TermsPrivacy PolicyCookies Policy

Terms of Service

This is a legal agreement ("Agreement") between you and Fearless Little LLC ("Fearless Little", "FL", "10X", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the features and services we make available on or through our websites, applications, APIs, email notifications, buttons, widgets, ads, commercial and paid services, and our other covered services that link to these Terms (collectively, the "Service" or the "Services"), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the 10X Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

The Services that 10X provides are always evolving and the form and nature of the Services that 10X provides may change from time to time without prior notice to you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In addition, 10X may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include tools that allow website and application owners to add communities to their websites and applications, advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by 10X on the Services are subject to change. In consideration for 10X granting you access to and use of the Services, you agree that 10X and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Because of the wide range of Services that 10X offers and plans to offer, we may ask you to review and accept supplemental agreements that apply to a specific application, feature, product, or service. To the extent those supplemental agreements conflict with these Terms, the supplemental agreements associated with the app, feature, product, or service govern with respect to your use of such app, feature, product or service to the extent of the conflict.

2. Privacy

Any information that you or other users provide to 10X is subject to ourPrivacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by 10X. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your 10X account, which you may not be able to opt-out from receiving.

3. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will 10X be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

4. Use of the Services

You may use the Services only if you are over the age of thirteen, can form a binding contract with 10X, and are not a person barred from receiving our Services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

If you are accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, (i) you represent and warrant that you are authorized to do so, and (ii) you agree that the terms "you" and "your" in these Terms refer to both your company, organization, government or legal entity and to you personally.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity without first getting our written permission. You acknowledge that 10X is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. 10X cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

5. Safety & Restrictions on Content

In order to make 10X a safe, welcoming, and interesting space, there are some limitations on the type of content that can be posted on our Services. Please help us maintain 10X by flagging Content that violates the rules below.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of 10X, its users and the public.

Services Rules

You must not do any of the following while accessing, using, or in connection with the Services:

Abusive Behavior

  • impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others;
  • post content that: is hate speech, threatening, or pornographic; incites violence; or contains graphic or gratuitous violence;
  • direct abuse at someone by sending unwanted sexual content, objectifying them in a sexually explicit manner, or otherwise engaging in sexual misconduct;
  • publish or post other people's private information without their express authorization and permission;
  • threaten to hack or expose someone’s private information or intimate media, or post or share intimate photos or videos of someone that were produced or distributed without their consent;
  • promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease;
  • use hateful images or symbols in your profile image, or use your username or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category;
  • make specific threats of violence or wish for the serious physical harm, death, or disease of an individual or group of people, including threatening or promoting terrorism, or affiliate with organizations that — whether by their own statements or activity both on and off the platform — use or promote violence against civilians to further their causes;
  • promote or encourage suicide or self-harm;
  • bully, intimidate, or harass any user, or incite other people to do so;
  • use 10X to do anything unlawful, misleading, malicious, or discriminatory;
  • facilitate or encourage any violations of this Agreement or our policies;

Account, Registration, and Password Security

  • provide any false personal information on the Services, or create an account for anyone other than yourself without permission;
  • create more than one personal account;
  • if we disable your account, you will not create another one without our permission;
  • use the Services if you are under 13;
  • transfer your account to anyone without first getting our written permission;
  • solicit login information or access an account belonging to someone else;

10X's and Other People's Rights

  • post content or take any action on 10X that infringes or violates someone else's rights or otherwise violates the law;
  • use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission;
  • post anyone's identification documents or sensitive financial information on 10X;
  • send invitations to non-users without their consent;

Spam & Technical Security

  • send or post unauthorized commercial communications (such as spam) on the Services, or engage in unlawful multi-level marketing (such as a pyramid scheme), using the Services;
  • access or tamper with non-public areas of the Services, 10X's computer systems, or the technical delivery systems of 10X's providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by 10X, unless you have been specifically allowed to do so in a separate agreement with 10X (crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of 10X is expressly prohibited);
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by 10X, unless you have been specifically allowed to do so in a separate agreement with 10X (crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of 10X is expressly prohibited);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Unauthorized Bulk Commercial Communications

Commercial solicitation of users under the "Community" sections of the Services, which includes all Questions and Posts, and their associated answers and comments, are expressly prohibited. In order to protect our users from such advertising or solicitation, 10X reserves the right to restrict the number of Posts, Questions, Answers, Photos, and other types of Content that a user may direct at other users or post on the Services. Posting in excess of 10 unauthorized commercial communications on or in connection with the Services within a 24-hour period of time constitutes Unauthorized Bulk Commercial Communication. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, postings or other unauthorized commercial communications of any kind through the Services, including but not limited to Posts, Questions, Answers, Photos, and Comments sent to other users, you acknowledge that you will have caused substantial harm to 10X, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay 10X the greater of (i) $50 for each unsolicited message, posting, or other unauthorized commercial communication you send through the Services, or (ii) $50 for each mentioned user (each occurrence of an @Username link in a post) of each unsolicited message, posting, or other unauthorized commercial communication you send through the Services.

6. Your License to Use the Services

10X gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by 10X as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 10X, in the manner permitted by these Terms.

7. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, transmit, publically perform, publically display and distribute such Content in any and all media or distribution methods (now known or later developed). The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for comments you have submitted). We provide controls so that you may delete most types of Content that you post on our Services.

You agree that this license includes the right for other users of the Service to modify your Content, and for 10X to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with 10X for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by 10X, or other companies, organizations or individuals may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. 10X will not be responsible or liable for any use of your Content by 10X in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

8. 10X Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of 10X and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the 10X name or any of the 10X trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding 10X, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions, which include but are not limited to your proposals for and submissions of Topics, relationships between Topics, and Topic Names, Topic Icons, and Topic Backgrounds, as we see fit and without any obligation to you. To the extent that you submit Content in connection with such submissions and your Content is incorporated or made part of any commercialized version of that submission, you hereby assign, and agree to deliver such additional assignments or other instruments of transfer or Intellectual Property Rights as may be reasonably requested by 10X, all of your right, title and interest in such Content, including without limitation all Intellectual Property Rights.

9. Third Party Beneficiaries – Medical and Legal Contributions

All 10X users who provide answers to legal or medical questions are intended third-party beneficiaries ("Legal & Medical Contributors") of this section of the Terms. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. 10X and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall 10X or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not 10X or its Legal & Medical Contributors is advised of the possibility of such damages. Neither 10X nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Legal & Medical Contributors should add disclaimer language as necessary to comply with their own state's rules.

As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.

Answers to Medical Questions

Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.

If you think you may have a medical emergency, call your doctor or your level emergency number (911 in the United States) immediately.

  • Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
  • You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
  • You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
  • Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
  • Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
  • Content is not regulated by the Food and Drug Administration or any state or national medical board.

Information posted to 10X publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.

Answers to Legal Questions

Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney.

Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.

  • Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
  • You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
  • Content is not regulated by any state or national bar association.
  • Information posted to 10X publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish attorney-client relationship without the express consent of the Legal Contributor.

10. Disclaimers; Limitation of Liability; Indemnity

No Warranties

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 10X DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 10X DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SAFE OR SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. 10X DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. You also agree that 10X has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from 10X or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that 10X is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 10X of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Beta Features

From time to time, 10X may offer new "beta" features or tools with which its users may experiment via the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at 10X's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 10X AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT 10X HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

UNDER NO CIRCUMSTANCES WILL 10X'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR USE OF THE SERVICES in the three (3) month period immediately preceding the initial event giving rise to such a claim, OR, IF YOU HAVE NOT PAID 10X FOR THE USE OF ANY SERVICE, THE AMOUNT OF $10 US OR ITS EQUIVALENT. THESE LIMITATIONS ARE CUMULATIVE FOR ALL CLAIMS HOWSOEVER ARISING UNDER ALL AGREEMENTS.

You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

No Liability for non-10X Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 10X BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Information Verification

10X and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that 10X and its contractors will have no liability to you arising from any incorrectly verified information.

Indemnification & Relief

You agree to indemnify, defend and hold harmless 10X, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, (d) your decision to supply credit information via the Services, including personal financial information, (e) your decision to accept offers via the Services or to accept offers from other users, (f) any breach of contract or other claims made by users with which you conducted business through the Services, (g) any liability arising from the tax treatment of payments or any portion thereof, (h) any negligent or intentional wrongdoing by any user, (i) any act or omission of yours with respect to the payment of fees, (j) your dispute of or failure to pay any invoice or any other payment; (k) any infringement by you of the Intellectual Property Rights of a third party, or (d) your violation of any applicable laws, rules or regulations. 10X reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 10X in asserting any available defenses. If you are using our Services on behalf of a business, that business accepts these Terms. This defense and indemnification will survive this Agreement and your use of the Services.

You acknowledge and agree that any violation of this Agreement may cause 10X irreparable harm, and therefore agree that 10X will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that 10X may have for a breach of this Agreement. 10X reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by 10X.

11. Dispute Resolution

Arbitration

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and 10X, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and 10X are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and 10X otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and 10X otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 10X submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. 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's award damages must be consistent with the terms of the "Disclaimers; Limitation of Liability; Indemnity" section above as to the types and the amounts of damages for which a party may be held liable.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

12. Payment

To the extent you use a feature of our Service that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. When you provide credit card or other payment information to 10X, you represent to 10X that you are the authorized user of the credit card or other payment method. You will promptly update your account information with any changes in your payment information. You agree to pay 10X in accordance with the terms set forth on the Site and this Agreement, and you authorize 10X or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.

If you dispute any charges you must let 10X know within sixty (60) days after the earlier of the date that (i) 10X invoices you, or (ii) 10X charges you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. 10X may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on 10X's net income. If 10X terminates your access to the Services because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

13. Term and Termination

The Terms will continue to apply until terminated by either you or 10X as follows.

You may end your legal agreement with 10X at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform 10X when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or our policies, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 5, 7-13, and 15. In the event your access to the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to 10X by you will be nonrefundable.

Nothing in this section shall affect 10X's rights to change, limit or stop the provision of the Services without prior notice, as provided above.

14. Copyright Policy

10X respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

The above information must be submitted to the 10X DMCA agent by mail and email to the addresses listed below. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Fearless Little LLC, Attn: Copyright Agent, 3824 Cedar Springs Rd #801-4658, Dallas, TX 75219, email:[email protected].

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, 10X will also terminate a user's account if the user is determined to be a repeat infringer.

15. General Terms

Waiver and Severability

The failure of 10X to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Ada County, Idaho or the United States District Court for the District of Idaho, for any actions not subject to the "Dispute Resolution" section, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Other

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law.

Entire Agreement

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with 10X in connection with the Services, shall constitute the entire agreement between you and 10X concerning the Services, and supersede any prior agreements. Any amendment to or waiver of these Terms must be made in writing and signed by us.

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Services may indicate). If the revision, in our sole discretion, is material we will notify you via a notification or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

Effective: August 25, 2018