Last updated: July 8, 2024

Thank you for using the Emet Earn platform (the “Platform”), a data licensing platform powered by Arweave and AO.

These Terms of Service (“Terms”) apply to your use of the Emet Earn website, Platform, services and features, and all associated software applications (all together, “Services”). These Terms form an agreement between you and EmetX Inc., and include important provisions for resolving disputes through arbitration.

1. Notice of Arbitration Provisions.

Your use of the Services is subject to binding individual arbitration of any disputes that may arise, including a class action waiver, as provided in Section 18 of these Terms of Service. Please read the arbitration provisions carefully and do not use any of our Services if you are unwilling to arbitrate any disputes you may have with us (including, without limitation, any disputes relating to these Terms of Service and our Privacy Policy) as provided herein.

By using our Services, you agree to these Terms.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

2. Who We Are.

The Platform is a data licensing interface that enables registered users to create,  store, and license their data to Emet and other third party buyers pursuant to certain terms set forth in the Universal Data License, which is subject to change. 

Our Services are provided to you by: EmetX Inc., a Delaware Emet with its registered office at 800 North State Street, Suite 304 in the City of Dover, Delaware, Zip Code 19901 , United States (“Emet”).

3. Permitted users.

(A) Minimum Age

We prohibit anyone from using the Services who is under thirteen (13) years of age (or, if greater than 13, the minimum age applicable in your jurisdiction).  If you are under the age of eighteen (18) (or the legal age of majority in your jurisdiction), you represent by accessing our Services that you have your parent’s or legal guardian’s approval to access them.  If we receive actual notice that you are under the age of 13 (or the applicable minimum age in your jurisdiction) or lack parental approval (where required by law), we will terminate your access to the Services, deactivate your account, and delete your data. Some offerings on our Services may also be subject to additional age or parental consent restrictions.  By using our Services, you confirm, represent, and warrant that:

• you are able to form a binding contract with Emet;

• you are not subject to the prohibitions described below under the Excluded Users and Territories subheader of these Terms;

• you will comply with these Terms (including any Additional Terms) and all relevant local, state, national, and international laws, rules, and regulations.

If you are the parent or legal guardian of a user under the age of eighteen (18), by allowing your child to use our Services, you are subject to these Terms and responsible for your child’s related activity.

(B) Excluded Users and Territories

You are not permitted to download or use any of our Services, including any accessing any Rewards, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.

4. Licensed Data & Inputs.

As part of our Services, Emet enables permitted users to choose to create data ("Inputs") through the Platform, store and license those Inputs on Arweave, and license those Inputs to Emet and other third-party buyers pursuant to certain terms set forth in the Universal Data License (the “UDL”), which is subject to change. You are responsible for your Inputs, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. As between you and Emet, and to the extent permitted by applicable law, you (a) retain your ownership rights in your Input and (b) license your Input to Emet at no cost, for sublicensing purposes pursuant to the terms set forth in the UDL.

Solely with respect to the licensure of your Input to Emet for the purposes of sublicensing pursuant to the terms set forth in the UDL you grant Emet a worldwide, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display the Inputs and any name, username, voice, or likeness provided in connection with the Inputs in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Inputs available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Emet. You also agree that you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Inputs.

5. Rewards & Earning Programs.

(A) Overview.  Emet may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to receive points or other credits, including but not limited to $EMET tokens (collectively, “Rewards”) related to your participation in or interaction with various surveys or licensing of your Inputs (as defined below) (collectively, “Offers”).   Regardless of whether they are expressed as points or dollar amounts, Rewards have no current known cash, monetary, or other value and may not be transferred to another Wallet (as defined below), subject to these Terms and the Rewards Program redemption requirements at the time of redemption.

(B) $EMET tokens. For the avoidance of doubt, $EMET tokens (“$EMET tokens”) are non-transferable digital assets awarded to permitted users in accordance with the Rewards Programs. When used to effectuate payment for licensing of permitted user Inputs, $EMET tokens are awarded at a rate of $0.01 USD, which may be subject to change pursuant to applicable law. When allocated to users in advance of licensing, $EMET tokens are credited against future licensing fees. These credits may be revoked at Emet's sole discretion. You agree and acknowledge that unless otherwise stated, $EMET tokens in your Wallet have no cash, monetary, or other value, remain the sole property of Emet, and are only redeemable upon such terms as Emet may decide from time to time.

(C) Receiving Rewards.  You may receive Rewards in a Rewards Program by participating in various Offers, as described in the applicable Rewards Program. Alternatively, you may receive Rewards as part of the licensure of your Inputs. Subject to the other provisions of these Terms, Emet will deposit any Rewards for Offers that you choose to participate in and successfully complete into the digital asset wallet that you established when registered for the Services (the “Wallet”).  Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements of the Offer in the manner specified in the Offer (including any time limitations or waiting periods for acceptance or completion of the Offer) and in compliance with these Terms, and Emet and/or our third-party Rewards Program partners are able to properly validate, track and record that you have done so. In connection with any request to receive credit from customer support for completing an Offer that did not credit automatically, we may require you to initiate your support request from your Rewards Program ledger to ensure proper handling and tracking for completion via our systems. For the avoidance of doubt, Emet shall not be responsible for, nor shall Emet be obligated to award Rewards to you for, any Offer that is not properly recorded, tracked, validated and/or deemed a successfully completed Reward under Emet’s and/or our third-party Rewards Program affiliates’ policies, procedures, and systems. In some instances, Emet’s third-party Rewards Program affiliates, rather than Emet, may make the final determination of whether an Offer has been successfully completed and thereby should result in a Reward. Emet reserves the right to: (1) change or limit the Offers or Rewards available or your ability to participate in certain Offers or the Rewards Program itself, (2) change or limit the eligibility for or allowable frequency of Offers, and (3) change or limit the number or type of Rewards you can receive for a given Offer or during a given time period, including, without limitation, the right to correct any inadvertent error in the number or type of Rewards awarded and to claw-back any unearned or unqualified Rewards deposited in your Wallet as a result.  All such changes or limitations shall apply to all past, present, or future Rewards, unless otherwise expressly stated.

(D) Redeeming Rewards.  Subject to the other provisions of these Terms, you may redeem accumulated Rewards in your Account for Redemption Prizes pursuant to the applicable Rewards Program redemption requirements at the time of redemption. Supplies of Redemption Prizes may be limited. Redemption Prizes may be awarded or redeemed on a first-come, first-served, and while-supplies-last basis. If you attempt to redeem Rewards for a Redemption Prize and Emet determines that the Redemption Prize is unavailable, out of stock, or for whatever reason cannot be provided to you, Emet may, in our sole and absolute discretion, provide you with a Redemption Prize of equal or greater value. No re-crediting, reversal, or refund of Rewards will be issued for any reason after Rewards have been successfully redeemed; in other words, once you order and receive a Redemption Prize, you may not reverse or cancel the Redemption Prize transaction or return the Redemption Prize for a refund or re-crediting of Rewards to your Account. The only way to use Rewards is to redeem them for such Redemption Prizes as Emet may elect to offer from time to time for the applicable Rewards Program. 

(E) Verifying Identity and Eligibility.  Emet reserves the right to verify your identity to our complete satisfaction prior to crediting or allowing redemption of any Rewards, issuing, or delivering any Redemption Prizes in any Rewards Program, or otherwise providing you with access to or any benefit associated with our Services. Emet implements such verification requirements to confirm, preserve, and protect the security of our Services and your Wallet from unauthorized access and security threats. We may do so by requesting—either directly or indirectly via a third-party verification service—that you provide an image of your passport, driver’s license, or state ID card, by requiring you to verify the mobile phone number associated with your Account, or by such other proof of identity or eligibility as we may require. Some of our Services or Redemption Prizes may have additional eligibility requirements and in that case Emet also reserves the right to determine or verify your eligibility using such methods as we deem appropriate. If you are unable or unwilling to verify your identity in response to our request, or if we have other reason to suspect your Account may be compromised, insecure, or a threat to our Services, or your Wallet, we reserve the right in our sole and absolute discretion to temporarily or permanently deactivate or deny or restrict access to your account, or any benefit associated with our Services.

6. Hosted Wallet and Custodial Services.

(A) Hosted Wallet Services. As part of the Services, Emet provides permitted users with a Wallet, which is an account for holding $EMET tokens. Your Wallet may allow you to store, track, transfer, and manage your balances of $EMET tokens. We securely store private keys associated with each Wallet, which are used to process transactions. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from storage in order to facilitate transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such transfers.

(B) Supported Digital Assets. Your Wallet is intended solely for the proper use of $EMET tokens. Under no circumstances should you attempt to use your Wallet to store, send, request, or receive any assets other than $EMET tokens. Emet assumes no responsibility in connection with any attempt to use your Wallet with digital assets that we do not support. You acknowledge and agree that Emet is not liable for any unsupported digital asset that is sent to a wallet associated with our Services. Emet may, in its sole discretion, terminate support for any particular digital asset. If you do not sell, send, or otherwise follow instructions for transferring such digital asset off of the Platform before Emet terminates its support for such digital asset, then Emet may, in its discretion, remove such digital asset from your Wallet and credit your Wallet the equivalent market value of a supported digital asset or fiat currency minus transaction costs.

7. Registration.

You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials and you are responsible for all activities that occur through the usage of your account. You must have the authority of another person or entity to use the Services and accept these Terms on their behalf.

8. Using Our Services.

(A) Our Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open-source software that is governed by its own licenses that we’ve made available to you.

(B) Third Party Services. Our Services may include third party software, products, or services, (“Third Party Services”). Third Party Services are subject to their own terms, and we are not responsible for them.

(C) Feedback. We appreciate your feedback on our Services, and you agree that we may use them without restriction or compensation to you.

(D) Usage Terms. We believe you should have the flexibility to use our Services as you see fit, so long as your use does not harm yourself or others, and is compliant with relevant laws in the United States and your jurisdiction. We have established usage terms applicable to our Services to support their responsible use without stifling your control over how you use them. Subject to your compliance with these Terms, you may access and use our Services.

When using any Services, you agree not to use our Services in any improper manner, including to: 

• access (or attempt to access) any of our Services by any means other than through the interfaces that we provide;

• share a single account with anyone else;

• create or use multiple accounts (i.e., only one account is permitted per person in each Rewards Program);

• maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information, including via the use of any technology (such as VPNs, proxies, single-use mobile phone numbers, or fake identity documents) to conceal your real identity or location, or otherwise circumvent controls intended to prohibit illegal or prohibited access;

• submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole and absolute discretion to have been false, inaccurate, or otherwise invalid in connection with any Offers or any other use of our Services;

• post, upload, transmit or otherwise disseminate information that (in our sole and absolute discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful, or otherwise objectionable;

• post, transmit, or promote spam links, redirect links, or personal referral links to our Services in an excessive, deceptive, misleading, or otherwise inappropriate fashion, whether on or through any Emet sites or any other web site or application, including through the use of paid ads;

• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, or abuse anyone, or otherwise act in a belligerent, offensive or inappropriate manner;

• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of our Services, other users’ computers, or access to or functionality of our Services;

• violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through our Services in any manner that infringes any Mark, copyright, patent, trade secret, or other right of any party (including rights of privacy or publicity);

• attempt to obtain account information, passwords, or other private information from other members;

• improperly use support channels or complaint buttons to make false or frivolous reports to Emet, to attempt to claim or receive Rewards that are not actually due to you, or to communicate with our customer support representatives in a disrespectful, belligerent, offensive or inappropriate manner;

• create, share, distribute, promote, or submit any images, documents, or other evidence in support of an attempt to claim or receive Rewards that we determine to be altered, false, fraudulent, or misleading, including by virtue of having been submitted by multiple members in violation of these Terms;

• develop, distribute, make use of, or promote “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications in connection with our Services;

• share or distribute survey IDs, answers, or other survey information, including confidential information that you expressly agree not to disseminate, or otherwise coach or assist other members with regard to qualifying for or answering surveys;

• perform Offers in our Rewards Programs in an artificial, engineered or unauthorized way, or otherwise engage with any of our Services in a manner that does not reflect organic, conventional human usage, such as by participating in a botnet, click farm, or other ad-fraud collective, manipulating links, leveraging unauthorized artificial intelligence (AI) or “chatbot” technology, or conducting excessive searches, for the purpose or with the effect of increasing the Rewards you receive, as we may determine in our sole and absolute discretion; or

• exploit, distribute or publicly inform other members of any error, miscue, or bug (“Error”) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any fraudulent, misleading, unlawful, or unauthorized activity or conduct, including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate support team by contacting us at support@emetresearch.ai.

  
  

Violating these rules could result in suspension or termination of your account and possible forfeiture of all Rewards and/or access to your Wallet. We cannot foresee all abusive uses of our Services, so we proactively monitor for new abuse trends, and our policies will evolve based on this monitoring.

9. Fees.

All charges, including transaction and royalty fees, will be made clear to you upon licensing your Inputs. You may be required to agree to separate terms and policies from a third-party payments processor in order to complete any purchases with Emet.

10. Billing.

If you purchase Services from Emet, you will provide complete and accurate billing information, including a valid payment method. Our payment services provider will automatically charge your payment method on each agreed-upon periodic renewal until you cancel for paid subscriptions. Applicable taxes may apply, and if so, we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

11. Cooling Off Period.

If you are located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, you are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the relevant subscription period you have paid for. To cancel your purchase and request a refund please contact our Support team via email at support@emetresearch.ai.

12. Termination and Suspension.

Termination

You may cease using our Services and end your relationship with Emet at any time by closing your account and stopping your use of the Services. To close your account, please contact our Support team via email.

We reserve the right to suspend or terminate your access to our Services or delete your account if we determine that you breached these Terms, we have determined that your use of our Services could cause risk or harm to Emet, our users, or anyone else, or we are compelled to do to comply with the law.

Cancellation Notice

If we terminate your account, we will notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Emet or anyone else, or we are legally prohibited from doing so.

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with our Support team by email. We will review your appeal at our discretion.

13. Statutory Rights.

You have statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights. However, we do not take responsibility for loss or damage caused by events beyond our reasonable control.

14. Disclaimer of Warranties.

OUR SERVICES ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADING USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

15. Limitation of Liability.

Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Terms or reasonably foreseeable at the time of entering into these Terms.

EMET WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THE SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

Emet’s affiliates, suppliers, licensors, and distributors are intended third party beneficiaries of this section. 

16. Indemnity.

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless Emet, our affiliates, suppliers, licensors, distributors and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services, or any violation of these Terms.

17. Our IP Rights.

We own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines.

Brand Guidelines

The Platform and Emet logos, wordmarks and sub brands are the sole and exclusive property of Emet. Your use of any logo and/or wordmark implies acceptance of, and agreement with, the terms of these Brand Guidelines. If you do not accept and agree to follow the rules as set out in these Brand Guidelines, you do not have the right to use our logos and/or wordmarks and are prohibited from using them. Any use of the Services and Emet logos and/or wordmarks not in compliance with these Brand Guidelines is not authorized. If you violate the rules of these Brand Guidelines, you must cease and desist from all use of any Services and Emet logos and/or wordmarks, regardless of the uses otherwise allowed in these Terms. Emet reserves the right to revoke its approval of your use of the logos and/or wordmarks at any time.

Permission is granted to you to use the Emet logos and  wordmarks only under the following terms and conditions:

•  Emet’s logos and wordmarks are for non commercial use only. Usage of Emet’s logos and wordmarks for commercial sales, individual fundraising or organizational fundraising is strictly prohibited unless otherwise expressed in writing by an authorized agent of Emet.

Wordmarks and logos may not be used in an ambiguous way as described herein:

•  No logo and/or wordmark may be used in any way that suggests that Emet is affiliated with, sponsors, approves or endorses you, your organization, your websites, your products or your services.

• No logo and/or wordmark may be used in any way that mischaracterizes any relationship between you and Emet.

• Vendors may not use any wordmarks and/or logos to advertise the Platform without Emet’s written permission, and which must be requested in writing via email.

All of Emet’s logos are distinctive, designed pieces of graphic artwork, owned by Emet. The following usage guidelines must be followed:

• In any manner that, in the sole discretion of Emet, discredits Emet, or tarnishes its reputation and goodwill

• In any manner that infringes, dilutes, depreciates the value, or impairs the rights of the Platform or Emet in the word marks and/or logos 

• In any manner that is false or misleading

• In connection with any pornography, illegal activities, or other materials that are defamatory, libelous, obscene, or otherwise objectionable

• In any manner that violates the trademarks, copyright, or any other intellectual property rights of others

• In any manner that violates any law, regulations, or other public policy

• In any manner as part of a name of a product or service of Emet or organization other than Emet

• All goodwill generated by the use of any wordmark and/or logo inures to the benefit of Emet.

• You may not assert rights to any Platform logo and/or wordmark whether by trademark registration, common law ownership, domain name registration or anything else.

• You must, if requested from Emet, provide samples of any materials that include the Platform logo and/or wordmarks for purposes of determining compliance with these Brand Guidelines.

• You must make any change(s) to your use of the Platform’s logo and/or wordmarks that are requested by Emet.

Your download or use of the logos is subject to these Brand Guidelines. Partners who have agreements with Emet must comply with the terms of their agreement in addition to these Brand Guidelines.

18. Dispute Resolution.

(A) Informal Dispute Resolution. If either of us has any claim arising out of or relating to these Terms or our Services(“Dispute), we would first like to understand and try to address your concerns before any formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice in writing via email. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within sixty (60) days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

(B) Mandatory Arbitration. You and Emet agree to resolve any claims arising out of or relating to these Terms or our Services (a “Dispute”) through final and binding arbitration pursuant to the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (as applicable), (collectively, the “AAA Rules”). You may opt out of arbitration within thirty (30) days of account creation or of any updates to these arbitration terms within thirty (30) days after the update has taken effect by filling notifying us in writing via email. If you opt out of an update, the last set of agreed upon arbitration terms will apply. Emet will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

(C) Arbitration Procedures. The arbitration will be conducted by videoconference if possible (including for Batch proceedings, as specified below), but if the arbitrator determines a hearing should be conducted in person, it will be held in New York City, New York. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of New York have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

(D) Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

(E) Class and Jury Trial Waivers. You and Emet agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. You and Emet knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

(F) Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within ninety (90) days of each other, then you and Emet agree that the AAA will administer them in batches of up to fifty (50) claimants each (“Batch”), unless there are less than fifty (50) claimants in total or after batching, which will comprise a single Batch. The AAA will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. 

19. Severability.

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

20. Copyright Complaints.

If you believe that your intellectual property rights have been infringed, please send notice to the address below.

Emet Research, PO Box 10188, PMB 87048, Newark, New Jersey, 07101.

Written claims regarding copyright infringement must include the following information:

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the allegedly infringing material is located on our website so we can find it;

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

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

• Your address, telephone number, and e-mail address.

  
  

We may delete or disable materials that we believe violates these Terms or is alleged to be infringing and may terminate accounts of repeat infringers where appropriate.

21. General Terms

(A) Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services. If you are not satisfied, you have the right to terminate your relationship with Emet and stop using our Services at any time.

(B) Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services from time to time. If we do, we will give you at least fifteen (15) days advance notice of changes that materially impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services. For example, we may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements

• To adapt to new technologies.

• Updates to the UDL.

• Security or safety reasons.

• Changes we make in the usual course of developing our Services.

• Circumstances beyond our reasonable control.

(C) Delay in Enforcing These Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

(D) Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

(E) Governing Law. New York law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New York.

(F) Entire Agreement. These Terms contain the entire agreement between you and Emet regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Emet.

Go Forth and Earn

EmetX Inc.