Terms of Use

LAST UPDATED: April 2, 2026

IMPORTANT NOTICES:

THESE TERMS(AS OF LAST UPDATED) INCLUDE MAJOR UPDATES TO THE SECTIONS GOVERNING USER ACCOUNT,RESPONSIBLE GAMING POLICY,AND DISPUTE RESOLUTION. PLEASE CAREFULLY REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE YOU PROCEED TO ACCESS OR USE OUR SERVICES.

This website and the services it offers do not involve"real money gambling." No actual monetary payment is required to participate, and all services are provided strictly for entertainment purposes.

These Terms of Service("Terms" or"TOS") form a legally binding agreement between you("User" or"you") and Kimi Crush Limited("the Company,""we,""us," or"our").They govern your access to and use of our website, related applications, the creation and maintenance of your user account, participation in games, and all interactions or transactions conducted on our platform(collectively referred to as the"Services").

THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT AND A WAIVER OF CLASS,COLLECTIVE,AND REPRESENTATIVE ACTIONS EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 12. THIS MEANS THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND THE COMPANY-WHETHER BASED ON PAST EVENTS, CURRENTLY PENDING, OR ARISING IN THE FUTURE-MUST BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION, ON AN INDIVIDUAL BASIS,AND ONLY FOR YOUR OWN ALLEGED LOSSES OR DAMAGES.IN ARBITRATION,THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU MAY NOT FILE,JOIN,OR RECEIVE RELIEF IN ANY CLAIM AS A CLASS OR COLLECTIVE REPRESENTATIVE OR MEMBER,OR AS PART OF ANY CLASS,COLLECTIVE,OR GROUP PROCEEDING(WHETHER PROPOSED OR CERTIFIED) EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 12. YOU ALSO MAY NOT FILE OR PARTICIPATE IN ANY PRIVATE ATTORNEY GENERAL,QUI TAM,OR OTHER REPRESENTATIVE ACTION,AND YOU MAY NOT SEEK RELIEF ON BEHALF OF-OR FOR THE BENEFIT OF-ANY OTHER PERSON OR ENTITY IN ANY TYPE OF PROCEEDING. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT,EXCEPT AS THESE TERMS EXPRESSLY ALLOW, YOU ARE WAIVING THE RIGHT TO BRING CLAIMS IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR DISPUTE OR CLAIM.

YOU AGREE AND ACKNOWLEDGE THAT: BY REGISTERING FOR AN ACCOUNT WITH US(YOUR"ACCOUNT"),ACCESSING OR USING THE SERVICES IN ANY WAY,CLICKING"I ACCEPT" BELOW, DOWNLOADING ANY APPLICATION, OR REGISTERING FOR OR PARTICIPATING IN ANY COMPETITIONS, YOU:(A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND ALL OBLIGATIONS THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE IN THEIR ENTIRETY;(B) AGREE TO BE BOUND BY THE TERMS; AND(C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONTINUE TO ACCESS OR USE THE SERVICES. YOU MAY STOP ACCESSING OR USING THE SERVICES AT ANY TIME.

1. General Rule

1.1 Subject to your agreement and continuing compliance with these Terms, we grant you a personal,non-exclusive,non-transferable,non-sublicensable,revocable,limited license to access and use the Services, through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.

1.2 We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable,limited license to use the avatars available via the Services.

1.3 To be eligible to register an Account, participate in any Competition or access or use Services,and/or download Software, you must:(a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration;(b) have the power to enter into a contract with us;(c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country's laws; and(d) at all times abide by these Terms. If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without notice.

2. Modifications to Terms and Policies

2.1 Changes to the Terms. We reserve the right to revise these Terms at any time. Updated Terms will be posted on our Services including on our website. Where updates to these Terms are made,we will provide notice to you through the Services or otherwise. Your continued access or use after notice of updates constitutes acceptance of the revised Terms.

2.2 Changes to Incorporated Policies.The Privacy Policy and Responsible Gaming Policy(the"Incorporated Policies") may also be updated from time to time. You are responsible for reviewing them upon notice. Continued access or use of the Services indicates acceptance of any updates to the Incorporated Policies.

2.3 Contact for Questions.For questions regarding these Terms or Incorporated Policies,contact customer support via the"Contact Us" provided on our platform.

3.Playing Conditions

3.1 Virtual Items.The Services may feature virtual in-game items("Virtual Items"),which may be acquired either free of charge or through purchase. By accepting these Terms, we grant you a limited,personal,non-exclusive,non-transferable,non-sublicensable,and revocable license to use the Services solely for your personal entertainment. You hold no ownership rights to Virtual Items or their associated features, other than the right to use them within the scope of the Services. If you breach any provision of these Terms, we reserve the right to revoke your license We may,at our sole discretion,manage,adjust,or remove Virtual Items,and will not be held responsible for any such actions.

3.2 Transfer or Sale of Virtual Items. The transfer or sale of Virtual Items to other individuals is strictly forbidden.You may also not sell,assign,or transfer your Account to any third party.Any violation of this provision may lead to the termination of your Account, the forfeiture of all Virtua ltems,a potential permanent ban from our platform, and the possibility of legal action being taken against you.

3.3 Ownership of the Services.These Terms do not grant you any ownership interest in the Services.The Services are licensed to you, not sold. We and our respective licensors retain all rights,including all intellectual property rights in connection with the Services.You agree not to remove or modify any proprietary notices displayed within or in connection with the Services

3.4 Restrictions on Use. Unless explicitly permitted under these Terms, you shall not:

• Sell,rent,or otherwise transfer any rights related to the Services to third parties.

• Copy,modify,or create derivative works based on the Services.

• Reproduce the Services in any format.

• Make commercial or unauthorized use of the Services.

• Disassemble, decompile, or reverse engineer the source code of the Services(except where required by applicable law).

• Make the Services accessible to multiple users via file-sharing or comparable methods.

• Misrepresent the origin or ownership of the Services

• Scrape content from the Services or create databases using such content.

• Use the Services to harass others or violate their legal rights

4. Eligibility

4.1 Age Restriction. In order to qualify for access to and use of the Services, you must be at least 18 years of age,or the legal age of majority in your place of residence,and are,under the laws applicable to you, legally allowed to participate in the Games offered via the Services

4.2 Prohibited Jurisdictions.You acknowledge that various rules,regulations,and laws addressing sweepstakes, contests,and tournaments with entry fees and/or prizes govern your participation in Competitions("Gaming Laws"),and that Gaming Laws are set up by each individual US state country,territory,or jurisdiction.Therefore,the Services DO NOT permit Cash Competitions to be offered to users participating in Competitions in any state in which such Competition violates its Gaming Laws("Prohibited Jurisdiction"),and if you are located in any Prohibited Jurisdiction,then you may not participate in Cash Competitions.

We offer our games and services only in the United States,Australia,Germany,the United Kingdom, or Canada. Prohibited Jurisdictions include:

• US:Arizona,Arkansas,Iowa,Louisiana,Maryland,South Carolina,Vermont,Connecticut,Florida,Michigan,South Dakota,Tennessee,Utah,Virginia,and Washington.

• UK: Northern Ireland

• AU: Queensland

• CA:Quebec.

It is your responsibility to determine whether the state, country, territory, or jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our developer partners, we reserve the right(but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.

4.3 Entertainment Use Only. You participate in the Games strictly in your personal capacity for recreational and entertainment purposes only. You may not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Services or Content provided to you by us

4.4 Honest Representation. You must submit accurate and honest information when using the Services.You must refrain from using any unauthorized software while participating in games on our platform. You participate in the Games on your own behalf and not on the behalf of any other person. All information that you provide to us during the term of validity of these Terms is true,complete,and correct,and you will immediately notify us of any change to such information.

You will not be involved in any fraudulent, collusive, fixing, or other unlawful activity in relation to your or third parties' participation in any of the Games, and you will not use any software-assisted methods or techniques(including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. Failure to comply with these eligibility requirements may result in the suspension or termination of your Account.

We are not responsible for any abuse or misuse of your Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.

If you become aware of, or reasonably suspect that security in your Account has been compromised,including loss,theft, or unauthorized disclosure of your password and Account details, you must notify us immediately.

5. User Account

5.1 Account Registration and Maintenance.You are allowed to have only one Account, including any lnactive Account on the Platform. You are solely responsible for keeping your Account information accurate and secure. Sharing or transferring your account or password is not permitted under any circumstances. If you attempt to open more than one Account, all accounts you have opened or try to open may be suspended or closed.

5.2 Account Inactivity. We reserve the right to close any Account that has been inactive for 60 days or longer.

5.3 Account Termination and Closure. You may submit a request to close your Account at any time.Once closed, your Account access will be disabled. You may also choose to self-exclude from the platform for a set period or permanently, in accordance with these Terms. During your self-exclusion period, you will not be allowed to access the platform or register new accounts. Any attempt to bypass self-exclusion measures may result in permanent account suspension. We reserve the right to block or terminate duplicate accounts linked to the same person.

Requests for account deletion will be processed as account closure requests. We may retain certain data as required under applicable laws, including but not limited to obligations related to anti-money laundering, fraud prevention, and regulatory compliance. Permanent self-exclusion cannot be reversed under any circumstances. If you request account closure under the Responsible Gaming Policy, or if we determine that closure is appropriate, we reserve the right to permanently delete your Customer Account. Upon the closure or deletion of your Customer Account, only the remaining balance of any"Withdrawable Cash," where applicable, may be requested to withdraw.

For any matters not explicitly covered above, the Company reserves the right, at its sole discretion and to the maximum extent allowed by law,to decide how remaining balances, Virtual ltems,or other assets associated with your account will be handled following suspension,closure,or termination.This may include,but is not limited to,retaining,forfeiting,converting,or otherwise disposing of such balances or items, in compliance with relevant laws and regulations.

5.4 Discontinuance of Services. In the event the Company discontinues the Services, it will promptly notify you through the Services or by other reasonable means. Upon the effective date of termination, user account data and any remaining balances will be retained for a period of thirty(30) days. During this period, you may submit a request to withdraw any applicable Withdrawable Cash(as defined below). If no such request is made within the thirty(30)-day period, you will be deemed to have waived any rights to such data and balances

6. Winnings, Account Funds, And Payments

6.1 Fees: Fees and payments for Services that you pay to participate in Competitions("Fees") and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees.All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable.You are fully responsible and liable for all charges, deposits, and withdrawals made under your Account, including any unauthorized charges, deposits, or withdrawals.The price of Services may change at any time, but no price change will affect your past purchases.

6.2 Billing: As an agent for our developer partners, we may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method you(i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;(ii) authorize us, as agent for our developer partners, to charge you for the Services using your payment method; and(iii) authorize us, as agent for our developer partners, to charge you for any paid feature of the Services that you choose to sign up for. As agent for our developer partners, we may bill you(a) in advance;(b)at the time of purchase; or(c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, neither we nor our developer partners(i) will be liable for any losses resulting from the error and(ii) will be required to correct the error or provide a refund. If we or our developer partners identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we, as agent for our developer partners,incur to collect any past-due amounts, including without limitation reasonable attorneys fees and other legal fees and costs.

6.3 Cash Deposits: If you play games integrated in a Competition without depositing U.S. Dollars into your Account for that Competition, then you are a"Non-Cash Player" with respect to such Competition. However, if you play in a Competition that requires an entry paid in U.S. Dollars("Cash Competition"), then you are a"Cash Player," and if you establish a positive Account balance for entry fees for Cash Competitions, then you must submit and maintain at all times the following current and correct information: your full name, your permanent residential address,your phone number, and your credit card or other payment information. Participating in Cash Competitions may require establishing a positive Account balance in any amount we or our developer partners determine.If you are a Cash Player, by submitting this information,you consent to allowing us and our developer partners to share your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy

6.4 Bonus: If you are a Cash Player, then you may be granted bonus("Bonus"). Bonus can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Services. When you win a Cash Competition, you will win"Withdrawable Cash," which may be requested to withdraw from your Account. If you do not enter a Cash Competition within a continuous 60-day time period, all Bonus in your Account will be forfeited.

6.5 Withdrawable Cash: If you are a Cash Player and have won in a Cash Competition,you may request a withdrawal of"Withdrawable Cash" from your available Account balance at any time.Cash Deposits and Bonus cannot be withdrawn. We maintain the discretion to freeze your Account and/or delay a request for withdrawal pending completion of any investigation of reported or suspected Abuse, verification of eligibility, or to comply with applicable laws.

7.Responsible Gaming Policy

7.1 Responsible Play Guidelines.To promote responsible gaming, we encourage you to follow these principles:

• View gaming as a form of entertainment and engage with it responsibly

• Keep control over how much time you spend playing and any transactions involving in-game Virtual Items.

• Do not use gaming to escape personal or real-life difficulties.

• Maintain a healthy balance between gaming and other real-world activities, duties, and commitments.

• Do not let gaming disrupt your work,family responsibilities, or other important obligations.

• Avoid playing while under the influence of alcohol or illegal substances.

• Stop playing if you feel uncomfortable or believe you are losing control over your gaming habits.

Managing your gameplay helps ensure gaming remains a positive and enjoyable experience.

7.2 Player Self-Control Tools.To support responsible gaming, we offer tools to help you manage your activity, including the ability to set personal daily spending limits for Virtual Items

You may also contact our customer support team to request additional responsible gaming measures, such as:

• Temporary account suspension;

• Self-exclusion for a defined period;

• Permanent account closure.

During any self-exclusion period, you will not be able to access your account or take part in gameplay.These tools are intended to help you control your gaming behavior and encourage responsible use of the Services.

7.3 Resources For You or Someone You Know Is Struggling. If you are concerned about your own gaming habits or those of someone else, you may use the following resources and steps for support:

• Professional Assistance: Consider speaking with a qualified medical or mental health professional for guidance related to gaming behavior.

• Educate Yourself:Learning more about responsible gaming practices and behavioral disorders can help you recognize potential risks and warning signs

• Community Support: Support organizations may offer guidance and peer assistance.For instance, Gaming Addicts Anonymous provides community support and resources,available at:https://www.dictsan mous.org

7.4 Process of Self-Exclusion. You may voluntarily request self-exclusion from the Services at any time by contacting us at [email protected] process your request, you must provide your full name,residential address, and registered email address so we may verify your identity and restrict access to your account. Once your request is verified, your account will be blocked from accessing the Services for a minimum self-exclusion period of three(3) months.Your account will not be reopened during this period under any circumstances. After the minimum period ends, you may submit a written request by email to reactivate your account. Any request to restore a self-excluded account will be subject to a seven(7) day cooling-off period starting from the date we receive your request.

Once we verify your request and identity, we will take reasonable steps to restrict access to your user account and prevent further gaming activity. While we implement appropriate security measures to enforce self-exclusion, no system can be guaranteed fully effective in all situations.

We therefore rely on your cooperation and commitment to abide by the self-exclusion terms

During a self-exclusion period, your Account access will be restricted, including suspension of daily logins, login rewards, and other related account activities. After receiving your self-exclusion request, we will review and process it within a reasonable timeframe once your identity and details are confirmed. You will receive a confirmation email once your request is finalized. We strongly advise you to log out of your Account immediately after submitting your request and avoid accessing our Services or related social media channels until the self-exclusion process is complete.

Please note that if you continue using your Account after submitting a self-exclusion request but before it is fully processed, you will remain responsible for all activity during that time, including purchases of Virtual Items.

8. Verification

8.1 Verification Checks.We may carry out necessary verification procedures, which may include credit background checks. You are required to cooperate fully and promptly with these verification processes.

8.2 Restriction on User Account. We reserve the right to place restrictions on your Account until verification checks have been completed to our satisfaction.

8.3 Required Documents.For verification purposes, we may ask you to provide various documents,including but not limited to identification, utility bills,and proof of financial means

8.4 Failure to Provide Documents.If you do not submit the requested documentation for verification within 40 days, we reserve the right to suspend or restrict access to your Account

8.5 Third-Party Service Providers and Location Services.We may engage third-party service providers to support our verification processes. In certain instances, we may also require you to activate location services on your device.

9. Intellectual Property

9.1 Ownership of Intellectual Property. All intellectual property rights associated with the Services are owned by us or our authorized licensors.

9.2 No Ownership Rights in Games. Your use of the Services does not confer any ownership rights over related intellectual property.Game code, visual and functional design, gameplay concepts,and similar elements remain our exclusive property.

9.3 Ownership of User Accounts.You hold no ownership or proprietary interest in your Account.All rights pertaining to your Account are retained by us.

10. Third-Party Services

10.1 Third-Party Links and Charges.The Services may include links to third-party content.You are solely responsible for any fees or obligations incurred through your use of such third-party services. We assume no responsibility for the content or offerings of these external providers.

10.2 No Endorsement.The inclusion of links to third-party websites does not constitute our endorsement or approval of those sites. We make no warranties regarding the quality, accuracy,or reliability of third-party content.

10.3 Responsibility for Third-Party Websites. We do not control, and are not liable for,the operation, content, or privacy policies of third-party websites. You are responsible for reviewing their terms of service and privacy policies before using their platforms.

10.4 No Liability for Third-Party Products and Services. We shall not be held liable for any damages or losses resulting from third-party products or services. Any issues or claims related to such products or services are the sole responsibility of the relevant third party.

11. Disruptions and Errors

11.1 General Disclaimer.The Services are provided on an"as-is" and"as-available" basis. We provide no warranties that the Services will operate without interruption, that errors will be corrected, or that the platform is free from viruses or other harmful components.

11.2 Exceptions. Certain jurisdictions may not permit the exclusion of certain warranties. In such cases, our warranties and liability shall be limited only to the fullest extent permitted by applicable law.

11.3 Service Interruptions. We shall not be held liable for any service disruptions or errors that may occur.

11.4 Damages and Losses. We accept no responsibility for any damages or losses you may incur in connection with your use of the Services.

11.5 System Malfunction. In the event of a system failure or malfunction, all related gameplay activity shall be deemed null and void.

11.6 Game Errors. If a technical error occurs during a game, all gameplay associated with that error shall be invalidated.

11.7 Suspension of Service.We may temporarily suspend the Services for any reason. Where reasonably possible, we will provide you with prior notice of such suspension.

11.8 Void Participation. We reserve the right to declare your participation in any game invalid if errors,irregularities,or other problematic circumstances arise.

11.9 Discrepancy Resolution.In the event of a dispute or inconsistency regarding game results,we will determine the final and official outcome.

12. Dispute Resolution(Including Governing Law, Venue, Arbitration Agreement, Class Action Waiver and Jury Trial Waiver)

12.1 Governing Law and Venue.Except with respect to the Federal Arbitration Act(and federal substantive and procedural arbitration law),which shall govern the Arbitration Agreement, these Terms shall be governed by and interpreted under the laws of the State of Nevada, United States,without regard to Nevada's conflict of laws rules. Unless you and the Company agree otherwise,to the fullest extent permitted by applicable law, the state and federal courts that encompass Clark County,Nevada,United States,shall have exclusive jurisdiction over any disputes and claims(except for claims brought in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the arbitration agreement or any provision of this Section 12("Dispute Resolution") or the Terms more broadly. You and we consent to the exclusive jurisdiction of these courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to(1) inconvenient forum or(2) any other basis or any right to seek to transfer or change venue of any such action to another court

12.2 Mandatory Informal Dispute Resolution. If a Dispute(defined below) arises between you and us, you and we agree to participate in this mandatory informal dispute resolution process before you or we may initiate arbitration. The party asserting the Dispute must provide the other party with a notice("Notice") that includes all of the following information;(1) information sufficient to identify any account, game, and transaction at issue;(2) a detailed description of the nature and basis of the Dispute;(3) the specific relief sought, including a good faith calculation for it; and(4)the party's contact information(including name,address,email address,and telephone number).The Notice must be personally signed by the party asserting the Dispute(and their counsel, if represented). If you have a Dispute with us, you must send the Notice to us at have a- Dispute with you, we must send the Notice to you at the most recent contact information we have on file for you. For a period of 60 days from the date of receipt of a Notice, the parties(and their counsel, if represented) agree to work together in good faith in an effort to informally resolve the Dispute. Compliance with this process is a condition precedent to initiating arbitration.Any applicable limitations periods(including statutes of limitations) shall be tolled from the date of receipt of.a Notice through completion of this process or the abandonment of the Dispute.. If the sufficiency of a Notice or the completion of this process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, including to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits a party's ability to seek relief in connection with non-compliance in arbitration.

12.3 Mandatory Arbitration Agreement.Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between you and the Company(to the fullest extent permitted by the Federal Arbitration Act)("Dispute") shall be resolved exclusively through binding arbitration administered by JAMS, in accordance with its then-effective Streamlined Arbitration Rules and any applicable Mass Arbitration Procedures and Guidelines(together"JAMS Rules") as modified by these Terms.The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures.Dispute shall be interpreted broadly and include:(1)any dispute or claim that arose before the existence of these Terms or any prior terms;(2) any dispute or claim that is presently the subject of purported class action litigation in which you are not a member of a certified class and(3) any dispute or claim that might arise after termination of these Terms. Notwithstanding the foregoing:(1) either you or the Company may elect to have a Dispute heard in small claims court provided that it is brought and maintained as an individual claim in that court and is not removed or appealed to a court of general jurisdiction;(2) you agree that you or we may bring suit in a court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights(patents, trademarks, copyrights and trade secrets);and(3) individual claims for personal and bodily injury or death shall not be subject to arbitration.Whether a Dispute falls within the jurisdictional limits of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide The arbitrator shall decide all issues except for issues that are specifically reserved for a court in these Terms. An arbitration demand must be personally signed by the party initiating arbitration(and their counsel, if represented). The arbitration demand must be accompanied by a certification by the party initiating arbitration(and their counsel, if represented) that they have complied with the Mandatory Informal Dispute Resolution process. By submitting an arbitration demand,the party(and their counsel,if represented) represent that,as in federal court,they are complying with the requirements of Federal Rule of Civil Procedure 11(b).The arbitrator(and any Process Administrator) is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. An arbitrator(and any Process Administrator) shall be appointed through a strike-and-rank process unless the parties agree otherwise. An in-person or video hearing shall be held where any Dispute is seeking$25,000 or more or injunctive relief. For Disputes seeking less than$25,000 and no injunctive relief, either party may request a hearing from the arbitrator and such a hearing may or may not be ordered.Any in-person hearing shall take place in the county or parish in which you reside or at another reasonably convenient location for you as determined by the arbitrator. You and a Company representative must personally appear at any hearing(with counsel, if represented). An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive and declaratory relief only in favor of the individual seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Except as otherwise provided herein,to the fullest extent permitted by applicable law, you and we agree that each may only bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. Further, unless you and we agree otherwise and except as otherwise expressly provided herein, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any type of class, collective,private attorney general, or representative proceeding. An arbitrator must enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief(such as a request for public injunctive relief), then such a claim or request for public injunctive relief shall be decided in a court of competent jurisdiction after all other claims and requests for relief are arbitrated. Dispositive motions are permitted in arbitration. The arbitrator shall issue a reasoned written decision sufficient to explain their essential findings and conclusions.The arbitrator shall apply the cost shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. Payment of arbitration fees will be governed by the JAMS Rules and fee schedule You and we agree that these additional procedures for mass arbitration, which increase efficiency of resolution, shall also apply if you choose to participate in a"Mass Arbitration."similar Disputes(including yours) are asserted against the Company by the same or coordinated counsel or are otherwise coordinated("Mass Arbitration");(1) the parties(and their counsel)agree to cooperate to organize the arbitration demands into randomized groups of no more than 100 demands(and, to the extent there are fewer than 100 demands remaining after making the assignments, a final group comprised of the remaining demands);(2) claimants' counsel shall organize and present the grouped demands to JAMS in a format as directed by the arbitration provider;(3) JAMS shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group through a strike-and-rank process, and subject to any applicable disclosure and disqualification procedures available under applicable law;(4) JAMS shall set up one case management conference per group;(5) the arbitrator shall resolve all arbitrations within a group on an individual basis; and(6) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration. JAMS shall proceed with administering the groups efficiently and at a pace that is feasible for JAMS. You agree that you(and your counsel)will cooperate in good faith with the Company and JAMS to implemented this grouped approach to administration and fees.Notwithstanding any provision to the contrary, grouped arbitrations shall have hearings that take place in person, or if the parties agree, by video conference.The parties may also agree to conduct arbitrations based on written submissions alone. In any Mass Arbitration, a Process Administrator shall be selected through a strike-and-rank process to address threshold administrative issues consistent with the JAMS Rules. The parties agree that their counsel shall work together throughout this process to increase efficiencies, modify the number of arbitrations to proceed as part of any group, to submit issues to the Process Administrators as needed to ensure that arbitration remains efficient and cost-effective for all parties.You and we agree that this grouped process for Mass Arbitration is an essential part of this arbitration agreement. If a court of competent jurisdiction determines that this process applies to your Dispute and is unenforceable(and all appeals have been exhausted or the decision is otherwise final), then the parties shall submit to a Process Administrator to determine a fair,sensible, cost-effective and streamlined process for the staged administration of Disputes. If we make any future changes to this arbitration agreement(other than a change to our information),you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the notice of the change:[INSERT] with a clear statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with this version of the arbitration agreement.

12.4 Waiver of Class Action Rights and Jury Trial Waiver. To the fullest extent permitted by applicable law and except as specifically provided in Section 12.3, you and the Company each agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis,and not in a class,collective,private attorney general,or representative action.You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, you and the Company retain the right to participate in a class-wide settlement. To the fullest extent permitted by applicable law, you and the Company waive any right to a trial by jury.

13. Indemnity and Limitation of Liability

13.1 General Limitation.To the fullest extent permitted by law, we and our affiliated entities shall not be liable for any damages resulting from your use of the Services or the conduct of third parties.

13.2 Jurisdictional Exceptions. Certain jurisdictions may not allow certain limitations on liability. In such cases, our liability shall be limited in compliance with the applicable laws of that jurisdiction

13.3 Maximum Liability. Our total aggregate liability to you shall be limited to the total amount you have paid to us within the 180-day period immediately preceding the claim.To the fullest extent permitted by law, notice of any claim must be provided to the other party within 12 months of its accrual or it is forever waived and time barred.

13.4 Technology-related Damages.We shall not be liable for any damages caused by computer-related issues arising from your use of the Services.

13.5 Third-party Damages. We accept no liability for any damages caused by third-party content or services.

13.6 Waiver of Liability for Third Parties. You waive any claims against us for damages resulting from third-party actions related to your use of the Services.

13.7 Indemnity.You agree to indemnify,defend,and hold us harmless from any third-party claims arising from your use of the Services or your breach of these Terms.

13.8 Exceptions for Negligence or Willful Misconduct. We shall remain liable for death or personal injury caused by our negligence or intentional misconduct

14. Miscellaneous

14.1 Entire Agreement.These Terms constitute the complete and final agreement between you and us regarding your access and use of the Services.

14.2 Force Majeure. We shall not be responsible for any delays or failures to perform our obligations due to events beyond our reasonable control, including acts of nature, natural disasters, or governmental actions.

14.3 Severability. If any provision of these Terms is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.

14.4 Assignment.You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

14.5 Business Transfers.In the event of a merger, acquisition, or other corporate transaction, your account may be transferred as part of such business transfer.

14.6 Waiver. Our failure to enforce any provision of these Terms shall not be interpreted as a waiver of our right to enforce that provision or any other provision at a later time.

14.7 Survival. Several provisions in these Terms shall survive termination, including but not limited to: Sections 9,12,13,and 14.

14.8 Contact Us.For any questions, concerns, or support requests, please contact us at [email protected].