Terms and Conditions

Terms and Conditions of Use of the Zena Software Laboratories WIKI Website

Welcome to the Pocket 409A website, operated by Zena Software Laboratories LLC ("Zena Labs," "we," "us," or "our") and located at www.pocket409A.com or any mobile or tablet application made available by Zena Labs (the "Site"), including each page accessible through the Site. The Site is provided as a service to our customers and is a platform for sharing and building upon information among the legal, business, and services community. The following terms and conditions of use ("Terms of Use") govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms of Use, that you agree to them and any agreements incorporated by reference and intend to be legally bound by them. If you do not agree to these Terms of Use, or if you are under the legal age of consent in your state or jurisdiction, you are not granted permission to use this Site and must exit immediately.

NOTICE OF ACCESSIBILITY. If you are having trouble accessing the Site or its mobile application or any portion thereof, please call our Customer Service Team at hello@pocket409A.com for assistance.

1. Informational Purposes Only. The Site and Site Contents (as defined in Section 3 below) are for informational purposes only. These Terms of Use and Site Content do not create any agency relationship between you and us, including, but not limited to employment, partnership, joint venture, or any other agency. The Site is a platform for sharing information. The Site is not intended to be a substitute for professional legal or other advice and we do not provide any such advice or assurances. Purchasing and other decisions remain with you at all times. We are not responsible for any errors or omissions in the Site or Site Contents. Users make their own accounts and are responsible for their own content. However, Zena Labs reserves the right to delete, restrict access to, edit or terminate any account or Site Content without notice. We do not verify the accuracy or completeness of any of Site Contents and are not liable for any incomplete or inaccurate Site Content.

2. Registration. In order to access certain content, services, or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to select or submit a user name and password. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your phone number, address, email address, gender, and age. Any personal information that you provide to us via the Site is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference as if set forth fully herein. You may only create and use an account for your own personal use and not for any commercial use. The use of your account, this Site, or any Site Content is pursuant to these Terms of Use and is at your own risk. Attorneys that submit Site Content and provide advice do so at their own risk.

3. Proprietary Rights. We own or license from a licensor all materials, including information, Comments (as defined in Section 8), images, illustrations, designs, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the Site ("Site Contents" or "Site Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Contents. All Site Contents are protected pursuant to copyright, trademark, patent and other applicable laws and are owned by us or our licensors. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Contents. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to us or our affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Contents, other than the right to use the Site Contents in accordance with these Terms of Use for the purpose of shopping or placing orders with us.

Procedure for Making and Responding to Claims of Copyright Infringement:

Our goal is to provide a platform for sharing and building upon information among the legal, business, and services community, pursuant to limitations and restrictions of these Terms of Use. To that end, we want to ensure that any content uploaded on our Site is not infringing on the proprietary rights of others. We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to our designated agent (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify us by contacting the Designated Agent.

To give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) 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 on the Site; (4) information reasonably sufficient to permit Site to contact the complaining party, such as an address or telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Sandra Cohen, Esq.

Address:

Cohen & Buckmann

200 Park Avenue – Suite 1700 New York, NY 10166

Email: sandra@cohenbuckmann.com

Phone: 212-489-9618

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that this material has removed or had access disabled. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on the Site. Should that occur, you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a U.S. federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by the misrepresentation as a result of reliance upon the misrepresentation by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

4. Not Legal Advice. Zena Labs provides an online legal portal to give you a general understanding of the law and to provide resources so that you may prepare your own legal documents, and come to your own legal conclusions. Zena Labs, this Site, and the Site Contents are not a substitute for the advice or services of an attorney. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts, this Site and the Site Contents are not suitable as legal advice and is not guaranteed to be correct, complete, or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our Site Content, you should consult a licensed attorney in your area. This Site and the Site Contents are not intended to create any attorney-client relationship, and your use of this Site and the Site Contents does not and will not create an attorney-client relationship between you and Zena Labs. Instead, you are and will be representing yourself in any legal matter you undertake utilizing any part of the Site and the Site Contents. Attorneys that submit Site Content and provide advice do so at their own risk.

5. Content Ownership. Once you post anything to the Site and it becomes Site Content, we will own all the content. All rights, title, and interest in and to the Site Content are owned by Zena Labs. You may create your own account to post private notes and public notes that can be viewed by others. All notes, private and public, are Site Content and is owned by Zena Labs. To the extent ownership cannot be assigned, retained, or transferred under applicable law, you hereby grant us a non-exclusive, royalty-free, fully paid-up, worldwide, irrevocable, perpetual, sublicensable, and assignable license to use, exploit, reproduce, create derivative works of, and improve the content and any feedback, ideas, concepts, or content provided by the users to us through the site or communications to us. We do, however, grant you the permission to view, copy and print Site Contents for your personal use, as described in the Terms of Use. Any unauthorized use may violate trademark or copyright laws, or privacy or other regulations and statutes.

6. Limitations on use and reproduction of the Site or the Site Contents. You are prohibited from reproducing or otherwise using the Site, including any Site Content thereon (and the Terms of Use) for their own business purposes. Further, you agree to limit your contributions to the Site Content in order to avoid harassing or abusing others, violating any terms of this Terms of Use or privacy policy incorporated herein, providing false content which includes impersonating others and fraud, solicitation of information from others or otherwise infringing upon or violating the privacy of others, committing infringement, or providing content that you were paid to provide without disclosure.

7. Use of This Site. The Site and the Site Contents are intended solely for personal, informational, and non-commercial use and not for any other use. EXCEPT AS EXPRESSLY AGREED UPON IN A SEPARATE WRITTEN AGREEMENT SIGNED BY ZENA LABS AND YOU, YOU MAY NOT USE OUR content, services, or benefits on the Site, OR ANY OF THE MATERIALS MADE AVAILABLE THROUGH THE SITE FOR ANY REASON OTHER THAN PERSONAL, INFORMATIONAL, AND NON-COMMERCIAL USE. You agree that you will not use the Site for any other use, including but not limited to: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Contents, unless otherwise authorized by these Terms of Use or in a separate written agreement with us; (c) attempting to gain unauthorized access to our computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Contents for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes; (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Contents; or (h) any direct or indirect financial gain related to a commercial use. You may use the Site and the Site Contents only as consistent with these Terms of Use. Any other use of the Site or Site Contents, including any of the aforementioned unauthorized uses, without our prior written permission is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Contents could irreparably harm us and the Site and that, in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.

8. User Comments, Feedback, and Other Submissions. Certain features of the Site may allow you to contribute other materials and information for access, use, viewing and commentary by other users to the Site, including private notes viewable by only you and public notes that can be viewed by others (collectively, "Comments"). By posting Comments, you represent that you have the full legal right to provide those Comments and that use of the Comments by us and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Zena Labs does not want you to submit confidential or proprietary information to us, to the Site or cause any of the same to become Site Content. All submissions that are caused to become Site Content shall be considered non-confidential and owned by Zena Labs as described herein. All Comments are Site Content owned by Zena Labs.

Upon your submission of Comments or other material or information to us, you grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever. For the avoidance of doubt, we shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay any compensation for any Comments; or (3) respond to any Comments. While also contributing to legal commentary with respect to sharing your knowledge and understanding on the Site, you are under an obligation to not mislead or misinform others and you agree to provide content that is an accurate portrayal of the facts, law, or other content and provide sources for such content.

Additionally, except as consistent with your license, you shall not, and agree not to, unilaterally revoke or seek invalidation of any license granted under this Terms of Use, even if we suspend, delete, restrict access to, or terminate any account or Site Content without notice.

If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedures in Section 9 of these Terms of Use.

9. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify us through email at hello@pocket409A.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

10. Third Party Websites and Features. The Site may contain links to other websites for the convenience of users in locating information, content, products, or services that may be of interest. Links to other websites, including those of our contributors, service providers, suppliers or vendors, do not constitute sponsorship, endorsement, or approval from us of the content, policies, or practices of such linked sites. The Site may also incorporate features and services provided by third parties, such as payment processing. Linked sites and incorporated features and services are not operated, controlled, or maintained by us and we are not responsible for the availability, content, security, policies, or practices of linked sites, including privacy policies and practices. Links to other sites are provided for your convenience only and you access them at your own risk.

11. Changes in Terms of Use and Termination. We have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions governing your access to or use of this Site. These revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the revised or additional terms and conditions on this Site. You are responsible for reviewing this Site periodically for any modification to these Terms of Use that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by us to these Terms of Use. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS OF USE SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms of Use by any party other than us shall be valid or enforceable against us unless expressly agreed to in writing signed by a duly authorized officer of our company. We may suspend or terminate your account and your ability to use the Site, or any services on the Site, for failure to comply with these Terms of Use, for providing us with untrue or inaccurate information about yourself, for infringement upon our proprietary rights, or for any reason whatsoever or for no reason.

12. Disclaimers. We, our subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Contents, Comments, data, links, advertisements or other items contained within the Site. We do not warrant that the content is error or defect free. Your use of the Site and the Site Contents or any services that stem therefrom are at your sole risk. The Site and Site Contents are provided on an "as is" and "as available" basis. We reserve the right to immediately remove any Site Contents or Comments for any reason, or for no reason. We cannot and do not review all communications, or services made available on or through the Site, but, although not obligated to, we may review, verify, make changes to or remove any Comments, Site Contents, or the Site, including information submitted in connection with the Site Contents or other features at any time, with or without notice in our sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Contents or Comments and that you may not rely on the Site Contents or Comments. THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION, AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE ARE MADE AVAILABLE OR PROVIDED "AS IS" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENTS, SERVICES, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE OR PROVIDED THROUGH THE SITE, IS WITH YOU.

13. Termination and Right to Refuse. We reserve the right to suspend, edit, delete, restrict access to, or terminate any account or Site Content without notice. You also acknowledge the right of Zena Labs to refuse service to anyone and to cancel user access at any time. Even after such suspension, deletion, restriction of access, or termination, these Terms of Use will remain in effect.

14. Limitations of Liability. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES, LOST PROFITS, OR DIMINUTION OF VALUE, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA, AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EITHER OF US HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, COMMENTS, THE SITE CONTENTS MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU TO US DURING THE YEAR PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

15. Exceptions to Limitations and Exclusions of Liability. Please note that some jurisdictions, including New Jersey, do not permit some of the limitations or exclusions of liability set forth in Sections 12, 13, and 14 above - including, in New Jersey, limitations of warranties for consumer products and services. Accordingly, some of the foregoing exclusions may not apply to you. We encourage you to consult a local attorney for legal counsel on these issues. If any of the limitations or exclusions of liability set forth in these Terms of Use is deemed invalid or unenforceable for any reason, then the limitation or exclusion shall apply to the greatest extent permitted by applicable law. If you are dissatisfied with the Site or any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

16. Indemnification. You agree to defend, indemnify, and hold harmless us, our contributors, our vendors, owners, affiliates, related entities, and each of their respective directors, officers, members, shareholders, employees, contractors, representatives, and agents (“Indemnitees”) from and against any and all losses, damages, liabilities, fines, penalties, interest, awards, judgments, costs, and expenses (including reasonable attorneys' fees, experts’ fees, and costs of litigation) (together, “Losses”) incurred by any Indemnitee in connection and together with any and all claims, causes of action, demands, proceedings, investigations, or administrative actions (each, a "Claim") arising out of or relating to your use of the Site, the Site Contents, or any services, or data obtained by you or on your behalf through the Site, as well as your fraud, violation of law, negligence, willful misconduct, and any breach by you of these Terms of Use. You may not settle any Claim without our prior written consent. We (or our licensors) may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel and to participate in the defense of any Claim. If we (or our licensors) do not notify you that we (or they) elect to undertake the defense of a Claim, you shall have the right to defend the Claim with counsel reasonably acceptable to us (or them).

17. Internet Security. We use commercially reasonable efforts to ensure that the Site is generally available. However, there may be occasions when access to the Site is interrupted or unavailable. We will use reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of materials to, from, or through the Site may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from to, from, or through our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to, from, or through the Site or the Internet, including, for example, personal information such as your name and address.

18. Applicable Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. Subject to Section 21 of this Agreement, by accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. If any provision of these Terms of Use shall be deemed unlawful, invalid or unenforceable for any reason, then that provision shall be deemed severable from the Terms of Use, and shall not affect the validity or enforceability of the remaining provisions. Persons who access the Site from locations outside of the United States are solely and individually responsible for their compliance with applicable local, state, and federal laws. Additionally, you may not access, download, use or export the Site or the Site Contents in violation of United States export laws or regulations or in violation of any other applicable laws or regulations as described above. You agree to comply with all applicable laws, including export laws and restrictions and regulations and assume the sole responsibility to obtain any licenses to export or re-export as may be required.

19. Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms of Use are intended for convenience only and shall in no way affect the interpretation of the Terms of Use. Notwithstanding the foregoing, these Terms of Use and the information provided in this Site in no way override the terms and conditions of your purchase of any service, except as specifically provided herein. To the extent any area within this Site contains SPECIFIC TERMS AND CONDITIONS concerning use of that particular area of the Site ("Specific Terms"), those Specific Terms are in addition to these Terms of Use. To the extent there is a direct conflict between these Terms of Use and the Specific Terms, the Specific Terms shall prevail.

20. Acts Beyond Control. We shall not be liable for any nonperformance or delay in performance caused by any act beyond our reasonable control, including acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

21. Arbitration Agreement and Waiver of Certain Rights. You and Zena Labs agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and the Zena Labs hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Zena Labs relating to these Terms of Use or the Website (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. You agree that any such arbitration is subject to the exclusive jurisdiction of New York and shall be held in the State of New York. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Zena Labs will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude you or Zena Labs from seeking action by federal, state, or local government agencies. You and Zena Labs also have the right to bring qualifying claims in small claims court. In addition, you and Zena Labs retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use. Neither you nor Zena Labs may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Zena Labs’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Zena Labs. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ZENA LABS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

22. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else in these Terms of Use or otherwise, we make no representation that the Site, Site Contents, Comments, services, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of us to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms of Use. Headings used in these Terms of Use are for reference only and shall not affect the interpretation of these Terms of Use. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms of Use or any provision hereof. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."

Dated: October 21, 2019