Terms of Service

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE (“TOS”) BEFORE USING THIS SITE. BY CONTINUING TO ACCESS, LINK TO, OR USE THIS SITE, OR ANY SERVICE ON THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 11 BELOW.

These TOS set forth the legal terms and conditions governing your use of our website located at treehouselabs.xyz and any other online and mobile websites, blogs, and interactive applications operated by “treehouselabs.xyz” (unless a different policy is provided on a particular site, application, or service, in which case such different policy shall govern and control). treehouselabs.xyz reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. For changes to these TOS that we deem material, we will place a notice on http://www.treehouselabs.xyz/ by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine at our discretion. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by treehouselabs.xyz and shall be of no force or effect.

A. General Terms

1. User Consent to the TOS

You represent that you have read and agree to be bound by the TOS.

2. Intellectual Property

This website, and all of the content it contains, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents, and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by treehouselabs.xyz or other third parties and are protected from any unauthorized use, copying, and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Singapore and other countries. The Service is also protected as a collective work or compilation under copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by treehouselabs.xyz, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “treehouselabs.xyz”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of treehouselabs.xyz and such others. You agree to protect the proprietary rights of treehouselabs.xyz and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by treehouselabs.xyz or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify treehouselabs.xyz in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and treehouselabs.xyz, at all times be and remain the sole and exclusive property of treehouselabs.xyz. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to treehouselabs.xyz for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without treehouselabs.xyz’s prior written approval.

3. Restrictions on Use

You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of treehouselabs.xyz or any of its suppliers.

Except as expressly permitted by treehouselabs.xyz in writing, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit, post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute, or publish the analysis and presentation included in the Service without treehouselabs.xyz’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Service in any manner without the prior written consent of treehouselabs.xyz or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.

You may use the “e-mail this article” function solely to inform others about a treehouselabs.xyz news article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium, including but not limited to over-the-air television or radio broadcast, a computer network, or hyperlink framing on the internet, without the prior written consent of treehouselabs.xyz. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.

You may not input, distribute, upload, post, email, transmit, or otherwise make available any content through the Service that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You may not upload commercial content on the Service or use the Service to solicit others to join or become members of any other commercial online service or other organization.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service. treehouselabs.xyz reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any server, or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, or any other customer of treehouselabs.xyz, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or treehouselabs.xyz’s systems or networks, or any systems or networks connected to the Service or to treehouselabs.xyz.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to treehouselabs.xyz on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Service or any content for any purpose that is unlawful or prohibited by the TOS, or to solicit the performance of any illegal activity or other activity which infringes the rights of treehouselabs.xyz or others.

Unauthorized use of the Service may violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Singapore or the country in which you reside.

4. Privacy

treehouselabs.xyz respects your privacy and permits you to control the treatment of your personal information. A complete statement of treehouselabs.xyz’s current privacy policy can be found by clicking here. treehouselabs.xyz’s privacy policy is expressly incorporated into the TOS by this reference.

5. Third Party Sites, Products, and Services

The Service may include links to other websites or services (“Linked Sites”) solely as a convenience to you. treehouselabs.xyz does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, treehouselabs.xyz makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

6. Disclaimer of Warranties with Respect to Service

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. treehouselabs.xyz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. treehouselabs.xyz MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IF THE SERVICE OR treehouselabs.xyz’S WEBSITE(s) CONTENT CONTAINS INFORMATION ON MEDICAL AND LEGAL ISSUES, THIS INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A MEDICAL PROFESSIONAL OR LEGAL COUNSEL. YOU SHOULD NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING A HEALTH OR FITNESS PROBLEM OR DISEASE. treehouselabs.xyz MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF THE CONTENT OR THE ACCURACY OF ANY INFORMATION THAT IS CONTAINED HEREIN.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT treehouselabs.xyz SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF treehouselabs.xyz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

8. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify and hold treehouselabs.xyz, its subsidiaries, affiliates, officers, agents, co-branders, and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. Termination

You agree that treehouselabs.xyz, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, if treehouselabs.xyz believes that you have violated or acted inconsistently with the letter or spirit of the TOS. treehouselabs.xyz may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that treehouselabs.xyz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that treehouselabs.xyz shall not be liable to you or any third party for any termination of your access to the Service.

11. Mandatory Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

(i) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and treehouselabs.xyz, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: [email protected]. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with treehouselabs.xyz. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and treehouselabs.xyz agree to the further Dispute resolution provisions below.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

(ii) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided herein) subject to the terms set forth below and the Singapore International Arbitration Centre (“SIAC”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected]. If you are a treehouselabs.xyz registered user, any demand initiating arbitration, whether filed by you or treehouselabs.xyz, must include the email address you used to register with treehouselabs.xyz.

You agree that by using this site in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against treehouselabs.xyz and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “treehouselabs.xyz Entities”) arising out of, relating to, or connected in any way with treehouselabs.xyz’s website or app or these TOS, including the determination of the scope, enforceability, or applicability of this Arbitration Agreement (as defined below), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) (“Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section 14 (“Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Arbitration Act of Singapore.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(iii) Class Arbitration and Collective Relief Waiver. YOU AND TREEHOUSELABS.XYZ ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS treehouselabs.xyz PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this subpart (iii) and subpart (vi) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of SIAC, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this subpart (iii) or subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor treehouselabs.xyz shall be entitled to arbitrate their dispute.

(iv) Arbitration Rules. The arbitration will be administered by SIAC and conducted before a sole arbitrator in accordance with the rules of SIAC, including, as applicable, SIAC Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with SIAC, excluding any rules or procedures governing or permitting class or representative actions. The applicable SIAC rules and procedures are available at www.siac.org or by emailing SIAC at [email protected].

(v) Arbitration Location and Procedure. For all residents, the arbitration shall be held (i) at a location determined under the applicable SIAC rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-residents, the arbitration shall be held in Singapore (unless otherwise agreed by the parties). The arbitrator shall apply Singapore law consistent with the Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the SIAC rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely based on documents you and treehouselabs.xyz submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable SIAC rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and treehouselabs.xyz (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(vi) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to SIAC against treehouselabs.xyz (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by SIAC in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by treehouselabs.xyz and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable SIAC rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with treehouselabs.xyz and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by SIAC in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believes will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by SIAC. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of SIAC’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless treehouselabs.xyz otherwise consents in writing, treehouselabs.xyz does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this subpart (vi). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor treehouselabs.xyz shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(vii) Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a SIAC mediator selected from an initially proposed group of 5 mediators, with treehouselabs.xyz and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, treehouselabs.xyz, the mediator, and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either treehouselabs.xyz or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither treehouselabs.xyz nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt-out of arbitration under this section shall not be construed as opting out of Section 15 titled “Class Action Waiver” below. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(viii) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website. The arbitrator will render an award within the timeframe specified in the applicable SIAC rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Disclaimer and Limitation of Liability” section of these TOS as to the types and the amounts of damages or other relief for which a party may be held liable. Except for decisions in arbitrations that are joined together in a single batch, no individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(ix) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, treehouselabs.xyz will pay any filing and hearing fees in in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that SIAC has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under SIAC’s Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by SIAC does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before SIAC, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such a challenge.

(x) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION OPT-OUT”. The notice must be sent within thirty (30) days of (a) the date of these TOS; or (b) your first use of the Service, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, treehouselabs.xyz also will not be bound by it.

(xi) Changes. treehouselabs.xyz will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Any such changes will go into effect 30 days after treehouselabs.xyz provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If treehouselabs.xyz changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes.

12. Class Action Waiver.

You may only resolve Disputes with treehouselabs.xyz on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Except as described in Section 14(vi), class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

13. Compliance, Reputational, Operational, and Other Considerations.

You represent, warrant, and covenant to treehouselabs.xyz that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical, or biological weapons proliferation, terrorism (including financing of terrorism), corruption, undermining of democratic rights and government, money laundering, tax evasion, or human rights violations, or other similarly egregious activities or (ii) in connection with activity in, or for the benefit of, the non-Ukraine-government controlled regions of Ukraine, Syria, Cuba, North Korea, or Iran (each, an “Excluded Jurisdiction”).

14. Economic Sanctions & Export Controls.

Notwithstanding any other provision of these TOS, treehouselabs.xyz does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.

You represent, warrant, and covenant to treehouselabs.xyz that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union, and/or United Kingdom (the “Sanctioning Authorities”) maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. Without limiting the foregoing, you agree to not use treehouselabs.xyz’s products or services to engage in new investment in the Russian Federation or to directly or indirectly export, reexport, sell, or supply accounting, auditing, bookkeeping, tax consultancy, trust and corporate formation, or business or management consulting or public relations services to the government of Russia or any person located in the Russian Federation. Each time you receive or use the Service or anything created using the Service, you shall be deemed to represent and warrant to treehouselabs.xyz and its affiliates that none of you, any person who acts on your behalf or at your direction, or any person on whose behalf you are acting, is: (i) located in or normally a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.

15. Miscellaneous.

You accept that treehouselabs.xyz has the right to change the content or technical specifications of any aspect of the Service at any time in treehouselabs.xyz’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of treehouselabs.xyz to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the TOS.

16. Headings.

The section titles in the TOS are used solely for the convenience of you and treehouselabs.xyz and have no legal or contractual significance.

17. Severability.

If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

18. Entire Agreement.

The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and treehouselabs.xyz, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without treehouselabs.xyz’s written authorization.

B. Linking and Framing Terms and Conditions

YOU MAY NOT FRAME THIS WEBSITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN. IF YOU LINK TO THIS WEBSITE, OR ANY PORTION THEREOF, WE REQUIRE THAT YOU FOLLOW THESE TERMS.

1. Intellectual Property.

Upon linking to this website pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the treehouselabs.xyz mark owned by treehouselabs.xyz solely for providing an underlined, textual link from your website to treehouselabs.xyz. No other use of treehouselabs.xyz’s marks, names, or logos is permitted without express written permission from treehouselabs.xyz.

2. Restrictions on Linking to this Website.

Without limiting other provisions contained in our TOS, you may include a link(s) on your website to treehouselabs.xyz’s publicly accessible web pages (i.e., any web page which does not require a login and password and/or restrict access). You may not link to treehouselabs.xyz any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights, or is otherwise deemed inappropriate, as determined by treehouselabs.xyz in its sole discretion. The link to this site must not damage, dilute, or tarnish the goodwill associated with any treehouselabs.xyz names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated, and/or associated with treehouselabs.xyz. treehouselabs.xyz reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that treehouselabs.xyz deems to be inappropriate or inconsistent with or antithetical to this site and/or these TOS.

3. Restrictions on Framing Activities.

treehouselabs.xyz is concerned about the integrity of this website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, treehouselabs.xyz is concerned with activities such as bringing up or presenting the content of this website within another website (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any web page from treehouselabs.xyz, except with our express written permission. Further, you may not archive, cache, or mirror any treehouselabs.xyz web page or portions of a web page. If you would like to use, reprint, frame, or redistribute any treehouselabs.xyz content other than as permitted herein, you must request permission from treehouselabs.xyz by writing to [email protected]. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the website address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or web page(s) of this website which you would like to use.

C. Inquiries Regarding this Site’s Content

You may reach out to [email protected] for any questions

D.Intellectual Property Issues

1. General Inquiries:

Please send general inquiries regarding intellectual property issues to [email protected]

2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act):

If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

a. Your name, address, telephone number, and email address;

b. A description of the copyrighted work that you claim has been infringed;

c. The exact URL or a description of where the alleged infringing material is located;

d. 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;

e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

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