These Terms of Service (“Terms”) set forth the binding legal agreement between you and C World Enterprises, LLC, (d.b.a. RFLXT), (together with our subsidiaries and affiliates, “RFLXT”, “we”, “us”, or “our”). These Terms govern your use of rflxt.com and all of our related websites (e.g., beta.rflxt.com), mobile apps, downloadable content, products, and services offered by RFLXT and our affiliated entities including any of our experiences, games, plug-ins and browser extensions (collectively, the “Products”). The words “you” and “your” refer to you, the entity or individual that accesses or uses the Products. If you are using the Products on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

These Terms provide important information to you, including your agreement under Section 10 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 10 below. The Terms also cover our limitation of liability to you. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.

We encourage you to review these Terms carefully. By creating an account, checking a box to indicate you agree to these Terms, or otherwise accessing or using the Products in any way, including browsing any RFLXT-owned website, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Products.

1. Using the Products.

1. 1. Who Can Use Them. You must be authorized to use the Products in the jurisdiction in which you reside and you must be at least 13 years or older. Our services are not targeted to children under 13. Use of the Products by anyone that is not authorized or in any manner not in compliance with these Terms is strictly prohibited.
   2. Privacy Notice. Our privacy practices are set forth in our Privacy Notice^[a]. By accessing or using the Products in any way, you understand and acknowledge that we may collect, use, and disclose any information you provide consistent with our Privacy Notice.

2. Your Content

1. 1. Definition of Your Content. The Products may enable you to post materials, including without limitation photos, profile pictures, messages, comments, and testimonials. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on or make available through the Products will be referred to collectively as “Your Content.”
   2. License and Permission to Use Your Content. You hereby grant to us and our licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
   3. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under these Terms. Further, with respect to Your Content in the form of photos, and subject to RFLXT product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for RFLXT Business Purposes. “RFLXT Business Purposes” means any use in connection with a RFLXT product (including the Products) or RFLXT co-branded website, application, publication or service, or any use which advertises, markets or promotes Products, the services or the information it contains, or RFLXT. RFLXT Business Purpose specifically includes the use of Your Content within the Products in connection with features and functions offered by RFLXT to our users that enable them to view and interact with Your Content (such as reviews).
   4. Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content to us or any of our any Products, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with these Terms. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate these Terms, any other RFLXT policies provided to you, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
   5. Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of these Terms). We reserve the right to remove Your Content, in whole or in part, submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
   6. Suggestions. If you elect to provide or make available to us any suggestions, comments, ideas, improvements, or other feedback relating to the Products (“Suggestions”), you grant us the right to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

3. Our Content and Materials.

1. 1. Definition of Our Content and Materials. All intellectual property, technology, content, and materials in or related to the Products (specifically including, but not limited to, our software, the RFLXT marks, and the RFLXT logos) (“Our Content and Materials”) is the property of RFLXT.
   2. Our License to You. Subject to these Terms, including the restrictions below, we grant you a limited, non-exclusive, revocable, non-transferable, non-assignable license to use and access Our Content and Materials in connection with your use of the Products. Except as expressly agreed to otherwise by us (such as your entering into another other agreement with us), your use of the Products must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
   3. No Endorsement or Verification. Please note that the Products may enable access to third-party content, products, and services, and it offers interactions with third parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third parties (including but not limited to the products or services offered by third parties or the descriptions of the products or services offered by third parties). Participation in or availability on the Products does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on or in the Products by anyone.
   4. Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or exploit Our Content and Materials, nor attempt to reverse engineer, decompile, or disassemble Our Content and Materials (except to the extent expressly allowed by applicable law notwithstanding this limitation), without our express written permission. RFLXT’s permission to you for your use of the Products expressly excludes commercial use by you of any information concerning product descriptions for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Products. You may view and print a reasonable number of copies of web pages located on the Products for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to RFLXT.
   5. Ownership. You acknowledge and agree that the Products and Our Content and Materials will remain the property of RFLXT. These, including any content, information and services made available through the Products, are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using or interacting with the Products.

4. Virtual Items, Tokens, NFTs

1. 1. We may offer Virtual Items as an award for certain achievements within the Product gameplay in accordance with the procedures and further terms specified within our sole discretion. “Virtual Item” means any in-game digital awards, capabilities, or other virtual features or items made available by RFLXT and used within the Products. Virtual Items do not have cash value and may have no value outside of the Products.  Such Virtual Items may be modified, replaced, altered, or removed by RFLXT at any time, whether or not they were purchased for consideration or obtained as part of the gameplay. Except as required by law, we will have no responsibility or obligation to refund you for any Virtual Items or NFTs (defined below) that you acquire, license, or purchase from us or through the Products.
   2. Our Product gameplay may allow, or we may otherwise enable you to, license or own certain specific virtual assets, as we may design and release, within our sole discretion, from time to time, in the form of non-fungible tokens issued as blockchain-based tokens (“NFTs”). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within the Products. If we grant you ownership of an NFT, you own all personal property rights to that NFT (e.g., the right to sell, transfer, or otherwise dispose of that NFT), subject to RFLXT’s or our licensors’ underlying intellectual property rights in the NFT or NFT content. Such NFTs are subject to the following policy:

1. 1. 1. 1. Certain NFTs may only be earned within the Products. In addition, we may at any time, but have no obligation to, offer NFTs for sale or otherwise distribute NFTs in such process and pursuant to such terms as we may determine within our sole discretion. This includes, without limitation, the right to provide NFTs at no charge to any individual user or group of users of the Products. Unless otherwise agreed with us in writing, users of the Products have no preferential subscription rights or similar rights in connection with any issuance and/or distribution of NFTs by us.
         2. To purchase NFTs, you must have an active digital wallet (an “NFT Wallet”). Upon registration with us, we may create the NFT Wallet for you (e.g., a Cardano wallet) that you can use in connection with certain Products. We reserve the right, in our sole discretion, not to offer or to cease to offer NFTs for your purchase or to restrict your NFT purchases. NFTs may only be purchased at such purchase price and any NFTs available for purchase may only be purchased by such means and in accordance with such further terms and conditions as we may specify at its sole discretion from time to time.
         3. NFTs are not designed to be transferred other than within and as required by the Products or within secondary markets designated by RFLXT or otherwise allowed by RFLXT. We reserve the right to subject the transfer of NFTs to a dedicated transfer policy, as created at RFLXT’s sole discretion (an “NFT Transfer Policy”). Any applicable NFT Transfer Policy, as in force from time to time, will be made available through the Product.
         4. You acknowledge and understand that your transactions on the NFT Wallet platform are public and that your NFT Wallet address will be associated with these transactions. You further acknowledge and accept that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions on the NFT Wallet platform. After an NFT is initially sold or otherwise released or put into circulation by us, we may have no control over subsequent transactions. Except to the extent required by law, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to NFTs.
         5. NFTs are subject to certain inherent risks, that include, among other things, the following, which you acknowledge and accept to solely bear when acquiring, holding, managing, using, selling and/or otherwise exploiting NFTs:

• • • • There may not be a market with a sufficient number of potential buyers and sellers of NFTs. NFTs may therefore not be liquid and you may not be able to effectively resell NFTs you have acquired. We make no representations or warranties that NFTs can effectively be resold and you should make no representations or warranties either.
      • NFTs may not have a use other than within the Products, if at all.
      • The value of an NFT may be volatile. Virtual currencies and assets can be very volatile and impact the value of NFTs. We make no representations or warranties that any NFTs will retain or increase their value. You might lose money.
      • The NFT Wallet platform may subject your ability to purchase, hold, manage, use sell, and/or otherwise alienate NFTs to costs, fees, deductions or expenses, which you hereby agree to fully and solely bear.
      • The NFT Wallet platform and NFT Wallet accounts may not function properly and may be subject to hacking, malicious software, interruptions and failures. These events may cause delays or failures in your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
      • Laws may apply in certain jurisdictions and new regulations could be enacted that might limit or require changes to the functionality enabled by the NFT Wallet platform, which could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise alienate NFTs.
      • Other changes to the NFT Wallet platform could impact and/or impede on your ability to purchase, hold, manage, use sell, or otherwise exploit NFTs.

1. 1. You will not use, sell, or exploit the NFTs or Virtual Items in violation of these Terms or in any illegal or infringing manner, nor offer, market, or promote any securitization, farming, fractionalization, or other form of financialization of the NFTs or market or promote the NFTs in a misleading or deceptive manner.
   2. If these Terms are terminated following a breach by you, we will have the right, without notice, explanation or liability, to withdraw or otherwise request the transfer to us or a third party as we may determine within our sole discretion: (i) all or individual NFTs (if they are licensed and not sold to you) and/or (ii) all or individual Virtual Items, against such consideration (if any) as we may deem appropriate within our sole discretion.
   3. If our withdrawal right is not exercised in connection with terminating these Terms, you will retain ownership of your NFTs and your Virtual Items. You acknowledge and accept that you may not be able to access, use, benefit from, transfer and/or otherwise dispose of such NFTs and/or Virtual Items following a termination of these Terms. To the greatest extent permitted by law and without limiting the limitation of liability, we will not have any liability for any damage resulting from such loss of access, nor any obligation to refund the purchase price paid for the relevant NFTs and/or Virtual Items to you.
   4. You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use the Products to engage into any such activities and that we make no representation in respect of, or otherwise in connection with, the suitability of Products and/or any output generated by using the Products, to engage into any regulated activity or Products’ or such output’s compliance with laws and regulations applicable to such activities. We do not recommend or advise that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.
   5. In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using the Products and/or any output generated by using the Products.

5. AI Products

1. 1. Some of our Products may include artificial intelligence (AI) and generative AI features that you can interact with, such as a “digital double” engagement offering (such Products, the “AI Products”). By using the AI Products and without limiting the rest of these Terms, you acknowledge that:

1. 1. Artificial intelligence is an emerging technology and the AI Products are offered “as-is”;
   2. AI Products can include errors, inaccurate information, and omissions and you should not rely on the AI Products for accuracy;
   3. We reserve the right to review and monitor your interactions with the AI Products and your interactions may be stored, processed, or otherwise retained by RFLXT and/or its partners or vendors in compliance with applicable law;
   4. Any interactions with the AI Products are a product of artificial intelligence and your interaction with any representation of another individual is not an interaction with that individual; and
   5. Any information relayed from the AI Products is not endorsed by RFLXT.

6. Use Restrictions

1. 1. In addition to the use restrictions otherwise expressed in these Terms, you may not use the Products:

1. 1. 1. in violation of applicable law, rule, or regulation (whether federal, state, local, or international);
      2. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or asking for personally identifiable information;
      3. to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
      4. to impersonate or attempt to impersonate RFLXT, a RFLXT employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
      5. to share receive, or upload content that promotes violence or racism, or that harasses or bullies an individual; or
      6. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Products, or which, as determined by us, may harm RFLXT or users of the Products, or expose them to liability.

1. 2. You agree not to:

1. 1. 1. Use the Products in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Products, including their ability to engage in real time activities through the Products;
      2. Use any robot, spider, or other automatic device, process, or means to access the Products for any purpose, including monitoring or copying any of the material on the Products;
      3. Use any manual process to monitor or copy any of the material on the Products, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
      4. Use any device, software, or routine that interferes with the proper working of the Products;
      5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
      6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Products, the server on which the Products is stored, or any server, computer, or database connected to the Products;
      7. Attack the Products via a denial-of-service attack or a distributed denial-of-service attack; and
      8. Otherwise attempt to interfere with the proper working of the Products.

7. Other Offerings on the Products.

1. 1. Third-Party Services. You may be provided the opportunity on the Products to purchase services that are offered by third parties (collectively “Third-Party Services”). The availability of any Third-Party Services on the Products does not imply our endorsement of the Third-Party Services.
   2. Third-Party Sites. The Products may contain links to other websites (the “Third-Party Sites”) for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

8. Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF RFLXT ENTITIES TO YOU.

THE “RFLXT ENTITIES” MEANS C WORLD ENTERPRISES, LLC AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW IN THIS SECTION 8 APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

1. 3. WE ARE PROVIDING YOU THE PRODUCTS, OUR CONTENT AND MATERIALS,  AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE RFLXT ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
   4. THE RFLXT ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE PRODUCTS, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE RFLXT PRODUCTS, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY RFLXT PRODUCT.
   5. YOU AGREE THAT THE RFLXT ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY AND THAT THE RFLXT ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE RFLXT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE  PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO RFLXT IN CONNECTION WITH THE PRODUCTS IN THE 6-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE PRODUCTS,  OUR CONTENT AND MATERIALS, AND ANY THIRD-PARTY PRODUCT OR SERVICE IS AT YOUR SOLE RISK.

9. Indemnification.

You agree to fully indemnify, defend, and hold the RFLXT Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of or noncompliance with any part of these Terms; (b) any allegation that any materials (e.g., Your Content) you submit to us or transmit to the Products infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Products or other websites to which the Products are linked; (d) your violation of applicable law, rule, or regulation; (e) a dispute between you and another user; (f) damage to property or injury to any person; and/or (g) your negligent or willful misconduct.  You will use counsel acceptable to us in connection with any such claim and will not settle any claim affecting us without our prior written consent.

10. Dispute Resolution.

If you have a dispute with RFLXT, you agree to contact us to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to the Products or involves our services.

1. 6. Binding Arbitration. You and RFLXT agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Products (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and RFLXT both agree to waive the right to a trial by jury.
   7. Class Action Waiver. You and RFLXT agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and RFLXT both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and RFLXT agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
   8. Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (if you use the Products as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the “AAA Rules”), except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).
   9. Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written “Demand for Arbitration” as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
   10. Arbitration Location and Procedure. The seat of the arbitration shall be in Los Angeles, CA or in such other location as mutually agreed by you and RFLXT, unless you and RFLXT agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and RFLXT submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
   11. Arbitrator’s Decision and Governing Law. The arbitrator shall apply, and these Terms shall be governed by, New York law consistent with the Federal Arbitration Act (as applicable) and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
   12. Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are governed by the AAA Rules. If you otherwise complied with this Section 10, and the value of the relief that you seek is less than USD$10,000, RFLXT will pay all administration and arbitrator fees associates with the arbitration. Any request for payment of fees by RFLXT should be submitted by mail to the AAA along with your demand for arbitration. If the arbitrator determines the claim(s) you assert in the arbitration is frivolous, you will reimburse RFLXT for all fees associated with the arbitration that have been paid by RFLXT on your behalf that you would otherwise be required to pay under the AAA’s rules.
   13. Opt-Out. You have the right to opt out of the arbitration provisions of this Section 10 by sending a written notice of your decision to opt out to legal@rflxt.com. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 10. You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.

If you have a dispute with another user on the Products or with any third party, you agree that RFLXT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release RFLXT, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Products. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release, including under California Civil Code section 1542, which reads as follows: “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.”

11. Miscellaneous.

1. 1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Products are entitled to the following specific consumer rights notice: The services are provided by C World Enterprises, LLC, 8605 Santa Monica Blvd., PMB 53863 West Hollywood, CA 90069. If you have a question or complaint regarding the Products, please contact RFLXT at legal@rflxt.com or by writing to our mailing address. California residents contact the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.
   2. Supplemental Terms for Certain Services. Certain services offered on the Products may require you to enter into a separate agreement and/or be subject to additional terms. In the event of any conflict between these Terms and the terms of that separate agreement, the terms of these Terms will control, unless the separate agreement specifically references that it will control in the event of a conflict.
   3. Application Provider Terms. If you access the Products through a RFLXT application, you acknowledge that these Terms is between you and RFLXT only, and not with another application service or application platform provider (such as Apple, Inc., or Google Inc.), which may provide you the application subject to its own terms.
   4. Controlling Law and Jurisdiction. These Terms will be interpreted exclusively in accordance with the laws of the State of New York and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in New York, New York for any actions for which the arbitration provision, as set forth in Section 10, does not apply.
   5. Export. The Products are controlled and operated from our United States offices. RFLXT software is further subject to United States export controls. No software for RFLXT may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.
   6. Changes. We reserve the right to:

1. 1. 1. 1. change the terms of these Terms, consistent with applicable law;
         2. change the Products, including eliminating or discontinuing any information or services or other features in whole or in part; and
         3. deny or terminate your RFLXT account, or use of and access to the Products.

If we make material changes to the Terms, we will notify you through the Products, by email, or by other means, to offer you an opportunity to review the changes before they become effective. You agree that your continued use of the Products after such changes become effective constitutes your acceptance of the changes. If you do not agree with any updates to these Terms, you may not continue to use the Products. Be sure to return to this page periodically to ensure your familiarity with the most current version of the Terms. Any changes to the Terms will be effective on a going forward basis.

1. 7. Languages. The English version of these Terms will be the binding version and all communications, notices, arbitrations and other actions and proceedings relating to these Terms will be made and conducted in English, even if we choose to provide translations of these Terms into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
   8. Assignment. No terms of these Terms, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with RFLXT’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. RFLXT may assign, transfer, or delegate these Terms or any right or obligation or remedy under these Terms in its sole discretion.
   9. Waiver. Our failure to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
   10. Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
   11. Further Assurances. You agree to execute a hard copy of these Terms and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of these Terms and any of your rights or obligations under these Terms.
   12. Entire Agreement and Severability. These Terms supersede all prior terms, agreements, discussions and writings regarding the Products and constitutes the entire agreement between you and us regarding the Products. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the agreement, which will remain in full force and effect.
   13. Termination; Survival. If you violate these Terms: (i) all rights granted to you under these Terms will terminate immediately; (ii) you must immediately cease using the Products; and (iii) we may, in our sole discretion, remove and delete Your Content from the Products. The following provisions will survive expiration or termination of these Terms: Sections 2, 3.d, 3.e, 8, 9, 10, and 11.
   14. Contact. Feel free to contact us by visiting the “contact us” tab on our website, or messaging legal@rflxt.com with any questions about these Terms, or writing to us below:

C World Enterprises, LLC.

8605 Santa Monica Blvd., PMB 53863 West Hollywood, CA 90069