TERMS OF SERVICE

ACCEPTANCE OF THE TERMS OF SERVICE

The following terms and conditions (“Term”) apply to your use of the websites of Human Mode, LLC. And its affiliates (“Human Mode”, “we”, “us” or “our”), including any content, functionality, products, games, application, and services offered on or through such websites (collectively, the “Website”), whether as a guest or a registered user. These Terms also apply to your use of other Human Mode services that display or include these Terms (“Additional Services”). In these Terms, the Website and Additional Services are collectively referred to as the “Services”.

Please read these Terms carefully before you start to use the Services. By accessing or using the Services, you represent that (a) you have read, understand, accept and agree to be bound and abide by the Terms of Service; (b) you are of legal age to form a binding contract with Human Mode; and (c) you have the authority to enter in to the Terms of Service personally or on behalf of the company to the Terms of Service If you do not want to agree to these Terms of Service, you must not access or use the Services.

In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Human Mode, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.

The Terms of Service limit the remedies that may be available to you in the event to a dispute.

Please read the Health and Safety Warnings below, especially if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.

PRIVACY NOTICE

In using the Services, you may be required to provide Human Mode with certain personally identifiable information, retention and use of which are subject to Human Mode’s Privacy Policy, which is incorporated herein by reference and can be found at https://www.humanmode.com/privacypolicy, which also governs your use of the Services, to understand our practices.

CHANGES TO THE TERMS OF SERVICE

1. Changes to Terms. Please note that the Terms are subject to change by Human Mode in its sole discretion at any time. Human Mode may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services following the posting of revised Terms constitutes your acceptance and agreement of such change(s). We may update these Terms from time to time; you should check this page regularly to take notice of any changes.

2. Modifications to Services. You understand that our Services are evolving. As such, Human Mode also reserves the right, and its discretion to change, modify, update, suspend, restrict, or alter access to any features or parts of the Services, and may require that you download and install updates to the Services, at any time, without notice or liability to you.

You also understand and agree that any such changes or updates to the Services might change the system specifications necessary to use the Services, and in such case, you, and not Human Mode, are responsible for downloading or purchasing updates or any necessary additional software and/or hardware in order to access and use the Services or certain games, services, or functionality. The terms of use of such software may be subject to separate agreement between you and Human Mode. You acknowledge that when an upgrade is available, previous versions of the Services may cease to be available or no longer be supported by Human Mode.

ACCESSING THE SERVICES AND ACCOUNT SECURITY

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you.

Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.

To access certain Services, you may be required to become a Registered User. For purposes of the terms, a “Registered User” is a user of Human Mode’s Services (“User”) who has registered an account on the Application (“Account”). You will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify Human Mode (via privacy@humanmode.com) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own Account. Users do not own their Accounts, and gifting or otherwise transferring of Accounts or access keys is prohibited.

INTELELCTUAL PROPERTY RIGHTS

The Services, including all content, features, and functionality thereof, are owned by Human Mode, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary right laws.

Subject to your agreement, and continuing compliance with these Terms, and any other relevant Human Mode policies, Human Mode grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to download, install and use a copy of the Services on a single computer that you own or control and to run such copy of the Services solely for your own personal, non-commercial, entertainment purposes only or legitimate business purposes related to your role as a current or prospective customer of Human Mode. You agree not to use the Services for any other purpose. Except as provided below, you must not copy, modify, exchange, transfer, assign or otherwise distribute anything you copy, create, buy or derive from the Services, or create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services, unless you are expressly permitted with a written approval by Human Mode. However, if you are otherwise compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.

You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or us of the Services or any services or materials available through the Services.

For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.

RULES OF CONDUCT

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Human Mode’s sole judgement).

Any use of the Services in violation of these limitations set out in this Section is strictly prohibited and can result in the immediate revocation of your license and may subject you to liability for violations of law. Human Mode reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Services itself. Human Mode reserves the right to take actions as result, which may include terminating your Account and prohibiting you from using the Services. Such actionable violations are set forth in the following rules where you agree that you will not, under any circumstances:

1. Engage in any act that Human Mode deems to be in conflict with the spirit or intent of the Services or make improper use of Human Mode’s support services;

2. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software, code or other device designed to modify or interfere with the Services, without Human Mode’s express written consent, modify or cause to be modified any files that are a part of the Services;

3. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Services or any other Human Mode game or application environment;

4. Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Services. Or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;

5. Attempt to gain unauthorized access to the Services, Accounts registered to other users, or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Human Mode, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.

6. Post any content or information that is: abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive, a violation of the rights of any third party; or contains nudity, excessive violence, offensive subject matter, links to such content or links to content not created by Human Mode;

7. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including, but not limited to, Human Mode’s employees;

8. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, or other right of any person or entity or impersonates any other person, including, but not limited to, Human Mode’s employees;

9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Human Mode, except to the extent that such activities may not be prohibited by law, and in such circumstances provided that the information you obtain during such activities is:

a. only used for the purpose of achieving the inter-operability of the Services with another software program;

b. not disclosed or communicated to any third party without Human Mode’s prior written consent; and

c. not used to create any software that is the same or similar to the Services.

10. Solicit or attempt to solicit personal information from Users or other users of the Services or collect or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Services;

11. Use the Services in any way that could be considered illegal or immoral, which in some jurisdictions would include gambling or wagering;

12. Breach any technology control or export laws and regulations that apply to the technology used or supported by the Services;

13. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;

14. Use the Services for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation; or

15. Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Services (including your Account), or access to or use of the Services.

USER CONTRIBUTIONS

The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display or transmit to Human Mode and other Users (“Post”) Content or materials (“User Contributions”) on or through the Services.

All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant Human Mode a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media; however, Human Mode will only share personal information that you provide in accordance with Human Mode’s Privacy Notice found at https://www.humanmode.com/privacypolicy.

You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Human Mode takes no responsibility and assumes no liability for any content Posted by you or any third party.

Human Mode has the right but not the obligation to monitor and edit or remove any User Contributions. Human Mode also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

USER INTERACTIONS

1. Interactions with Other Users. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Human Mode reserves the right, but has no obligation, to be come involved in any way with these disputes. You will full cooperate with Human Mode to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Human mode access to any password-protected portions of your Account.

2. Release. If you have a dispute with one or more users, you release Human Mode (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

NO OBLIGATION TO PRE-SCREEN USER CONTENT

1. Type of Content: You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Human Mode, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Users of the Services, and not Human Mode, are similarly responsible for all Content they Make Available through the Services (“User Content”). Accordingly, Human Mode assumes no responsibility for the conduct of any User Content.

2. No Obligation to Pre-screen Content. You acknowledge that Human Mode has no obligation to pre-screen Content (including, but not limited to, User Content), although Human Mode reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Human Mode pre-screens, refuses or removes any Content, you acknowledge that Human Mode will do so for Human Mode’s benefit, not yours. Without limiting the foregoing, Human Mode shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

LINKING

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

HEALTH AND SAFETY WARNINGS

In the event you use a virtual reality headset in connection with your use of or participation in the Services (a “Headset”), please read the warnings in this section below carefully before using the Headset or the Services to reduce the risk of personal injury, discomfort or property damage. By using the Services, you represent and warrant that you have read and understand these warnings and instructions. We may update or revise these warnings and instructions, so please review them periodically.

1. Before using the Headset. Review the hardware and software recommendations for use of the Headset. Your Headset and the Services are not designed for use with any unauthorized device, accessory and/or software. Use of an unauthorized device, accessory and/or software may result in injury to you or others, may cause performance issues or damage to your system and related services. Before using the Headset, please read and follow all setup and operating instructions provided by the manufacturer of the Headset. People who are prone to motion sickness in the real world may have an heightened risk of experiencing discomfort while using a Headset in connection with the Services. Such individuals should take extra care to read and following these warnings carefully. Human Mode recommends seeing a doctor before using the Headset in connection with the Services if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.

2. General Instructions and Precautions. Use only in a safe environment. The use of Headsets distracts you from and completely blocks your view of your actual surroundings. Always be aware of your surroundings when using a Headset. Take special care to ensure that you are not near other people, objects, stairs, balconies, windows, furniture, or other items that you can bump into or knock down when using – or immediately after using – a Headset. Take at least a 10 to 15-minute break every 30 minutes, even if you do not think you need it. Each person is different, so take more frequent and longer breaks if you feel discomfort. Listening to sound at high volumes can cause irreparable damage to your hearing. Background noise, as well as continued exposure to high volume levels, can make sounds seem quieter then they actually are. Due to the immersive nature of the virtual reality experience in the Services, do not use a Headset with the sound at high volume so that you can maintain awareness of your surroundings and reduce the risk of hearing damage.

3. Seizures. Some people may have severe dizziness, seizures, epileptic seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people under the age of 20. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before using a Headset in connection with the Services.

4. Discomfort. Immediately discontinue use of your Headset when using the Services if anyone using the Headset experiences any of the following symptoms: seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, lightheadedness, discomfort or pain the head or eyes, fatigue, or any symptoms similar to motion sickness. Playing video games can make your muscles, joints or skin hurt. If any part of your body becomes tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again. If you continue to have any of the above symptoms or other discomfort during or after play, stop playing and see a doctor.

5. Children. The Headset should not be used by children under the age of 10. Adults should make sure children (age 10 and older) use the Headset in accordance with these health and safety warnings including making sure the Headset is used as described in the Before Using the Headset section and the General Instructions and Precautions section. Adults should monitor children (age 10 and older) who are using or have used the Headset for any of the symptoms described in these health and safety warnings (including those described under the Discomfort section), and should limit the time children spend using the Headset and ensure they take breaks during use.

DISCLAIMER OF WARRANTIES

Generally. The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Human Mode on an “as is” and “as available” basis. Human Mode makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Human Mode disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Human Mode does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Human Mode’s Servers, or electronic communications sent from Human Mode are free of viruses or other harmful components.

Disclaimer of Other Users. You are solely responsible for all of your communications and interactions with other users of the Services. You understand that Human Mode does not make any attempt to verify the statements of users of the Services.

LIMITATION OF LIABILITY

1. Exclusion. Nothing in these Terms shall affect your legal rights as a consumer or exclude or limit and liability for death or personal injury arising from any negligence of Human Mode, fraud or fraudulent misrepresentation or any other liability which cannot be legally excluded or limited.

2. Types of Damages. Human Mode shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including, but not limited to , loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any to these Terms or the Services itself, where based on contract, tort or any other legal theory, and whether or not Human Mode has been advised of the possibility of such damages.

3. Cap on Damages. Subject to the Section 1 - Exclusion above, Human Mode shall not be reliable to you for more than the amount you have paid (if any) to Human Mode in accordance with these Terms in the twelve (12) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Human Mode during such time period, your sole remedy (and Human Mode’s exclusive liability) for any dispute with Human Mode is to stop using the service and to cancel your account.

4. User Content. Human Mode assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content and user content), user communications or personalization settings.

5. Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Human Mode and you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the disclaimers and limitations included in these Terms may not apply to you. To the extent that Human Mode may not, as a matter of applicable law, disclaim any warranty or limits its liability as set forth in these Terms, the scope of such warranty, and the extent of Human Mode’s liability, shall be the minimum permitted under such applicable law.

DISPUTE RESOLUTION

1. Applicability. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Human Mode that cannot be resolved informally shall be governed by Oklahoma law and resolved by the federal courts of the United States or the courts of Oklahoma, in each case located in Oklahoma County, where Human Mode is located, which applies to you and Human Mode, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services provided under the Terms.

2. Notice Requirement. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A notice to Human Mode should be sent to: 4005 NW Expressway, Suite 610, Oklahoma City, Oklahoma 73116. After the Notice is received, you and Human Mode may attempt to resolve the claim or dispute informally. If you have Human Mode do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

3. Waiver of Class or Consolidated Actions. All claims and disputes within the scope must be litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be litigated jointly or consolidated with those of any other customer or user.

4. Survival. This section will survive the termination of your relationship with Human Mode.

INDEMINIFICATION

You agree to defend, indemnify, and hold harmless Human Mode, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from: (a) your User Contributions; (b) Your Content; (c) your use of, or inability to use, the Services; (d) your violation of these Terms; (e) your violation of any applicable laws, rules or regulations.

Human Mode 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 even you will fully cooperate with Human Mode in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Human Mode’s Services.

WAIVER AND SEVERABIILTY

No waiver of these Terms by Human Mode shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Human Mode to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

TERM AND TERMINATION

1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms.

2. Termination of Services by you. If you want to terminate the Services provided by Human Mode, you may do so by (a) notifying Human Mode at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Human Mode’s e-mail address set forth below.

3. Effect of Termination. Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also included deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Services, your right to use such Services will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Human Mode will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

REMEDIES

1. Violations. If Human Mode becomes aware of any possible violations by you of the Terms, Human Mode reserves the right to investigate such violations. If, as a result of the investigation, Human Mode believes that criminal activity has occurred, Human Mode reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Human Mode is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Human Mode’s possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Content violates the rights of third parties; (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Human Mode, its Users or the public, and all enforcement or other government officials, as Human Mode in its sole discretion believes to be necessary or appropriate.

2. Breach. In the event that Human Mode determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Services, Human Mode reserves the right to:

a. Warn you via email (to any e-mail address you have provided to Human Mode) that you have violated the Terms;

b. Delete any of Your Content provided by you or your agent(s) to Human Mode’s Services;

c. Discontinue your registration(s) with any of the Services, including Human Mode community;

d. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

e. Pursue any other action which Human Mode deems to be appropriate.

3. No Subsequent Registration. If your registration(s) with or ability to access the Services, or any other Human Mode community is discontinued by Human Mode due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Human Mode community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Human Mode reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

GENERAL PROVISIONS

1. Assignment. Human Mode may assign or delegate these terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or Privacy Policy without Human Mode’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

2. Governing Law. Human Mode is based in the United States (“U.S”) and our Services are subject to U.S. law. We make no representations or warranties that the Services are appropriate or available for use in other locations. These Terms and any dispute arising out of or related to it or Privacy Policy or the Services shall be governed in all respects by U.S. law, without giving effect to any principles that provide for the application of the law of another jurisdiction.

3. Electronic Communications. The communications between you and Human Mode use electronic means, whether you use Human Mode’s Services or send Human Mode e-mails, or whether Human Mode posts notices on its Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Human Mode in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Human Mode provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

4. Notices. Where Human Mode requires that you provide an e-mail address, you are responsible for providing Human Mode with your most current e-mail address. In the event that the last e-mail address you provided to Human Mode is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Human Mode’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Human Mode at the following address: 4005 NW Expressway, Suite 610, Oklahoma City, Oklahoma 73116. Such notice shall be deemed given when received by Human Mode by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

5. Force Majeure. Human Mode shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Human Mode, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond Human Mode’s control such as acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel , energy, labor or materials.

6. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Human Mode as a result of these Terms or your use of the Service.

7. Survival. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

8. Export Control. You may not use, export, import, or transfer Human Mode’s Services except as authorized by the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. You also will not use the Services for any purpose prohibited by any applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Human Mode are subject to the laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior government authorization, export, re-export, or transfer Human Mode’s Services including products, services, technology, or games, either directly or indirectly, to any country in violation of such laws and regulations.

GENERAL QUESTIONS

For general questions, contact us at https://www.humanmode.com/contact.