BIT.TRIP RERUNNER

EULA

Last Updated: November 8, 2023

Welcome! This EULA governs your use of Bit.Trip RERUNNER (the “Game”). The Game is a copyrighted work belonging to Choice Provisions, Inc. (“Company”, “us”, “our”, and “we”). This EULA, together with our Privacy Policy, (collectively, the “Terms”) sets forth the legally binding terms and conditions that govern your use of the Game. The Game is licensed, not sold to you.

BY CLICKING THE “AGREE” BUTTON IN THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EITHER (i) OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT or (ii) YOU ARE OVER THE AGE OF 16 AND HAVE THE CONSENT AND ARE UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE GAME AND DELETE IT FROM YOUR DEVICE.

These terms require the use of arbitration (Section 14.2) 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. Access to the Game.

1.1 Eligibility. Only persons meeting the following requirements may use the Game:

(a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound of all of these Terms; or

(b) Persons who are between the ages of 13 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, and consent, along with their parent or guardian, to these Terms.

1.2 License. Subject to these Terms, your acceptance of and compliance with the same, and provided that you meet the eligibility requirements in Section 1.1 above, Company grants you a limited non-transferable, non-exclusive, revocable, limited license to download, install and use the Game for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with the Game's documentation.

1.3 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions. You shall not: (a) copy, reproduce, distribute, republish, download, display, post or otherwise transmit the Game in any form or by any means, except as expressly permitted by this license, (b) license, sell, rent, lease, transfer, assign, distribute, publish, host, exploit otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time; (c) modify, translate, adapt, make derivative works or improvements of the Game, whether or not patentable; (d) disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (e) access the Game in order to build a similar or competitive product, game or service; (f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof; and (g) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the Game shall be subject to these Terms. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies thereof.

1.4 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part thereof.

1.5 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game.

1.6 Ownership; Reservation of Rights. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under these Terms, or any other rights thereto other than to use the Game in accordance with these Terms. Company and its licensors and Game providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Neither these Terms (nor your access to the Game) 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 1.2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2. Acceptable Use and Information Submitted Through the Game (and Outside Platforms as defined below)

2.1 User Content. “User Content” means any and all information and content of any kind that you or any other user submits (e.g., content in a review, comment or other types of postings) to, or uses with, the Game, or any group, server or other manner of forum on social media organized by or associated with Company including without limitation, our Discord server and any of our social accounts (“Outside Platform(s)”). Your submission of User Content is governed by this Agreement and the Company Privacy Policy if through the Game, or if through an Outside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the terms of this Section 2. By submitting User Content to through the Game or Outside Platform, you make the following representations, warranties and agreements:

(a) You meet the eligibility requirements in Section 1.1 above;

(b) You agree that you are solely responsible for, and you assume all risks associated with 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;

(d) To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;

(e) All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;

(f) You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.

(g) You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3).

You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by 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.

2.2 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 Game. 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.

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

(a) You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any User Content that (i) 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) 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) is harmful to minors in any way; or (iv) 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 Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game 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 Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game 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).

2.4 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 11 , and/or reporting you to law enforcement authorities.

2.5 Feedback. If you provide Company with any feedback or suggestions regarding the Game (“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 Company any information or ideas that you consider to be confidential or proprietary.

3. Device Requirements. The Game can only be used via certain devices for a list of which are provided on the Company website and/or the third-party application marketplaces ("Marketplaces") where the application can be downloaded. Your Device must also meet the system requirements listed on the Company Website and/or the Marketplaces.

4. Free Content. Upon downloading the Game, users will have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the free features at any time with or without notice to you.

5. Updates. Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either:

(a) the Game will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You will promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to these Terms.

6. Making Purchases Through the Game. Purchases through our Game are processed by the Marketplace where you download the Game and are governed by the Terms of Sale of the relevant Marketplace. Your purchase will be linked to your account with the Marketplace. You understand and agree that you cannot transfer purchases from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your Marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device. We reserve the right to revise pricing for features offered for purchase through the Game at any time.

7. Digital Millennium Copyright Act.

7.1 DMCA Notices. We respect the intellectual property rights of others and we ask you to do the same. In connection with our Game, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Game who are repeat infringers of intellectual property rights, including copyrights. If you are a copyright owner or an agent of a copyright owner and believe that any content in the Game infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at pr@choiceprovisions.com or 4041 Soquel Drive Unit 301, Soquel, CA 95073USA. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

(b) A description of the copyright-protected work or other intellectual property right that you claim has been infringed;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

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.

7.2 Counter-Notices. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. Your counter-notice must include all the following information:

(a) The material alleged to be infringing, including its location.

(b) A statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed.

(d) One of the following two statements:

(i) If you are located within the United States: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”

(ii) If you are located outside of the United States: “I consent to the jurisdiction of any United States federal district court where AWS is located and will accept service of process from the person who provided the notice set forth above or their agent.”

(e) Your physical or electronic signature.

If your counter-notice does not meet all of the above requirements, it will not be valid. As with DMCA Notices, making false statements in connection with a counter-notice may result in criminal or civil penalties.

When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.

7.3 Repeat Infringer Policy. Company’s intellectual property policy is to: (i) remove or disable access to material that Company believes in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Game; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the Game by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.

8. Indemnification. You agree to indemnify, defend, and hold Company (and its officers, employees, directors, affiliates, agents, successors, and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, 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 Game, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. 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 Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9. Terms Regarding Third-Party Services.

9.1 Third-Party Services. The Game may display, include, make available or contain links to third-party content, websites and services, including through third party advertising (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Company, and Company is not responsible for any Third-Party Services. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Company provides access to these Third-Party Services as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You acknowledge and agree that Company is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Services.

10. 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 Game (including any interactions with, or act or omission of, other Game users or any Third-Party Services). 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.”

11. Disclaimers. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

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.

12. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

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.

13. Term and Termination. The term of this Agreement commences when you download the Game. Subject to this Section, these Terms will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game (including your Account) at any time for any reason at our sole discretion, including in the event that we cease to support the Game. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination of your rights under these Terms, your right to access and use the Game will terminate immediately and you must immediately cease all use of the Game and delete all copies of the Game from your Device. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for the deletion of your information and content. Even after your rights under these Terms are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, Section 2, Section 6 through 10 and Section 13. Termination of this Agreement will not limit any of Company’s rights or remedies at law or in equity.

14. General

14.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Game. These changes will be effective immediately for new users of the Game. Continued use of the Game following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with 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 these 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 Company should be sent to the Company attn.: EULA Dispute at the address listed in Section 14.12 (or such other address as may be provided by the Company for this purpose. 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.

(c) Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved shall be settled by binding arbitration in the State of California, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of California, without giving effect to its conflict of laws rules.

(d) 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 and more efficient 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 COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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 the State of California, for such purpose.

14.3 Export. The Game 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. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside the US.

14.4 Disclosures. Company is located at the address in Section 14.12. 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.

14.5 Electronic Communications. The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game 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 they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

14.6 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

14.7 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Game that is not covered under the terms of the arbitration provision in Section 14.2, or in the event the arbitration provision in Section 14.2 is found to be unenforceable all such claims, shall be instituted exclusively in the federal courts of the United States or the courts

of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14.8 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14.9 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.

14.10 Entire Terms. The EULA and Privacy Policy constitute the entire agreement between you and us regarding the use of the Game. 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.

14.11 Copyright/Trademark Information. Copyright © 2023 Choice Provisions, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game 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.

14.12 Contact Information:

Choice Provisions, Inc.

4041 Soquel Drive Unit 301

Soquel, CA 95073

Email: pr@choiceprovisions.com