Website Terms of Use

The website located at Outlast.earth is a copyrighted work belonging to Outlast Inc. (“Company”, “Outlast”, “us”, “our”, and “we”). Access and use of this website and its related services and web pages (collectively, the “Site”) are provided by Outlast to you on the condition that you accept these Terms of Use, and by accessing or using this Site, you agree to these Terms of Use. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER IN SECTION 13, WHICH AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13, YOU AND OUTLAST AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT.

THESE TERMS OF USE (THESE "TERMS") SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

WE RESERVE THE RIGHT AT ANY TIME TO CHANGE: (I) THESE TERMS OF USE; (II) THIS SITE, INCLUDING TERMINATING, ELIMINATING, SUPPLEMENTING, MODIFYING, ADDING OR DISCONTINUING ANY CONTENT OR FEATURE OR DATA OR SERVICE ON OR AVAILABLE THROUGH THIS SITE OR THE HOURS THAT THEY ARE AVAILABLE; AND (III) THE EQUIPMENT, HARDWARE OR SOFTWARE REQUIRED TO USE AND ACCESS THIS SITE.

ANY CHANGES WE MAKE TO THESE TERMS OF USE WILL BE EFFECTIVE AS DESCRIBED IN SECTION 14.1. YOUR CONTINUED USE OF THIS SITE AFTER SUCH NOTICE WILL BE DEEMED ACCEPTANCE OF SUCH CHANGES. BE SURE TO RETURN TO THIS SITE PERIODICALLY TO ENSURE YOU ARE FAMILIAR WITH THE MOST CURRENT VERSION OF THESE TERMS OF USE.

YOU MAY NOT INTERFERE WITH THE SECURITY OF, OR OTHERWISE ABUSE THIS SITE OR ANY SYSTEM RESOURCES, SERVICES OR NETWORKS CONNECTED TO OR ACCESSIBLE THROUGH THIS SITE. YOU MAY ONLY USE THIS SITE FOR LAWFUL PURPOSES.

1. Accounts; Jurisdiction

1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 9.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of

security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, you may not enter into this agreement or use this Site.

1.4 Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction whether your use of this Site is allowed.

1.5 We make no representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

1.6 We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other products provided.

2. Access to the Site

2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

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

2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. User Content; Code of Conduct

3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You

assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

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

3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means, or enter restricted areas of Company’s computer systems or perform functions that you are not authorized to perform; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

(c) You agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation) in connection with your use of the Site, and not to take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

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

4. Indemnification

You agree to defend, indemnify and hold Company (and its officers, directors, employees, and agents) harmless, including costs and reasonable attorneys’ fees, from any and all claims, demands, liabilities, losses, and expenses made by any third party arising out of or relating to: (a) your use of the Site; (b) your breach or violation of these Terms; (c) your violation of any applicable laws or regulations; (d) your User Content; or (e) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This indemnification will survive any termination or expiration of these Terms.

5. Availability; Currency of Website

5.1 While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Site, or any part thereof, with or without prior notice for any reason, and you shall not be entitled to any refunds of fees for interruption of this Site.

5.2 Outlast updates the information on this Site periodically. However, Outlast cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Outlast may revise, supplement or delete information, services and/or the resources contained on this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

6. Third-Party Links & Ads; Other Users

6.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

6.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether

provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

6.3 Release. You hereby release and forever discharge Company (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

7. Disclaimers

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

OUTLAST SHALL HAVE NO LIABILITY FOR INTERRUPTIONS OR OMISSIONS IN INTERNET, NETWORK OR HOSTING SERVICES AND DOES NOT WARRANT THAT THE SITE OR THE SERVICES WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY OUTLAST ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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

8. Limitation on Liability

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

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site. Outlast shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site, or your downloading of any user materials or other content from this Site. Outlast recommends that you install appropriate anti-virus or other protective software.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3.2, and Sections 4 through 14.

10. Copyright Policy (DMCA Notice and Takedown)

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent can be contacted at support@outlast.earth.

11. Privacy

Outlast is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.

12. Our Materials

This Site is owned and operated by Outlast in conjunction with others pursuant to contractual arrangements. Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Outlast and its licensors. ALL RIGHTS RESERVED.

Outlast may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, “Outlast Materials”) available to you from this Site from time to time. If you download or use Outlast Materials, you agree that such materials are licensed for your limited personal use only and are not sold or assigned, and: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work, or otherwise exploited without Outlast’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Outlast does not transfer either the title or the intellectual property rights to the Outlast Materials, and retains full and complete title to the Outlast Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Outlast Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Outlast Materials into a human-perceivable form. Outlast or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by Outlast. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. This Site (including its organization and presentation and the Outlast Materials) is the property of Outlast and its licensors and may be protected by intellectual property laws, including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.

13. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. This Section 13 (the “Arbitration Agreement”) applies to and governs any dispute, claim or controversy arising out of or relating to these Terms, the Site, or the relationship between you and Company (each, a “Dispute”), except as expressly provided in Section 13.3. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

13.1 Informal Dispute Resolution. Before initiating any arbitration or court proceeding, you and Company agree to first attempt to resolve any Dispute informally for at least sixty (60) days. To begin, you must send a written notice of Dispute to support@outlast.earth (and, for a notice from Company, to the email address associated with your Account) describing the nature and basis of the claim and the relief sought. If the Dispute is not resolved within sixty (60) days, either party may proceed as set forth below. The statute of limitations and any filing-fee deadlines will be tolled while the parties engage in this informal process.

13.2 Agreement to Arbitrate. Except for the Disputes described in Section 13.3, you and Company agree that any Dispute that is not resolved through the informal process in Section 13.1 will be resolved exclusively through final and binding individual arbitration, rather than in court. You and Company waive the right to have any Dispute decided by a judge or jury in court, except as otherwise provided in this Arbitration Agreement.

13.3 Exceptions. Notwithstanding the foregoing, the following are not subject to mandatory arbitration: (a) an individual action brought in small claims court, so long as it remains an individual action in that court; (b) an action 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 intellectual property rights; and (c) a request for emergency equitable relief before a court to maintain the status quo pending arbitration, which shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

13.4 Arbitration Rules and Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules then in effect, as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The seat of the arbitration shall be New York County, New York; however, if you are a consumer, you may elect to have the arbitration conducted by telephone, by video, based solely on written submissions, or in person in the county of your residence. The arbitrator will have the authority to grant any remedy that would be available in court on an individual basis. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules and applicable law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Any issue concerning the enforceability, validity, or scope of this Arbitration Agreement shall be decided by the arbitrator, except that the enforceability of the class and consolidated-action waiver in Section 13.6 shall be decided by a court.

13.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise provided herein. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

13.6 Waiver of Class or Consolidated Actions. ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a court decides that applicable law precludes enforcement of any of this Section 13.6’s limitations as to a particular Dispute or a particular claim for relief, then that Dispute or claim (and only that Dispute or claim) shall be severed from the arbitration and may be brought in court.

13.7 Coordinated or Mass Arbitrations. If twenty-five (25) or more similar demands for arbitration, presented by or with the assistance or coordination of the same or coordinated counsel or entities, are submitted against Company,

the parties agree that the demands may be administered in batches of up to fifty (50) demands per batch, with a single arbitrator presiding over each batch, in order to promote the efficient resolution of such Disputes. This Section 13.7 does not limit either party’s substantive rights and is intended to be enforced to the fullest extent permitted by applicable law.

13.8 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential to the extent permitted by law. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

13.9 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

13.10 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

13.11 Survival. This Arbitration Agreement will survive the termination of your relationship with Company.

13.12 Your Right to Opt Out of Arbitration. You have the right to opt out of this Arbitration Agreement (other than the jury-trial waiver) within thirty (30) days after first accepting these Terms by sending written notice of your decision to opt out to support@outlast.earth with the subject line “Arbitration Opt-Out,” including your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Company may require the other to arbitrate, and any Disputes will instead be resolved in court as provided in Section 13.13. Opting out has no effect on any other provision of these Terms.

13.13 Courts. In any circumstances where this Arbitration Agreement permits or requires the parties to litigate in court, the parties hereby agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, New York, for such purpose, and waive any objection to such courts on the grounds of inconvenient forum.

14. General

14.1 Changes. These Terms are subject to occasional revision. If we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.2 Governing Law. These Terms and any Dispute arising out of or related to them or the Site shall be governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement in Section 13. The

application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

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

14.4 Disclosures. Company is located at the address in Section 14.7. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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

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

14.7 Copyright/Trademark Information. Copyright © 2026 Outlast Incorporated. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Outlast’s address is: One South Church, 1 S Church Ave Suite 1200, Tucson, AZ 85701.

14.8 Contact Information. Email: support@outlast.earth · Phone: +1 844 947 2140 · Address: One South Church, 1 S Church Ave Suite 1200, Tucson, AZ 85701.