Welcome to the digital presence of the House of Highways, LLC ("Company," "we," "us," or "our"). This encompasses our website, mobile application, and any other digital offerings operated by the Company, its parent companies, affiliates, or agents, hereinafter referred to as the "Company Properties." The information and resources provided on the Company Properties, including designs, graphics, texts, photographs, and all other forms of content ("Content"), are managed and controlled by the Company.

This document explains the rules (the "Terms" or the “Legal Terms”) you need to follow when you use our website, apps, and services (collectively, the "Services"). When you use the Services, you're agreeing to these Terms.

When you engage with the Website or utilize any of the services or resources provided through it, including downloading our mobile application(s) ("Service" or collectively, "Services"), you are bound by these Terms of Use ("Terms"). By clicking the “I Accept” button, completing any registration process, or using our Services in any manner, you are affirming your agreement.

The term “you” refers to you as either an individual or the entity you are representing when you access or use the Website, whether as a visitor, a registered user, or when you seek to use our Services.

SHOULD YOU DISAGREE WITH ANY PART OF THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING THE COMPANY PROPERTIES AND THE SERVICES PROVIDED.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL AS SET FORTH HEREIN.

PLEASE BE AWARE THAT SECTION 1 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

The use of all personal data you submit to the Company or which we collect about you is governed by our privacy policy (“Privacy Policy”).  These Terms, together with our Privacy Policy,

The Services include a web- and app-based services designed to cater to the diverse needs of You, the wandering nomadic RV community. With a focus on seamless travel experiences, subscribers gain access to: (i) Curated Destinations: Handpicked locations that promise unique adventures and authentic local experiences; (ii) Exclusive Services: From RV maintenance tips to Wi-Fi mishaps, and wind navigation, ensuring a hassle-free journey; (iii) Community Platform: A space where nomads can connect, share stories, and celebrate the freedom of the road; (iv) Educational Content: Insights into different RV models, travel planning tools, and lifestyle tips for the modern traveler; (v) Special Offers: Access to co-branded credit cards, fuel discounts, and partnerships with leading brands for an enhanced travel experience.

• USE OF THE SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Company may require you to accept updates to Company Properties that you have installed on your computer or mobile device.  You acknowledge and agree that Company may update Company Properties with or without notifying you.  You may need to update third-party software from time to time to use Company Properties.

The company, along with its affiliates and service providers, reserves all rights not explicitly granted within the scope of this Agreement. Unauthorized exploitation of any company offering will result in immediate revocation of the granted licenses.

Communications Agreement and Opt-Out Rights.

Under this Agreement, by providing your telephone numbers and email addresses, you give your clear and explicit consent to receive communications from our company. These may include emails, text messages, calls, and push notifications, which might be automated. We may send you information related to your account, updates on the Company's services, promotional offers, and other news related to our company and the industry. You may incur standard message and data rates for text messages as per your mobile carrier's plans. You are under no obligation to agree to receive promotional texts or calls as a condition for using any of our services.

• Opt-Out Options:
  • To unsubscribe from promotional emails, follow the unsubscribe link in the email.
  • To stop receiving promotional texts or calls, text “STOP” from the device receiving them. Our system is designed to recognize such requests; however, we are not liable for any failures to process opt-out requests that do not correctly use the “STOP” keyword.
  • To receive customer service contact information, text “HELP” to our customer service number.
  
  Your decision to opt-out of promotional messages will be confirmed via text or email. Please note that opting out of receiving all texts may affect your ability to use certain services. We respect your choices and will process your opt-out requests in accordance with legal requirements and within a reasonable timeframe.

Registration.

To access certain features of Company Properties you may be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a user who has registered an account on the Website or the Application ("Account").

• When you sign up for an account, it's important to:
  • Fill out the registration form truthfully, accurately, and completely. This includes providing current photos of yourself or your vehicle if asked.
  • Keep your registration information up to date to ensure it remains true, accurate, and complete.
• You must also:
  • Be at least 18 years old and legally able to enter into contracts.
  • Not be restricted from using our services by laws in the U.S., Canada, or where you live.
  • Take responsibility for all activity under your account.
  • Prevent minors from using your account, and accept responsibility if they do.
  • Keep your account details to yourself. If someone else uses your account or there's a security issue, let us know immediately and always sign out after you're done using our services.
  • Not create an account under a false identity or on behalf of someone else.
  • Only have one account on each of our platforms at any one time.
  • Understand that we can delete or take back your username if necessary, especially if someone claims it violates their rights.
  • Not make an account or use our services if we've removed you before or you've been banned.
  • Unsubscribe from any phone numbers or email addresses linked to your account if you're no longer using them, and make sure your registration details are updated.
  • Ensure that you own or have control over all the contact information you provide to us.
  • Remember, if your information isn't accurate or you don't follow these rules, we may suspend or close your account and stop you from using our services now or in the future.

Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.

Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address.   If the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.   You may give notice to Company at the following address: 1309 Coffeen Ave., Ste. 1200, Sheridan, Wyoming 82801. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

The company, along with its affiliates and service providers, reserves all rights not explicitly granted within the scope of this Agreement. Unauthorized exploitation of any company offering will result in immediate revocation of the granted licenses.

• INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website and application designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: hello@thehouseofhighways.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

• USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

No Obligation to Pre-Screen Content.

You acknowledge that Company has no obligation to pre-screen any user Contributions, although Company reserves the right in its sole discretion to pre-screen, refuse or remove any Contributions.  By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of the Contributions, including without limitation chat, text, or voice communications.  If the Company pre-screens, refuses or removes any Contribution, you acknowledge that Company will do so for Company’s benefit, not yours.  Without limiting the foregoing, Company shall have the right to remove any Contribution that violates the Agreement or is otherwise objectionable, in Company’s sole discretion.

No Obligation to store.

Unless expressly agreed to by Company in writing elsewhere, Company has no obligation to store any of The Contributions that you Make Available on Company Properties.  Company has no responsibility or liability for the deletion or accuracy of any Content, including The Contributions; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Company Properties.  You agree that Company retains the right to create reasonable limits on Company’s use and storage of the Content, including The Contributions, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Company in its sole discretion.

Notwithstanding anything contained herein to the contrary, by submitting Contributions to any comments, or any other area on Company Properties, you hereby expressly permit Company to identify you by your username (which may be a pseudonym) as the contributor of the Contribution in any publication in any form, media or technology now known or later developed in connection with the Contribution.

Guidelines For Reviews.

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

• PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
• INTERACTIONS WITH OTHER USERS.
• User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Company reserves the right, but has no obligation, to intercede in such disputes.  You agree that Company will not be responsible for any liability incurred as the result of such interactions.
• Contributions Provided by Other Users. Company Properties may contain User Content provided by other Registered Users.  Company is not responsible for and does not control User Content.  Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other Users at your own risk.
• FEES AND PURCHASE TERMS.
• General Purpose of Agreement: Sale of Service. The purpose of the Agreement is for you to secure access to the Services.  All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Services.   Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities.   By providing Company with your credit card number and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required.   You agree to immediately notify Company of any change in your billing address or the credit card used for payment hereunder.   Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.  Except as expressly set forth in these Terms or otherwise stated on Company Properties, all fees for the Services are non-refundable.

• Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your annual package (each, a “Service Commencement Date”).  Except as set forth in the Agreement, all fees for the Services are non-refundable.  No contract will exist between you and Company for the Services until Company accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
• Third Party Service Provider. The Company uses Stripe, Paypal, Inc., Apple Pay and each of its affiliates, as a third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (each a “Third Party Service Provider”).  By buying, selling, or otherwise transacting on any Company Property, you agree to be bound by each Third Party Service Provider’s Privacy Policy and Terms of Service (listed below), if applicable, and any other terms and conditions required by each Third Party Service Provider (collectively, “Third Party Service Provider Agreement) and hereby consent and authorize the Company and each Third Party Service Provider to share any information and payment instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your transactions.   In order to complete payment transactions on the Company Properties, users may be required to set up an account with a Third Party Service Provider, which may require any or all of the following: registration with such entity, consent to any Payment Service Provider Agreement, or completion of a vetting process and/or account validation at the request of the Third Party Service Provider.  Please note that the Company is not a party to the Third Party Service Provider Agreements and that you, the Third Party Service Provider, and any other parties listed in such agreements are the parties to the Third Party Service Provider Agreements and that the Company has no obligations, responsibility, or liability to you or any other Company Property user under the Third Party Service Provider Agreements.
• Stripe Terms of Service:  https://stripe.com/legal/ssa 
Stripe Privacy Policy:  https://stripe.com/privacy
• Paypal User Agreement: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full?locale.x=en_US
Paypal Privacy Policy: https://www.paypal.com/us/webapps/mpp/ua/privacy-full?locale.x=en_US
• Apple Pay Terms of Service: https://www.apple.com/legal/applepay 
Apple Pay Privacy Policy: https://www.apple.com/legal/privacy/
• Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
• Withholding Taxes. You agree to make all payments of fees to Company free and clear of, and without reduction for, any withholding taxes.   Any such taxes imposed on payments of fees to Company will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
• Automatic Renewal. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is annual. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.   By subscribing, you authorize Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period.   Upon renewal of your subscription, if Company does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
• Refunds. Service Subscription Fees for our House of Highways Memberships are non-refundable are generally non-refundable, except as set forth below:
  • Service Subscription Fees for our House of Highways Membership, through one of our Applications from an App Store will be exclusively processed by the applicable App Store. For purchases made through the Apple App Store, refunds will be processed exclusively by Apple in accordance with Apple’s refund policy, available at https://support.apple.com/en-us/HT204084. Please refer to the Apple refund policy for instructions on how to request a refund, or check the status of your refund. For purchases made through Google Play, refunds will be processed exclusively by Google in accordance with the Google Play refund policy. The Company does not offer and will not process any refunds to you for your purchases in connection with and through any of our Applications, including any Service Subscription Fees.
• Free Trials and Other Promotions. Any free trial or other promotion that provides User level access to the Services must be used within the specified time of the trial.  At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee.  If you are inadvertently charged for a subscription, please contact Company to have the charges reversed.
• Advertising Revenue. Company reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that Company has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Company because of such advertising).

• MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

• REPRESENTATIONS,WARRANTIES, AND INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, licensors, and any related Company Parties (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, costs, damages, or expenses (including reasonable attorneys' fees) arising from or related to: (a) The Contributions and Registration information; (b) your use or inability to use any Company Property, including Third-Party Websites, Third-Party Applications, and Third-Party Ads; (c) your interactions with any other Company Property users; (d) your visitation of any location found via the Company Properties; (e) any breach of this Agreement; (f) your violation of any rights of another party, including any Registered Users; (g) your negligent, willful, reckless, or intentionally wrongful acts or omissions; (h) any injury, death, or property damage caused by you; (i) your violation of any applicable laws, rules, or regulations, including traffic and parking rules and regulations; and (j) your provision of a telephone number or email account not owned by you or failure to promptly update your contact information.

The Indemnified Parties reserve the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with the Indemnified Parties in asserting any available defenses. This indemnification will not require you to compensate any Indemnified Parties for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the Website or Services.

The obligations under this indemnification provision shall survive the termination of your Account, this Agreement, or your access to Company Properties. You acknowledge that the Company has the exclusive right to choose counsel, at your expense, to defend any such claims.

You represent and warrant that you shall obtain and maintain (a) all necessary permits and licenses to operate any vehicle used or operated in connection with your use of the Services (“Vehicle”), (b) liability insurance on any and all Vehicles, and that you will carry proof of such insurance in each applicable Vehicle, and (c) to the extent you are not the registered owner of the Vehicle, registered owner’s permission to use, posses, and operate the Vehicle.  Additionally, you agree and acknowledge that neither the Company nor the Users shall have any responsibility for damage to or theft of your Vehicle.

• DISCLAIMER OF WARRANTIES AND CONDITIONS.

The Company works tirelessly in its pursuit of providing you with the best user experience possible. However, the Company Properties and our services are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, ACCURACY, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

From time to time, Company may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Company’s sole discretion.  The provisions of this section apply with full force to such features or tools.

• No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER REGISTERED USERS, OWNERS OF LOCATIONS FOUND VIA THE COMPANY PROPERTIES, OTHER GUESTS AT ANY LOCATION, ADVERTISERS, OR ANY OTHER THIRD PARTIES WHOSE PRODUCTS OR SERVICES MAY BE FEATURED ON COMPANY PROPERTIES.
• No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF COMPANY PROPERTIES.  YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF COMPANY PROPERTIES.   COMPANY MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.   COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH COMPANY PROPERTIES.
• Third-Party Materials and Services. As a part of Company Properties, you may have access to materials or services that are offered, hosted, operated, or provided by another party.   You agree that it is impossible for Company to monitor such materials or services and that you access and use these materials or services at your own risk.
• LIMITATION OF LIABILITY
• Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) GOODS, SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.   THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
• Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO Company by you during the one-month period prior to the act, omission or occurrence giving rise to such liability; OR (b) $100.   THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
• User Content. EXCEPT FOR COMPANY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, THE CONTRIBUTIONS AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
• Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.   IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
• Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

• COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE:

The Company respects the intellectual property rights of others and expects its users to do the same. We have established the following procedure for addressing claims of copyright infringement:

1. Policy and Content Removal: We implement a "notice and takedown" process. Upon receipt of a clear and valid notice of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing content.
2. Designated Copyright Agent: Our designated Copyright Agent for the receipt of such notices is as follows:
   • Name: Colan McGeehan
   • Address: 1309 Coffeen Ave. Ste. 1200, Sheridan, Wyoming 82801
   • Phone: 917-696-2091
   • Email: colan@thehouseofhighways.com
3. Notification of Alleged Infringement: To file a notice of alleged copyright infringement with us, you must provide a written communication outlining the following details:
   • Your physical or electronic signature.
   • Identification of the work claimed to have been infringed.
   • Identification of the material that is claimed to be infringing and information sufficient to locate the material.
   • Your contact information including address, telephone number, and email address.
   • A statement that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law.
   • A statement made under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
4. Counter-Notification: Users who receive a notification of alleged infringement may submit a counter-notification. The counter-notification must include
   • The user's physical or electronic signature.
   • Identification of the material that has been removed and the location at which the material appeared before it was removed.
   • A statement under penalty of perjury that the user has a good faith belief that the material was removed because of mistake or misidentification.
   • The user's name, address, telephone number, and a statement that the user consents to the jurisdiction of the federal court in the district where the user is located, or if the user's address is outside the United States, for any judicial district in which Company may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
5. Repeat Infringer Policy: Company maintains a policy that provides for the termination of users who are repeat infringers in appropriate circumstances.
6. Restoration of Content: If we receive a valid counter-notification, we may reinstate the removed or disabled material following the statutory time period, provided we have not received notice from the original claiming party that a legal action has been filed seeking a court order to restrain the user from engaging in infringing activity relating to the material on Company Properties.
7. Modifications: This policy may be modified or updated in response to statutory or regulatory changes or for other operational reasons, with or without notice.
8. Contact: For more information or to review a detailed version of our copyright infringement procedures, please contact our designated Copyright Agent.

Your use of Company services constitutes acceptance of these terms and an agreement to abide by them.

• MONITORING AND ENFORCEMENT

Company reserves the right to: (a)  remove or refuse to post any of the Contributions for any or no reason in our sole discretion; (b) take any action with respect to any of the Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Company Properties or the public, or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Company Properties, or Vehicles by you; and/or (e) terminate or suspend your access to all or part of the Company Properties for any or no reason, including without limitation, any violation of this Agreement.

If Company becomes aware of any possible violations by you of the Agreement, Company reserves the right to investigate such violations.   If, because of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.   Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Company Properties, including The Contributions, in Company’s possession in connection with your use of Company Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that The Contributions violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company, its Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.

• TERM AND TERMINATION.

The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Company Properties, unless terminated earlier in accordance with the Agreement.

• Termination of Services by Company.  Except as set forth herein, the Service Subscription Fee for any Service shall be non-refundable.  If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Company is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you.  You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account.
• Termination of Services by You. If you want to terminate the Services provided by Company, you may do so by closing your Account for all the Services that you use. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN THIS SECTION AND IN THE AUTORENEWAL SECTION ABOVE.
• No Subsequent Registration. If your registration(s) with, or ability to access, Company Properties or any other Company community, is discontinued by Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Company Properties or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated.
• DISPUTE RESOLUTION. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully.   It requires users to arbitrate disputes with Company and limits the way you can seek relief from us. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

Waiver of Jury Trial.  YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified below in this Section (Applicability of Arbitration Agreement) for each jurisdiction.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Residents of the United States of America

If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wyoming. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wyoming, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.   Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: hello@thehouseofhighways.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.   Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

• Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
• Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
• Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 1300 N Frontage Rd., #1549, Vail, Colorado 81657. By rejecting a future change, you are agreeing that you will arbitrate any dispute, claim, or request for relief relating in any way to your access or use of the Company Properties or to any aspect of your relationship with Company, in accordance with the language of this Arbitration Agreement, as modified by any changes that you did not reject.

RESIDENTS OF CANADA

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Company Properties or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum. Except where prohibited by law, any controversy, claim or dispute arising out of, relating to in any way to your access or use of the Company Properties or to any aspect of your relationship with Company, shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules (the “ ADR Rules ”).  In accepting this Arbitration Agreement, you acknowledge receipt of and a reasonable opportunity to review the ADR Rules.  Under the ADR Rules, there is a fee associated with filing for arbitration in respect of a Dispute; applicable filing fees will be as set out in the ADR Rules.  If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.  For greater certainty, neither you nor the Company shall commence or participate in a class proceeding or other aggregate action in respect of any dispute or claim, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular dispute or claim.  The seat of the arbitration shall be the same as the province in which you accessed or used the Company Properties and the applicable arbitration legislation in the seat shall apply.  The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise.  The costs and expenses of the arbitrator shall be shared equally between the parties.  A party to the arbitration has no right of appeal from any award of the arbitrator, whether characterized as final, interim, interlocutory or partial.  The arbitration will be conducted in English, except in Quebec, where the arbitration shall be conducted in either English or French at the election of the parties.

Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.   The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.   The award of the arbitrator is final and binding upon you and us.

Notwithstanding anything to the contrary in this section, nothing in this section or the Arbitration Agreement prevents a user from making a report to or filing a claim, application or charge with the applicable governmental or administrative agency or tribunal, including, as applicable, the applicable Ministry of Labour, human rights commission or tribunal, and labour relations board, (cumulatively, “administrative agencies”) if the terms of applicable legislation entitles you to do so and precludes exclusive pre-dispute recourse to arbitration. For the avoidance of any doubt, administrative agencies do not include provincial or federal courts.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

• THIRD-PARTY SERVICES.
• Third-Party Websites or Applications. The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
• We may allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
• App Stores. You acknowledge and agree that the availability of any Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).   You acknowledge that the Agreement is between you and Company and not with the App Store.   Company, not the App Store, is solely responsible for Company Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).   In order to use an Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with Company Properties, including any Application.  You agree to comply with, and your license to use any Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Company Property, including the Application.  You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
• Accessing and Downloading the Application from the Apple App Store. The following applies to any Apple App Store Application accessed through or downloaded from the Apple App Store:
  You acknowledge and agree that (i) the Agreement is concluded between you and Company only, and not Apple, and that Apple is not a party to the Agreement other than as third-party beneficiary as contemplated below, and (ii) Company, not Apple, is solely responsible for the Apple App Store Application and content thereof. Your use of the Apple App Store Application must comply with the App Store Terms of Service.
  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Application.
  In the event of any failure of the Apple App Store Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company, subject at all times to warranty limitations and exclusions set forth in the Agreement.
  You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Application or your possession and use of the Apple App Store Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App Store Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  You and Company acknowledge that, in the event of any third-party claim that the Apple App Store Application or your possession and use of that Apple App Store Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
  You acknowledge, represent, and warrant that (i) you are not located in a country embargoed by United States or other applicable law from receiving the Services, (ii) you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country, and (iii) you have not been listed by the U.S. Government on any U.S. Government list of prohibited or restricted parties.  If you are unable to make the acknowledgements and representations in this paragraph, you are not permitted to download any software related to or made available by the Company, or to otherwise use or access the Services.
  You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apple App Store Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple App Store Application against you as a third-party beneficiary thereof.
  Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Apple App Store Application.
• Accessing and Downloading the Google Play Application. The following applies to any Google Play Application:
  Subject to your compliance with these Terms and any other terms, policies, guidelines, or agreements referenced herein or executed between you and the Company, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Google Play Application on mobile devices or computers that you own or control and to run such copy of the Google Play Application solely for your own personal or internal business purposes.
  The Company, and not Google LLC or any of its subsidiaries or affiliates (collectively, “Google”), is solely responsible for the Google Play Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
  You acknowledge that Google is a third-party beneficiary of these Terms and will have the right to enforce them directly.
• OpenAI. In order to enhance the functionality of our Services, Company utilizes OpenAI, LLC ("OpenAI") for certain functionalities. OpenAI provides artificial intelligence and machine learning capabilities that are integrated into certain features of our Services to deliver advanced functionalities such as natural language processing, content generation, and other AI-driven services. When you interact with features powered by OpenAI, you may be subject to terms and conditions and privacy policies that govern the use of OpenAI's services. Please note that OpenAI operates independently of Company, and we do not control the manner in which OpenAI processes information or interacts with your data. For specifics on how your data is handled by OpenAI, refer to the Privacy Policy available on our website. While Company selects third-party service providers with care and aims to only include those that uphold high standards of data privacy and security, we do not accept liability for any issues arising from the use of OpenAI's services or any other third-party services incorporated into our Services. This includes, but is not limited to, data loss, privacy breaches, or inaccuracies generated by third-party technologies. The terms and conditions that govern the use of OpenAI are available here: https://openai.com/policies.
• NON-DISCRIMINATION.

We value the inherent worth and dignity of all people as unique individuals, and we welcome the variety of experiences they bring to our company.  As such, we have a strict non-discrimination policy.  We believe everyone should be treated equally regardless of race, color, sex, gender identification, sexual orientation, national origin or ancestry, native language, religion, age, disability, marital status, citizenship, political beliefs, genetic information, pregnancy, status as a veteran, or any other characteristic protected by law.  Any reported allegations of harassment or discrimination will be investigated promptly.  Upon review, we reserve the right to remove any member, user, or employee over conduct that violates these terms.

• GENERAL PROVISIONS.

Electronic Communications. The communications between you and Company may take place via electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Company Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Company Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false or misleading advertising, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services or Content provided hereunder.

The Agreement, and your rights and obligations hereunder, 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.

• Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
• Exclusive Venue.
  • Residents of the United States.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Colorado.
  • Residents of Canada.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of the Province of Ontario.
  • Residents of United Kingdom.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the English courts.
• Governing Law.
  • Residents of the United States.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of WYOMING, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  • Residents of Canada.  The Terms and any action related thereto will be governed and interpreted by and under the laws of the Province of Ontario, without regard to choice of law principles.  This choice of law provision is only intended to specify the use of Ontario law to interpret the Terms and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.
  • Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
• If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
• Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
• Export Control. By using Company Properties, you represent and warrant that (i) you are not located in a 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
• CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.