2.1 Registration and Account Creation. In order to access and use certain features of the Services, you may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including (but not limited to) your full name, email address, password, and any other information prompted by the registration form. You agree to provide information required for your use of the Services that is, and to update such information so it remains true, accurate, current and complete. Landingsite reserves the rights to, at our sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts.

2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Landingsite of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree not to create an Account using a false identity or false information, or on behalf of someone other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. Landingsite cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.1 Access and Use. Subject to this Agreement, Landingsite grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for your own internal business purposes.

3.2 Certain Restrictions.By accessing and using the Services you agree that you will not, and will not permit any third party to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) frame or utilize framing techniques to enclose any trademark, logo, or other Landingsite content (including images, text, page layout or form) of Landingsite; (c) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (d) access or use the Services in order to build a similar or competitive website, product, or service; and (e) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services, except as expressly permitted herein. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Services shall be subject to this Agreement; and (f) otherwise use the Services in any manner that exceeds the scope of use permitted under Section 6, or in a manner inconsistent with applicable law or this Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

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

3.4 No Support or Maintenance; Necessary Equipment. You acknowledge and agree that Landingsite will have no obligation to provide you with any support or maintenance in connection with the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

3.5 Ownership of the Services. Excluding any User Content that you may provide (defined in Section 5 below) and Your Website, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Landingsite or Landingsite’s suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Landingsite and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

3.6 Ownership of Your Website. As between the parties and to the extent permitted by applicable law, you own Your Website. You understand that, per applicable law, you may not be able to own the machine-generated content on Your Website. You hereby grant to Landingsite a non-exclusive, worldwide, perpetual, royalty-free and fully paid license to use Your Website and the contents enabled or available thereon (a) as necessary for purposes of providing and improving the Services, (b) to comply with applicable law and enforce Landingsite policies, and (c) in an aggregated and anonymized form to: (i) improve the Services and Landingsite’s related products and services; (ii) provide analytics and benchmarking services; and (iii) generate and disclose statistics regarding use of the Services.

4.1 Payment Terms. 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 a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other method of payment (“Payment Method”), as a condition to signing up for a Premium Subscription. Your Payment Method 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. You agree to update your Account in the event of any change in your billing address or the credit card account used for payment hereunder. Landingsite reserves the right at any time to change its prices and billing methods, either immediately upon posting such changes to the Service or by e-mail delivery to you. Landingsite uses Stripe (“Stripe”) as the third-party service provider for payment services (e.g., card acceptance, and related services). By purchasing a Premium Subscription, you agree to be bound by the Stripe Privacy Policy: https://stripe.com/privacy, and hereby consent and authorize Landingsite and Stripe to share any information and payment instructions you provide with third-party service provider(s) to the minimum extent required to complete your transactions. You also agree to be bound by Stripe’s Services Agreement: https://stripe.com/legal. All information that you provide to us or to Stripe must be accurate, current, and complete. By purchasing a Premium Subscription, you authorize Landingsite via Stripe to charge your Payment Method in accordance with this Section 4, and you agree that Landingsite is authorized to charge your Payment Method for all fees and charges due and payable hereunder and that no additional notice or consent is required. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY AMOUNTS OWED IN CONNECTION WITH THE SERVICES.

4.2 Automatic Renewal. Except as set forth in the Agreement, all fees paid in connection with a Premium Subscription or any other Services offered by Landingsite are non-refundable. Your Freemium Subscription and/or Premium Subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period ends, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at the then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least one (1) day prior to the Renewal Commencement Date, by logging into your Account and adjusting your Subscription settings, or you can contact us at support@landingsite.ai. 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. However, you will not be eligible for a prorated refund of any portion of the Subscription fee already paid for the then-current Subscription period. By subscribing, you authorize Landingsite (via Stripe) to charge your Payment Method now, and again at the beginning of any subsequent Subscription period. Upon renewal of your subscription, if Landingsite does not receive payment from your Payment Method, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Landingsite may either terminate or suspend your Subscription and continue to attempt to charge your Payment Method 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).

4.3 Taxes. The payments required under this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Landingsite determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Landingsite shall collect such Sales Tax in addition to the payments required under this Agreement. If any services or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Landingsite, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Landingsite for any liability or expense Landingsite may incur in connection with such Sales Taxes. Upon Landingsite’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in your Account profile, or any information provided as an input to the Services as prompted by the Services as required to build Your Website). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 6. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Landingsite. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 6. Landingsite is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

5.2 User Content Warranty. The Services are not intended to be used in connection with any sensitive content or data, including but not limited to information related to medical conditions or treatments (collectively “Sensitive Data”). You represent, warrant, and covenant that you shall not use the Services in connection with any Sensitive Data.

5.3 License. You hereby grant (and you represent and warrant that you have the right to grant) to Landingsite an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes operating the Services, including by making your User Content available to other Users and the public. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

5.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, including any outputs to the Services (such as Your Website), and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 6 or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.

5.5 Feedback. If you provide Landingsite with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Landingsite all rights in such Feedback and agree that Landingsite shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Landingsite will treat any Feedback you provide to Landingsite as non-confidential and non-proprietary. You agree that you will not submit to Landingsite any information or ideas that you consider to be confidential or proprietary.

You agree not to: (i) use the Services to upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable; (ii) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (iii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iv) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vii) interfere with any other user’s use and enjoyment of the Services; (viii) impersonate any person or entity, including any employee or representative of Landingsite; or (ix) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

7.1 Generally. You may have the opportunity to provide us with e-mail address. By providing your email address to us, you consent to receive email communications from Landingsite. Communications from us may include communications about your use of the Services.

7.2 Promotional Email Communications. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.

7.3 Electronic Communications. The communications between you and Landingsite use electronic means, whether you use the Services or send us emails, or whether Landingsite posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Landingsite in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Landingsite provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

You agree to indemnify and hold Landingsite (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) Your Website, (d) your violation of this Agreement; or (e) your violation of applicable laws or regulations. Landingsite reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Landingsite. Landingsite will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. WE HAVE NO LIABILITY FOR RESULTS IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE OUTPUTS OF THE SERVICES AND THE QUALITY OF YOUR WEBSITE. LANDINGSITE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LANDINGSITE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF LANDINGSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED ($100) DOLLARS AND THE FEES PAID BY YOU TO LANDINGSITE DURING THE SIX (6) MONTHS PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIBING RISE TO SUCH LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LANDINGSITE AND YOU.

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. Notwithstanding the foregoing, we reserve the right to suspend or terminate your rights to use the Services (including your Account) if you violate these Terms or for any other reason in our discretion, and your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases and, notwithstanding Section 3.6, the deletion of Your Website. Landingsite will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Account or deletion of your User Content or Your Website. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 1, 3.2 – 3.6, and 4 - 14.

The Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Landingsite intends to announce such services or content in your country. The Services are controlled and offered by Landingsite from its facilities in the United States of America. Landingsite makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Landingsite arbitrate disputes against one another.

13.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Landingsite agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services and any content made available thereon (or your inability to do so), any communications you receive or do not receive, or the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and Landingsite may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Landingsite 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). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

13.2 Informal Dispute Resolution. There may be instances when a Dispute arises between you and Landingsite. If that occurs, Landingsite is committed to working with you to reach a reasonable resolution. You and Landingsite agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Landingsite therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which will occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Landingsite that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@landingsite.ai or regular mail to our offices located at Landingsite, LLC PO Box 7079 Boulder, CO 80306. The Notice must include: (a) your name, telephone number, mailing address, and e‐mail address associated with your Account (if you have one); (b) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (c) a description of your Dispute.

The Informal Dispute Resolution Conference will be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple Users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement will prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

13.3 Waiver of Jury Trial. YOU AND LANDINGSITE 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 Landingsite are instead electing that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1(Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

13.4 Waiver of Class and Other Non-Individualized Relief. YOU AND LANDINGSITE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 13.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this Section 13.4 is intended to, nor will it, affect the terms and conditions under the Section 13.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 13.4 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Landingsite agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in the state or federal courts located in Denver, Colorado. All other Disputes will be arbitrated or litigated in small claims court. This section does not prevent you or Landingsite from participating in a class-wide settlement of claims.

13.5 Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described in Section 13.2, above, does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Landingsite agree that either party will have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

Unless you and Landingsite otherwise agree, or the Batch Arbitration process discussed in Section 13.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.

You and Landingsite agree that all materials and documents exchanged during the arbitration proceedings must be kept confidential and may not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

13.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days after delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under Section 13.9 (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.

13.7 Authority of Arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, any Dispute arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) any Dispute arising out of or relating to Section (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of that section is unenforceable, illegal, void or voidable, or that such section has been breached, will be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in Section 13.9 (Batch Arbitration), any Dispute about the payment of arbitration fees will be decided only by a court of competent jurisdiction and not by an arbitrator; (c) any Dispute about whether either party has satisfied any condition precedent to arbitration will be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) any Dispute about which version of the Arbitration Agreement applies will be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section13.9 (Batch Arbitration). The arbitrator will have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Landingsite need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

13.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Landingsite agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Landingsite by or with the assistance of the same law firm, group of law firms, or organizations, JAMS will, within a thirty (30) day period (or as soon as possible thereafter) (a) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party will advise JAMS, and JAMS will appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such Dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any Disputes promptly. The Administrative Arbitrator’s fees will be paid by Landingsite.

You and Landingsite agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision will in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

13.10 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: Landingsite, LLC PO Box 7079 Boulder CO, 80306, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your 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 these Terms 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.

13.11 Invalidity, Expiration. Except as provided in Section 13.4 (Waiver of Class or Other Non-Individualized Relief), 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 will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect. You further agree that any Dispute that you have with Landingsite as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

13.12 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Landingsite makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days after the date such change becomes effective by writing to Landingsite at: Landingsite, LLC PO Box 7079 Boulder CO 80306, your continued use of the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Landingsite will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

14.1 Changes. You understand that the Services are evolving. You acknowledge and agree that Landingsite may update the Services with or without notifying you. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of: (i) thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable); (ii) thirty (30) calendar days following our posting of notice of the changes on our Services; and (iii) your providing assent to the updated Agreement in a specified manner, as applicable. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.2 Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Landingsite, or any products utilizing such data, in violation of the United States export laws or regulations.

14.3 Governing Law; Exclusive Venue. This Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and governed by the laws of the State of Delaware, excluding its conflict of laws principles and excluding the Uniform Computer Information Transactions Act (UCITA) as may be enacted, amended, or modified by the various states. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Landingsite agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Denver, Colorado.

14.4 Disclosures. Landingsite is located at the address in Section 14.7. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14.5 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Landingsite is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Landingsite’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Landingsite may freely assign this Agreement. The terms and conditions set forth in these Agreement shall be binding upon assignees.

14.6 Copyright/Trademark Information. Copyright © 2023, Landingsite, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any Landingsite Marks will inure to Landingsite’s benefit.

14.7 Contact Information:
Landingsite, LLC
Address: PO Box 7079 Boulder, CO 80306
Email: support@landingsite.ai