Terms & Conditions

Last Updated: 30 June 2019

Who we are

Aiisma’s ecosystem of smart device applications has been created to assist you to claim your data as an asset and monetize it securely as well as safely while maintaining complete control over what, when and why you share your data, subject to the terms of the Agreement (as defined below). When using Aiisma’s applications you can choose to share continuous data streams or share with select projects relevant to your demographic & social profile. Data projects clearly list why the information is sought, what it will be used for and how much are you rewarded for it. The decision to participate is entirely yours.

We will continue to enhance the Aiisma ecosystem to bring better value for your data assets and will keep you posted of the progress. Any changes to the Aiisma ecosystem features may affect your terms of use and you will be informed about the same.

1. Introduction

Aiisma, Inc provides this website, our software applications and the data, information, tools, updates and similar materials delivered or provided by us (collectively, the “Services”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Services. By using the Services or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Services.

1.1 Incorporated terms

We hereby grant to you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access and use the Services and materials thereon that are intended to be displayed publicly so long as you are in compliance with all of the terms and conditions of this Agreement and all incorporated documents. You hereby agree that this is a grant of a license, not a transfer of title. You are not granted any rights that are not explicitly granted. The following additional terms are incorporated into this Agreement as if fully set forth herein:

  • Privacy Policy
  • Owner Data Agreement
  • Acceptable Use Policy
  • Any other policy or agreement as published by us from time to time.

If this Agreement is inconsistent with any other written policies, terms, and agreements relating to any Service, the written guidelines, policy, terms, and agreements relating to the specific service shall govern. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.

1.2 Time Conditions

We may revise or update this Agreement by posting an amended version through the Services and/or otherwise making a good faith effort to make you aware of the revisions. Your use of the Services following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Services. Any amendment to this Agreement is effective immediately upon posting.

2. Who can use this service?

2.1 Use of Service

To use the Service, you must be at least the age of majority as determined by the laws of your jurisdiction or use the Service with verifiable parent or guardian consent. If you are using the Services on behalf of any entity, then you are agreeing to this Agreement on behalf of that entity and will be liable for all actions taken under that account. If you do not meet these requirements or do not agree with this Agreement, you must not access or use the Services.

Some parts or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time. Use of the Services may cause you to incur data charges from your provider.

3. Data Ownership

You own your Data at Aiisma at all times. You choose what data you share by opting into opportunities in the Aiisma app or service, which will each have distinct details about how your data will be used.

4. Privacy

You acknowledge that you have read and understand our Privacy Policy. You may review our Privacy Policy at any time by clicking on the Privacy Policy link on our Site.

5. Rules of Conduct

5.1 Use of Service

Your use of the Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Services. Without limiting the foregoing, you agree that you will not make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

You agree not to distribute, upload, make available or otherwise publish through the Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

  • is unlawful or encourages another to engage in anything unlawful;
  • contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
  • violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party;
  • is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
  • Is likely to deceive any person;
  • Restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability; or
  • Could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.

You must keep your username and password and any other information needed to login to the Services, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.

5.2 Malicious Intent

You further agree that you will not do any of the following:

  • modify, adapt, translate, copy, reverse engineer, decompile, or disassemble any portion of the Services;
  • interfere with or disrupt the operation of the Services, including restricting or inhibiting any other person from using the Services by means of hacking or defacing;
  • transmit to or make available in connection with the Services any denial of service attack, virus, worm, Trojan horse, or other harmful code or activity;
  • attempt to probe, scan, or test the vulnerability of a system or network of the Services or to breach security or authentication measures without proper authorization;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • harvest or collect the email address or other contact information of other users of the Services;
  • scrape or collect content from the Services via automated or large group means;
  • submit, post, or make available false, incomplete or misleading information to the Services, or otherwise provide such information to us;
  • use the Services to send unauthorized messages including spam, to harass or engage in illegal conduct, or to induce others by means of deceit or fraud to transact via the Services;
  • remove any copyright or other proprietary notations from the Services;
  • transfer the Services to another person or "mirror" the Services on any other server;
  • use the Services for any commercial purpose except as permitted herein, or for any public display (commercial or non-commercial);
  • register for more than one user account;
  • impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • give the impression that you or your user content emanates from or is endorsed by us or any other person or entity, if this is not the case;
  • impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

You are not licensed to access any portion of the Services that is not public, and you may not attempt to override any security measures in place on the Services.

Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Services shall not be limited to violations of these rules of conduct.

5.3 User Generated Material

Site visitors and users of our other Services may have the opportunity to publish, transmit, submit or otherwise post comments, Feedback (defined below), photos, or other materials via the Services (“User Generated Material”) that may be accessible and viewable by the public or others. With respect to any User Generated Material posted by you, you represent that (i) you created and own the rights to the content, or you have the owner’s express permission to post such content; and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. Additionally, User Generated Material must not:

  • Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
  • Violate our or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;
  • Create or threaten harm to any person or loss or damage to property;
  • Include others’ personal information or any other information that may be used to track, contact, or impersonate that individual;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of ours or any other person, or violate the terms of any contract in respect of such intellectual property or proprietary rights;
  • Seek to harm or exploit children by exposing them to inappropriate content, asking for personal information or otherwise;
  • Misrepresent your identity or affiliation with any person or organization;
  • Seek to collect others’ email addresses, usernames, or passwords by any means;
  • Seek to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on us or the Services, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
  • Relate to commercial activities such as contests, sweepstakes, or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
  • Be otherwise objectionable as determined by us at our sole discretion.

You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted via the Services and from any claims related to the conduct of any other users. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify or store User Generated Material at any time and for any reason without notice. We may refuse, alter, or remove User Generated Material without notice for any reason at our sole discretion. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Generated Material that you or a third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

In consideration for your use of the User Generated Material features, you grant to us an irrevocable, worldwide, royalty-free, fully-paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Generated Material in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting us, our products and Services. You acknowledge that we may modify the User Generated Material for any purpose. However, we have no obligation to use any User Generated Material, and our use of any User Generated Material does not create or imply any endorsement of or affiliation with you.

5.4 Denial of Service

We reserve the right to deny all or some portion of the Services to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

6. Our Intellectual Property

Copyrights. All content included in the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and protected by U.S. and international copyright laws. The compilation of all content on the Services is our exclusive property and protected by U.S. and international copyright laws. All software used on the Services is our property or the property of our software suppliers and protected by U.S. and international copyright laws.

Trademarks. AIISMA, AIISMA.COM, AIISMA, INC., and other Services graphics, logos, page headers, button icons, scripts, and service names are our trademarks, registered trademarks, or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not owned by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

License and Site Access. We grant you a limited license to access and make personal use of the Services and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Services’ content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services’ content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Services’ content or any portion of such content may not be reproduced, duplicated, copied, sold, resold, assigned, sub-licensed visited, or otherwise exploited for any purpose, including commercial purposes, without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us.

Feedback. You may from time-to-time provide us certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby additionally grant to us all rights, titles and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

7. Complaint Policy

If you have any problems, please contact us at legal@aiisma.com and we will try our best to address your problem if you have a good faith complaint.

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that we will not respond to complaints that do not meet the requirements above. If we determine that the materials alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.

Copyright Agent
Aiisma
Suite 220, 7455 Arroyo Crossing Pkwy
Las Vegas, Nevada 89113, USA
e-mail: dmca@aiisma.com

8. Your responsibilities

8.1 Protect Yourself

You understand that by sharing information on the Services, and requesting information to be sent through the Services, you may be revealing information about yourself. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.

8.2 Passwords

You are responsible for controlling the access to and use of your account. Always make sure that your password is kept confidential. You understand and agree that we may assume instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any actions against us arising out of or related to any claimed unauthorized access using your account credentials..

9. Communications

In connection with your use of the Services, you agree that we may send you service announcements, administrative messages, notifications, offers, promotions, affiliate information and other important information. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from us to you. However, there are certain material transactional or data privacy emails you may not opt out of. Additionally, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Linked Sites and Third Party Organizations

You may be able to link to third-party websites from the Aiisma Service. Or, you may choose to share your data via Aiisma with third-party organizations, such as partners or online services with no relationship to Aiisma (collectively, “Linked Sites”) through, for example, automatic form-filling or granting access to your data. Aiisma does not control Linked Sites in any way, and Aiisma is not responsible for the content, availability, advertising, products, information, or additional links, use of user information, security or privacy policies and practices, or materials of any such Linked Sites. Such links do not imply Aiisma endorsement of or association with the Linked Sites. In some cases, you may have an independent relationship with a Linked Site by virtue of being an existing customer or member of the third-party organization.

In no event shall Aiisma be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of Linked Sites, the information or material accessed/imported through Linked Sites, or information shared from your account with Linked Sites through the Aiisma Service.

Aiisma reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Aiisma Service, and to require termination of any such link.

11. Section Headings

​​Section headings are for convenience only and have no legal or contractual effect. If the terms and conditions of these Terms and section headings, the terms and conditions shall prevail.

12. General

12.1 Severability

If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

12.2 Revisions

We may update this Agreement at any time, in our sole discretion. Your continued use of the Services after the update shall constitute an agreement to the updated terms. You do not have the right to modify the Terms and Conditions. If you disagree with the updated Agreement, you must cease using the Services.

12.3 No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.

12.4 Assignment

We may assign this Agreement, in whole or in part, to any person or entity at any time without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be automatically null and void.

12.5 Waiver

Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

12.6 Notices

All notices given by you or required under this Agreement shall be in writing and emailed to: legals@aiisma.com.

12.7 Entire Agreement

This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.n.

12.8 Cancellation and Termination

You can cancel your account and export and delete your data at any time. Aiisma may also suspend or terminate your account if you violate these Terms, the Privacy Policy, or the Owner Data Agreement. In situations where we suspend or terminate your account, we may attempt to notify you so that you can export your data. However, you hereby acknowledge and agree that we may immediately suspend or terminate your account in certain circumstances, such as cases where there is harm to another owner or user, disruption of others’ use of the Aiisma Service, or in cases where there may be potential legal liability to Aiisma.

12.9 Survival

All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall survive any termination or expiration. Any termination or expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to Aiisma, including, without limitation, any indemnification obligations contained herein.

13. Disclaimers and limitation on liability

13.1 Network Access

We cannot guarantee the Aiisma system will run perfectly 100% of the time. We will address bugs and flaws as quickly as possible to optimize your experience. If our service contains an inaccuracy or error, we reserve the right to correct any such errors and to change and/or update information at any time without prior notice.

13.2 Advice

Aiisma.com does not offer advice in legal, medical, financial, investment, or any other category. Please contact a professional if you have such questions.

13.3 Tax Implications

If you choose to get paid for licensing your data there could be potential tax implications depending on the geography you are based in. Also, depending on the geography you are based in some of these can be deducted at source while others you as the user will be responsible for. Our financial teams are only responsible for our compliance and issuing relevant certificates where needed. You are individually responsible and liable for personal tax liabilities if any.

13.4 Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

13.5 Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post, or transmit through the Services (b) your use of the Services, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal, or common law, or any conduct that violates the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Services.

13.6 Limitation of Liability

To the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Aiisma or its agents, officers, directors, employees, successors, assigns, or affiliates be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, lost data, damaged data, inaccurate data, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of, or related to, your use or inability to use the Services, however caused, regardless of the theory of liability (tort, contract, or otherwise) and even if Aiisma has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability on implied warranties, or limitations of liability for consequential or incidental damages, so these limitations may not apply to you. In no event shall Aiisma’s total liability for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of monies paid for your access to the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14. Legal

You agree that any claim or dispute arising out of or relating in any way to the Services will be resolved solely and exclusively by referring the dispute for arbitration, rather than in a court of law, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the District of Las Vegas, Nevada, the United States of America shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in detail to the following address: Suite 220, 7455 Arroyo Crossing, Las Vegas, Nevada, USA 89113.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in Las Vegas, Nevada. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, without the necessity of posting a bond.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in District of Las Vegas, Nevada. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISTRICT OF NEVADA. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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