or scripts to produce multiple accounts on the Site, or to generate

automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site

(provided, however, that we conditionally grant to the operators of public search engines

revocable permission to use spiders to copy materials from the Site for the sole purpose of and

solely to the extent necessary for creating publicly available searchable indices of the materials,

but not caches or archives of such materials, subject to the parameters set forth in our robots.txt

file).

4.4 Enforcement. We reserve the right (but have no obligation) to review any User

Content, and to investigate and/or take appropriate action against you in our sole discretion if

you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create

liability for us or any other person. Such action may include removing or modifying your User

Content, terminating your Account in accordance with Section 9, and/or reporting you to law

enforcement authorities.

4.5 Feedback. If you provide Company with any feedback or suggestions regarding the

Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that

Company shall have the right to use and fully exploit such Feedback and related information in

any manner it deems appropriate. Company will treat any Feedback you provide to Company

as non-confidential and non-proprietary. You agree that you will not submit to the Company any

information or ideas that you consider to be confidential or proprietary.

5. Indemnification. You agree to indemnify and hold Company (and its officers,

employees, and agents) harmless, including costs and attorneys’ fees, from any claim or

demand made by any third party due to or arising out of (a) your use of the Site, (b) your

violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User

Content. Company reserves the right, at your expense, to assume the exclusive defense and

control of any matter for which you are required to indemnify us, and you agree to cooperate

with our defense of these claims. You agree not to settle any matter without the prior written

consent of the Company. Company will use reasonable efforts to notify you of any such claim,

action or proceeding upon becoming aware of it.

6. Third-Party Links & Ads; Other Users

6.1 Third-Party Links & Ads. The Site may contain links to third-party websites and

services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).

Such Third-Party Links & Ads are not under the control of Company, and Company is not

responsible for any Third-Party Links & Ads. Company provides access to these Third-Party

Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse,

warrant, or make any representations with respect to Third-Party Links & Ads. You use all

Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and

discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third

party’s terms and policies apply, including the third party’s privacy and data gathering practices.

You should make whatever investigation you feel necessary or appropriate before proceeding

with any transaction in connection with such Third-Party Links & Ads.

6.2 Other Users. Each Site user is solely responsible for any and all of its own User

Content. Because we do not control User Content, you acknowledge and agree that we are not

responsible for any User Content, whether provided by you or by others. We make no

guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your

interactions with other Site users are solely between you and such users. You agree that the

Company will not be responsible for any loss or damage incurred as the result of any such

interactions. If there is a dispute between you and any Site user, we are under no obligation to

become involved.

6.3 Release. You hereby release and forever discharge the Company (and our officers,

employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and

every past, present and future dispute, claim, controversy, demand, right, obligation, liability,

action and cause of action of every kind and nature (including personal injuries, death, and

property damage), that has arisen or arises directly or indirectly out of, or that relates directly or

indirectly to, the Site (including any interactions with, or act or omission of, other Site users or

any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE

CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING,

WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE

TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND

OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS

OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND

OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR

REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR

ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER

HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY

WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN

DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO

THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT

ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE

LIMITATION MAY NOT APPLY TO YOU.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR

OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS,

LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY

INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE

DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR

INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR

OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY

DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING

THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO

THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES

ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER

AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO

A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE

CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE

NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY

FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU.

9. Term and Termination. Subject to this Section, these Terms will remain in full force

and effect while you use the Site. We may suspend or terminate your rights to use the Site

(including your Account) at any time for any reason at our sole discretion, including for any use

of the Site in violation of these Terms. Upon termination of your rights under these Terms, your

Account and right to access and use the Site will terminate immediately. You understand that

any termination of your Account may involve deletion of your User Content associated with your

Account from our live databases. Company will not have any liability whatsoever to you for any

termination of your rights under these Terms, including for termination of your Account or

deletion of your User Content. Even after your rights under these Terms are terminated, the

following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and

Sections 4 through 11.

10. Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the

same. In connection with our Site, we have adopted and implemented a policy respecting

appropriate circumstances, of users of our online Site who are repeat infringers of intellectual

property rights, including copyrights. If you believe that one of our users is, through the use of

our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing

material removed, the following information in the form of a written notification (pursuant to 17

U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;

identification of the copyrighted work(s) that you claim to have been infringed;

identification of the material on our services that you claim is infringing and that you request us

to remove;

sufficient information to permit us to locate such material;

your address, telephone number, and e-mail address;

a statement that you have a good faith belief that use of the objectionable material is not

authorized by the copyright owner, its agent, or under the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that

you are either the owner of the copyright that has allegedly been infringed or that you are

authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact

(falsities) in a written notification automatically subjects the complaining party to liability for any

damages, costs and attorney’s fees incurred by us in connection with the written notification and

allegation of copyright infringement.

Attn: Copyright Agent

Email: [email protected]

11. General

11.1 Changes. We may revise these Terms from time to time. The most current version of

the Terms, which will always be at https://playdex.io/tos will govern our relationship with you. We

may try to notify you of material revisions, for example via a service notification or an email to

the email associated with your account. By continuing to access or use the Services after those

revisions become effective, you agree to be bound by the revised Terms.

11.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your

contract with the Company and affects your rights. It contains procedures for MANDATORY

BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for

injunctive or other equitable relief as set forth below) in connection with the Terms or the use of

any product or service provided by the Company that cannot be resolved informally or in small

claims court shall be resolved by binding arbitration on an individual basis under the terms of

this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held

in English. This Arbitration Agreement applies to you and the Company, and to any

subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns,

as well as all authorized or unauthorized users or beneficiaries of services or goods provided

under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek

arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”)

describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the

Company should be sent to: [email protected]. After the Notice is received, you and the

Company may attempt to resolve the claim or dispute informally. If you and the Company do

not resolve the claim or dispute within thirty (30) days after the Notice is received, either party

may begin an arbitration proceeding. The amount of any settlement offer made by any party

may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the

award, if any, to which either party is entitled.

Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that

offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall

agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all

aspects of the arbitration, including but not limited to the method of initiating and/or demanding

arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer

Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at

www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a

single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is

less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding

non-appearance-based arbitration, at the option of the party seeking relief. For claims or

disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US

$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any

hearing will be held in a location within 100 miles of your residence, unless you reside outside of

the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the

arbitrator shall give the parties reasonable notice of the date, time and place of any oral

hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of

competent jurisdiction. If the arbitrator grants you an award that is greater than the last

settlement offer that the Company made to you prior to the initiation of arbitration, the Company

will pay you the greater of the award or $2,500.00. Each party shall bear its own costs

(including attorney’s fees) and disbursements arising out of the arbitration and shall pay an

equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based

arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely

on written submissions; the specific manner shall be chosen by the party initiating the

arbitration. The arbitration shall not involve any personal appearance by the parties or

witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be

initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a

claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and

liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other

matters or joined with any other cases or parties. The arbitrator shall have the authority to grant

motions dispositive of all or part of any claim. The arbitrator shall have the authority to award

monetary damages, and to grant any non-monetary remedy or relief available to an individual

under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award

and statement of decision describing the essential findings and conclusions on which the award

is based, including the calculation of any damages awarded. The arbitrator has the same

authority to award relief on an individual basis that a judge in a court of law would have. The

award of the arbitrator is final and binding upon you and the Company.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL

AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE

OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under

this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and

less costly than rules applicable in a court and are subject to very limited review by a court. In

the event any litigation should arise between you and the Company in any state or federal court

in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY

WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a

judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN

THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED

ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN

ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR

CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to

the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties

agree to maintain confidentiality unless otherwise required by law. This paragraph shall not

prevent a party from submitting to a court of law any information necessary to enforce this

Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under the law

to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or

parts shall be of no force and effect and shall be severed and the remainder of the Agreement

shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration

Agreement may be waived by the party against whom the claim is asserted. Such waiver shall

not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your

relationship with the Company.

(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may

bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek

emergency equitable relief before a state or federal court in order to maintain the status quo

pending arbitration. A request for interim measures shall not be deemed a waiver of any other

rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of

defamation, violation of the Computer Fraud and Abuse Act, and infringement or

misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be

subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the

parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the

courts located within Singapore, for such purpose

11.3 Export. The Site may be subject to U.S. export control laws and may be subject to

export or import regulations in other countries. You agree not to export, reexport, or transfer,

directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing

such data, in violation of the United States export laws or regulations.

11.4 Disclosures. Company is located at the address in Section 11.8. If you are a

California resident, you may report complaints to the Complaint Assistance Unit of the Division

of Consumer Product of the California Department of Consumer Affairs by contacting them in

writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.5 Electronic Communications. The communications between you and Company use

electronic means, whether you use the Site or send us emails, or whether Company posts

notices on the Site or communicates with you via email. For contractual purposes, you (a)

consent to receive communications from Company in an electronic form; and (b) agree that all

terms and conditions, agreements, notices, disclosures, and other communications that

Company provides to you electronically satisfy any legal requirement that such communications

would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable

rights.

11.6 Entire Terms. These Terms constitute the entire agreement between you and us

regarding the use of the Site. Our failure to exercise or enforce any right or provision of these

Terms shall not operate as a waiver of such right or provision. The section titles in these Terms

are for convenience only and have no legal or contractual effect. The word “including” means

“including without limitation”. If any provision of these Terms is, for any reason, held to be

invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid

or unenforceable provision will be deemed modified so that it is valid and enforceable to the

maximum extent permitted by law. Your relationship to Company is that of an independent

contractor, and neither party is an agent or partner of the other. These Terms, and your rights

and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred

by you without Company’s prior written consent, and any attempted assignment, subcontract,

delegation, or transfer in violation of the foregoing will be null and void. Company may freely

assign these Terms. The terms and conditions set forth in these Terms shall be binding upon

assignees.

reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our

property or the property of other third parties. You are not permitted to use these Marks without

our prior written consent or the consent of such third party which may own the Marks.

11.8 Contact Information:

Customer Support

Email: [email protected]