END-USER LICENSE AGREEMENT

Last Updated: February 18, 2024

Previous Update: April 12, 2017

TERMS OF USE

BY USING THE TREADSTONE 71 CYBER INTEL TRAINING CENTER TRAINING PLATFORM, ATTENDING TREADSTONE 71 IN-PERSON TRAINING, OR LEARNING FROM TREADSTONE 71 CONTENT ON ANY WEBSITE, LEARNING MANAGEMENT SOLUTION SUCH AS THE TREADSTONE 71 OWNED ANDCREATED CONTENT AT UTICA COLLEGE, NOW UTICA UNIVERSITY COURSES CYB610 AND CYB615, I.E., THE "PLATFORM, " YOU ACCEPT THESE TERMS OF USE ("TERMS"). IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE PLATFORM. CONTINUED USE OF THE PLATFORM SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM. THESE TERMS FORM A BINDING LEGAL CONTRACT BETWEEN TREADSTONE 71, LLC. ("T71" or "WE"), AND YOU. PERSONS WHO RESIDE IN THE PEOPLE'S REPUBLIC OF CHINA, BURMA, CUBA, IRAN, LIBYA, MALAYSIA, NORTH KOREA, SUDAN, OR ANY OTHER COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW ("PROHIBITED COUNTRIES") MAY NOT DOWNLOAD OR USE THE PLATFORM.

In addition to these Terms, the T71 privacy notice, found at https://www.cyberinteltrainingcenter.com/p/privacy (the "Privacy Policy"), will govern how personal information you submit on this Platform will be used, and together they form the agreement between you and T71 (the "Agreement"). THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT T71'S LIABILITY TO YOU.

Age Restriction

Only individuals eighteen (18) years or older may use the Platform.

END-USER LICENSE

Subject to these Terms, T71 grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Platform for personal use or internal uses by your employer at the time you were granted access to the Platform only ("User License"). The User License is hereby incorporated into these Terms. Any use of the Platform in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Platform or text, pictures, video, data, hyperlinks, displays, templates, tools, process flows, methods, techniques, procedures, and other content associated with the Platform is prohibited. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform (or any content in the Platform to include in-person training), any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing the use of any open-sourced components included with the Platform). You may be subject to prosecution and damages if you breach any of these restrictions. These Terms and User License also govern any updates to or supplements or replacements for this Platform unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

The User License is effective until terminated by you or T71, with or without written notice. Your rights under the User License will terminate automatically without notice from T71 if you fail to comply with any Terms or terms of the User License. Upon termination of the license, you shall cease all use of the Platform and destroy all copies, full or partial, of the Platform or Content.

ACCOUNTS

You may be asked to register an account for certain aspects of the Platform. If you agree to register an account, you will select and receive a username and password upon providing registration information and completing the registration process. This account is personal, and you will not share it or allow any other person to utilize it. You may never use another's account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities under your username and password. You agree to notify T71 in the event your registration information changes immediately, or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during registration. T71 may refuse to grant a particular username to you for any reason.

T71 reserves the right to deny or revoke access to this Platform, or any part thereof, or to terminate a user's access to its Platform at any time in its sole discretion, with or without cause and without notice to you.

User Information

Various Platform features may use, maintain, or transmit personal information, including, without limitation, your name, password, and email address (collectively "User Information").

By using the Platform, you consent to the transmission of User Information to T71, including its agents and third-party partners, and consent to T71, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Platform functionality and the purposes disclosed in our Privacy Policy. Our Privacy Policy is viewable within the Platform and at https://www.cyberinteltrainingcenter.com/p/privacy.

You further agree that T71, its service providers, and/or others involved in creating or providing the Platform may collect and use technical data and related information—including, but not limited to, technical information about your device, system, and Platform software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform.

Subscription Terms

Taxes are recalculated when you change the physical mailing address for your Treadstone 71 Training Platform account, provided such change is received more than three business days before the reoccurring subscription charge payment due date. Where changes of address are received less than three business days after the reoccurring subscription charge payment due date, the tax rate associated with the new mailing address will be reflected in the next billing cycle.

External Services and Third-Party Materials

The Platform may enable access to third-party services and websites outside the Platform (collectively and individually, "External Services"). External Services include but are not limited to, LinkedIn and other social media platforms. Use of the External Services may require you to accept additional terms. Certain External Services may display, include, or make available content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to certain third-party websites. By using the External Services, you acknowledge and agree that neither T71 nor its agents or those involved in creating or providing the Platform are responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or web sites. Neither T71, nor its agents or those involved in creating or providing the Platform, warrant or endorse, and do not assume and will not have any liability or responsibility to you or any other person for any External Services, Third Party Materials, or websites, or for any other materials, products, or services of third parties. Third-party materials and links to other websites are provided solely as a convenience to you. You agree to use the External Services at your sole risk, and neither T71, its agents, nor those involved in creating or providing the Platform shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. T71 reserves the right to change, suspend, remove, or disable access to any External Services without notice. In no event will T71 be liable for removing or disabling access to any such External Services. T71 may also limit the use of or access to certain External Services, in any case, without notice or liability to you.

Prohibited Uses

Use of the Platform is limited to the contemplated functionality. The Platform shall not be used in any way that does any of the following:

Harass, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, but not limited to, trademark, copyright, rights of publicity, or other proprietary rights).

It is unlawful, fraudulent, or deceptive.

Uses technology or other means to access unauthorized content or non-public spaces, including, but not limited to, the use of "bots," "spiders," or "crawlers."

Attempts to (a) introduce viruses or any other harmful computer code, files, or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (b) damage, disable, overburden, or impair the T71 servers or networks, or (c) gain unauthorized access to the T71 computer network(s) or user account(s).

Encourages conduct that would constitute a criminal offense or give rise to civil liability.

Violates these Terms in any manner.

Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively "Acceptable Use").

T71 reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action concerning Content or use of the Platform that T71 reasonably believes is or might be in violation of these Terms or applicable law. However, failure or delay in taking such actions does not constitute a waiver of T71's rights to enforce these Terms.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, sanctions, or software banning, or the U.S. Government has designated that as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

User-Generated Content

You may generate written or otherwise content using the Platform ("User-Generated Content"). You hereby (a) acknowledge and agree that you and you alone are responsible for your own User-Generated Content, and (b) grant to T71 and its successors a worldwide, irrevocable, transferrable, sublicensable, fully-paid, royalty-free, non-exclusive license to reproduce, display, modify, delete from, add to, adapt, publish, prepare derivative works from, and otherwise use your User-Generated Content in any way, including, but not limited to, in advertising and product marketing campaigns; and that concerning T71's use of User-Generated Content, to the extent allowable under applicable law, you waive in favor of T71, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that you may now or later have to the User-Generated Content.

Feedback and Submissions

If you submit comments, ideas, or feedback to us through the Platform or otherwise, you agree that we can use them without any restriction or compensation. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by T71, or obtained from sources other than you.

Indemnification

To the fullest extent allowable under applicable law, you agree to indemnify and hold harmless T71, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Platform, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the Platform, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. T71 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

NON-COMMERCIAL VERSION LICENSE

To qualify for a Non-Commercial Version License, You must:

(1) use the Platform for non-commercial purposes as defined herein. The term "Non-Commercial Version License" is limited to using the concepts, methods, processes, procedures, and plans for internal organizational use. Entities are not allowed to teach this course or any semblance of this course without express permission from Treadstone 71 LLC. Organizations cannot deliver commercial services based upon this course that compete directly or indirectly with Treadtone 71 LLC.

If You do not qualify for a Non-Commercial Version License, you must discontinue the Platform.

GRANT OF LICENSE

Provided that you qualify for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, T71 hereby grants You, an end user, a personal, non-transferable, non-exclusive, non-sublicensable license to install and use the Platform, free of charge, for non-commercial purposes only. In addition, subject to the terms and conditions contained herein and provided that You meet the requirement specified above for a Non-Commercial Version License, T71 hereby grants to You, an end user, a non-transferable, non-exclusive, non-sublicensable license, free of charge, to (1) use the Platform for the intent of building or expanding a cyber intelligence program within your organization. For the avoidance of doubt, the following are considered examples of commercial uses of the Platform:

(1) use for financial gain, personal or otherwise;

(2) use by government agencies without recompense to T71;

(3) use by a telecommunication or Internet service

1. provider company with recompense to T71;

(4) use in connection with administering a commercial website;

(5) use in connection with the provision of professional service for which you or your company or organization are compensated (including paid administration);

(6) bundling or integrating the Platform with any other product, service, or Platform product for commercial use.

(7) teaching this course in a seminar, online, commercial, or academic setting.

T71 and/or its licensors reserve all rights not expressly granted to You herein. This license is not a sale or a copy of the Platform. The Platform contains valuable trade secrets of T71 and its licensors. All worldwide ownership of and all rights, titles, and interests in and to the Platform, and all copies and portions of the Platform, including, without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with T71. The Platform is protected, among other ways, by the United States copyright laws and international copyright treaties. T71 and its licensors retain all rights not expressly granted herein.

USE RESTRICTIONS

You may not:

(i) use the Platform except under the terms listed above.

(ii) create derivative works based on the Platform (e.g., incorporating the Platform in a commercial product or service without a proper license).

(iii) copy the Platform.

(iv) rent, lease, sublicense, convey, distribute, or otherwise transfer rights to the Platform.

(v) remove any product identification, copyright, proprietary notices, or labels from the Platform or

(vii) use any T71 trademarks in any manner other than their presence within your copy of the Platform without written permission from T71.

Restricted Use and Confidentiality

Prohibition on the Use of Screenshot Software and Copying of Content: The user agrees not to use any form of screenshot software, screen capture, or any other digital or physical means to copy, record, or capture the training videos, documents, or any other proprietary content provided on the Platform. Unauthorized reproduction, distribution, or transmission of the content by any means, including but not limited to digital copying or printing, is expressly forbidden.

Prohibition on Sharing with Adversaries and Unauthorized Entities: The user agrees not to provide, share, distribute, or otherwise make available any information, data, materials, or knowledge gained from the Platform to any individuals, entities, or countries that are adversaries of the United States, as determined by the United States government, including but is not limited to, countries, organizations, or individuals subject to U.S. government embargoes, sanctions, bannings, or designated as "terrorist supporting" by the U.S. government.

Prohibition on Sharing with Specific Organizations and Competitors: The user agrees not to share, disclose, or otherwise make available any information, data, materials, or insights gained from the Platform with the SANS Institute, EC-Council, or any other educational, certification, or training organizations that could be considered as direct or indirect competitors of Treadstone 71. This prohibition extends to any entity or individual employed by, contracted with, or otherwise associated with any competitors of Treadstone 71.

Confidentiality of Payment Information: The user agrees to maintain the confidentiality of their payment transactions and details with Treadstone 71 and not to disclose or indicate any payment-related information to any competitors of Treadstone 71 or any other unauthorized entities or individuals.

Reporting Obligations: The user must promptly report any requests or attempts by unauthorized entities, including competitors and adversarial governments, to gain access to the information or materials provided by Treadstone 71 through the Platform.

Enforcement and Penalties: Violating these provisions may result in immediate termination of the User License, legal action against the user for breach of contract, and potential civil and criminal penalties under applicable laws. Treadstone 71 reserves the right to pursue all available remedies to protect its intellectual property, proprietary information, and the integrity of the Platform.

Acknowledgment: By continuing to use the Platform, the user acknowledges they have read, understand, and agree to comply with these restrictions and obligations as part of the broader terms of use governing their access to and use of Treadstone 71's services.

Any copies you make as permitted hereunder must contain all of the original Platform's copyright, trademark, and other proprietary notices and marks.

MAINTENANCE, SUPPORT AND UPDATES

T71 is under no obligation to maintain support or update the Platform in any way or to provide updates or error corrections

CONFIDENTIALITY

The Platform and any license authorization codes are the confidential and proprietary information of T71. You agree to take adequate steps to protect the Platform and any license authorization codes, if any, from unauthorized disclosure or use. You agree that You will not disclose the Platform, in any form, to any third party except as otherwise provided herein.

TERMINATION

This Agreement will terminate immediately and automatically without notice if You breach any provision in this Agreement. Upon termination, You will remove all copies of the Platform or any part of the Platform from any computer storage devices and destroy the Platform. At T71's request, You or your authorized signatory will certify in writing to T71 that all complete and partial copies of the Platform have been destroyed and that none remain in your possession or under your control. The provisions of this Agreement, except for the license grant and warranty, will survive termination.

No Warranties

T71 PROVIDES THE PLATFORM AND CONTENT "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. YOU USE THE PLATFORM AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, T71 DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE PLATFORM IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE PLATFORM BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT INFORMATION TRANSMITTED IN CONNECTION WITH THE PLATFORM WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL T71 OR ITS AGENTS, AFFILIATED COMPANIES, EMPLOYEES, CONTRACTORS, DIRECTORS, AND OFFICERS, AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS PLATFORM OR CONTENT (A) BE LIABLE CONCERNING USE OF THE PLATFORM; AND/OR (B) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE PLATFORM. T71, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS PLATFORM OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

FOR USERS OF THE PLATFORM WHO RESIDE WITHIN THE EUROPEAN UNION, THE AFOREMENTIONED DOES NOT APPLY TO CLAIMS FOR DAMAGES BASED ON THE INJURY OF LIFE, BODY, OR HEALTH OR CLAIMS BASED ON THE BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS (CARDINAL DUTIES) AS WELL AS CLAIMS FOR OTHER DAMAGES BASED ON A WILLFUL OR GROSSLY NEGLIGENT BREACH OF DUTIES BY T71, ITS LEGAL REPRESENTATIVES OR AUXILIARY PERSONS. ESSENTIAL CONTRACTUAL OBLIGATIONS ARE NECESSARY FOR ACHIEVING THE OBJECTIVES OF THE CONTRACT. IF T71 BREACHES ESSENTIAL CONTRACTUAL OBLIGATIONS, VIS-À-VIS USERS OF THE PLATFORM WHO RESIDE WITHIN THE EUROPEAN UNION, T71 WILL ONLY BE LIABLE FOR THE TYPICAL AND PREDICTABLE DAMAGE IF THE DAMAGE WAS CAUSED BY SLIGHT NEGLIGENCE. THIS DOES NOT APPLY TO DAMAGES BASED ON THE INJURY OF LIFE, BODY, OR HEALTH. THE RESTRICTIONS MENTIONED ABOVE ALSO APPLY IN FAVOR OF THE LEGAL REPRESENTATIVES AND AUXILIARY PERSONS OF T71 IF CLAIMS ARE DIRECTLY ASSERTED AGAINST THEM. THE PROVISIONS OF THE GERMAN PRODUCT LIABILITY ACT AND THE MANDATORY PROVISIONS OF THE PRODUCT LIABILITY ACTS OF OTHER EUROPEAN UNION MEMBER STATES REMAIN UNAFFECTED.

FOR USERS OF THE PLATFORM WHO RESIDE OUTSIDE OF THE EUROPEAN UNION, YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE PLATFORM.

FOR USERS OF THE PLATFORM WHO RESIDE OUTSIDE OF THE EUROPEAN UNION, if applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other damages, in no event, shall T71, its agents or anyone involved in creating or providing this Platform or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you for use of the Platform or $100, whichever is less.

Ownership of Content

All content, including text, images, video, lab environments, and other content made available through the Platform, is owned by T71 and/or third parties that have permitted T71 to make such content or lab environments available through the Platform ("Platform Content"). Your use of the Platform and your agreement to these Terms (and those of any other websites or services to which you gain access through the Platform) does not provide you with or transfer to you in any manner an interest in or ownership right to, such Platform Content, which shall remain the property of T71 or another third party owner. For clarity, through your use of the Platform (and other sites to which you gain access hereby), you are given permission to use such Platform Content for the time period that you are a registered user of the Platform. This permission does not provide you with or transfer to you an ownership or other interest in any Platform Content. No Platform Content may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed, or otherwise used by you for any commercial purposes except as provided in these Terms or as permitted by the owner. Moreover, you may not distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Platform Content without the written permission of T71 or the owner thereof. Modifying any materials displayed in the Platform Content without prior written permission from T71 or other third-party owners violates T71's or other third-party owners' copyright and other proprietary rights.

Trademarks

The T71, Treadstone 71, and Treadstone 71, LLC name, logo and other marks, graphics and logos, and designations of source used in connection with the Platform are trademarks of T71 (collectively "The T71 Marks"). Nothing contained in the Platform or other websites accessed hereby should be construed as granting you, by implication or otherwise, permission to use any trademark displayed herein or therein without the explicit written permission of its owner. The T71 Marks may not be copied, imitated, or used, in whole or in part, without the prior written consent of T71.

Choice of Law, Arbitration, and Jurisdiction for Disputes

Binding Arbitration for users who reside outside of the European Union: To the fullest extent allowable under applicable law, any controversy or claim arising out of your downloading, installation, use of, or other interaction with the Platform shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes outlined in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and honor claims of privilege recognized at law. If the claimant can demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, T71 will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Suppose any part of this arbitration provision is deemed invalid, unenforceable, or illegal (other than that, claims will not be arbitrated on a class or representative basis) or otherwise conflicts with the rules and procedures established by JAMS. The balance of this arbitration provision shall remain in effect and be construed according to its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor T71 shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT DOWNLOAD AND/OR USE THIS PLATFORM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

FOR USERS OF THE PLATFORM WHO RESIDE OUTSIDE OF THE EUROPEAN UNION, BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE INTERACTING WITH THE PLATFORM, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PLATFORM WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

T71 is neither willing nor obliged to participate in conciliation proceedings before a consumer mediation body within the European Union.

Governing Law & Jurisdiction: All disputes in connection with the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflict of laws rules thereof. Any matters or proceedings not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award shall occur in the State of Florida in the state or federal courts in Florida, and you consent to the exclusive jurisdiction of such courts. Laws in the country where the user of the Platform resides may give the user the right to file claims before the country's courts and may provide that some laws of that country are also applicable to this Platform. However, if any provision of the Terms or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable, or void, such decision shall not have the effect of invalidating or voiding the remainder of the Terms, it being the intent and agreement of the parties that the Terms shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting, therefore, another provision that is valid, legal and enforceable to give effect to T71's intent materially.

Severability

If any of these Terms shall be deemed invalid, void, or unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of T71 to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these Terms

We will notify you of changes to these Terms by posting the amended terms on this Platform at least thirty (30) days before the effective date of the changes. If you have provided us with your email address or with consent to contact you via text message or other means, we will also notify you of material changes to these Terms via those means at least thirty (30) days before the effective date of the changes to the address/number you most recently provided to us. We encourage you to keep the contact information you provide to us current and promptly notify us of any changes so that you may receive any notices we send you regarding material changes to these Terms. If you do not agree to any changes, you should stop using the Platform, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at [email protected], and the new terms will not bind you. Otherwise, the new terms will take effect after thirty (30) days.

Contact Us

If you have any questions, complaints, or claims regarding the Platform or our privacy practices, email us at [email protected].

NOTE: We take copyright and I.P. theft seriously and will pursue anyone or any group violating the EULA.

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