TERMS OF USE — OnThree

OnThree, Inc. Platform Terms of Use

Last Updated On: 02/01/2024

These terms of use are entered into by and between you and OnThree, Inc. (“Company,” “we,”

or “us”). The following terms and conditions, together with any documents they expressly

incorporate by reference (“Terms of Use”), govern your access to and use of

https://onthree.io, including any content, functionality, and services offered on or through

https://onthree.io (the “Website”), any sites that are hosted for third parties within a subdomain

or subfolder of the Website (a “Micro Site”) or through the usage of our OnThree Mobile App

(the “App”). The Website, any Micro Sites and the App, collectively constitute the “Platform”.

Please read the Terms of Use carefully before you start to use the Platform. By using the

Platform, you accept and agree to be bound and abide by these Terms of Use and our

Platform Privacy Policy, found at https://onthree.io/privacy-policy(the “Privacy Policy”),

incorporated herein by reference. If you do not want to agree to these Terms of Use or the

This Platform is offered and available to users who are 16 or older, and reside in the United

States or any of its territories or possessions. By using this Platform, you represent and warrant

that you meet all of the foregoing eligibility requirements. If you do not meet all of these

requirements, you must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All

changes are effective immediately when we post them, and apply to all access to and use of the

Platform thereafter.

Your continued use of the Platform following the posting of revised Terms of Use means that

you accept and agree to the changes. You are expected to check this page frequently so you are

aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide

on the Platform, in our sole discretion without notice. We will not be liable if for any reason all

or any part of the Platform is unavailable at any time or for any period. From time to time, we

may restrict access to some parts of the Platform, or the entire Platform, to users, including

registered users.

You are responsible for both:

· Making all arrangements necessary for you to have access to the Platform.

· Ensuring that all persons who access the Platform through your internet connection are

aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain

registration details or other information. It is a condition of your use of the Platform that all the

information you provide on the Platform is correct, current, and complete. You agree that all

information you provide to register with this Platform or otherwise, including, but not limited to,

through the use of any interactive features on the Platform, is governed by our Privacy Policy,

and you consent to all actions we take with respect to your information consistent with our

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, and you must

not disclose it to any other person or entity. You also acknowledge that your account is personal

to you and agree not to provide any other person with access to this Platform or portions of it

using your user name, password, or other security information. You agree to notify us

immediately of any unauthorized access to or use of your user name or password or any other

breach of security. You also agree to ensure that you exit from your account at the end of each

session. 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.

We have the right to disable any user name, password, or other identifier, whether chosen by you

or provided by us, at any time in our sole discretion for any or no reason, including if, in our

opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all

information, software, text, displays, images, video, and audio, and the design, selection, and

arrangement thereof) are owned by the Company, its licensors, or other providers of such

material and are protected by United States and international copyright, trademark, patent, trade

secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly

perform, republish, download, store, or transmit any of the material on our Platform, except as

follows:

· Your computer may temporarily store copies of such materials in RAM incidental to your

accessing and viewing those materials.

· You may store files that are automatically cached by your Web browser for display

enhancement purposes.

· You may print one copy of a reasonable number of pages of the Platform for your own

personal, non-commercial use and not for further reproduction, publication, or

distribution.

· If we provide desktop, mobile, or other applications for download, you may download a

single copy to your computer or mobile device solely for your own personal, non-

commercial use, provided you agree to be bound by our end user license agreement for

such applications.

· If we provide social media features with certain content, you may take such actions as are

enabled by such features.

You must not:

· Modify copies of any materials from this site.

· Use any illustrations, photographs, video or audio sequences, or any graphics separately

from the accompanying text.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies

of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any services

or materials available through the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access

to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop

immediately and you must, at our option, return or destroy any copies of the materials you have

made. No right, title, or interest in or to the Platform or any content on the Platform is transferred

to you, and all rights not expressly granted are reserved by the Company. Any use of the

Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and

may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service

names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You

must not use such marks without the prior written permission of the Company. All other names,

logos, product and service names, designs, and slogans on this Platform are the trademarks of

their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Platform:

· In any way that violates any applicable federal, state, local, or international law or

regulation (including, without limitation, any laws regarding the export of data or

software to and from the US or other countries).

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any

way by exposing them to inappropriate content, asking for personally identifiable

information, or otherwise.

· To send, knowingly receive, upload, download, use, or re-use any material that does not

comply with the Content Standards set out in these Terms of Use.

· 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.

· To impersonate or attempt to impersonate the Company, a Company employee, another

user, or any other person or entity (including, without limitation, by using email

addresses associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the

Platform, or which, as determined by us, may harm the Company or users of the

Platform, or expose them to liability.

Additionally, you agree not to:

· Use the Platform in any manner that could disable, overburden, damage, or impair the

site or interfere with any other party's use of the Platform, including their ability to

engage in real time activities through the Platform.

· Use any robot, spider, or other automatic device, process, or means to access the Platform

for any purpose, including monitoring or copying any of the material on the Platform.

· Use any manual process to monitor or copy any of the material on the Platform, or for

any other purpose not expressly authorized in these Terms of Use, without our prior

written consent.

· Use any device, software, or routine that interferes with the proper working of the

Platform.

· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is

malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the

Platform, the server on which the Platform is stored, or any server, computer, or database

connected to the Platform.

· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Platform.

User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums,

bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow

users to post, submit, publish, display, or transmit to other users or other persons (hereinafter,

"post") content or materials (collectively, “User Contributions”) on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-

proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates

and service providers, and each of their and our respective licensees, successors, and assigns the

right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third

parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the

license granted above to us and our affiliates and service providers, and each of their and our

respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you

submit or contribute, and you, not the Company, have full responsibility for such content,

including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User

Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in

our sole discretion, including if we believe that such User Contribution violates the Terms of

Use, including the Content Standards, infringes any intellectual property right or other right of

any person or entity, threatens the personal safety of users of the Platform or the public, or could

create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material

posted by you violates their rights, including their intellectual property rights or their right to

privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any

illegal or unauthorized use of the Platform.

Terminate or suspend your access to all or part of the Platform for any or no reason, including

without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement

authorities or court order requesting or directing us to disclose the identity or other information

of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD

HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE

PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY

ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE

OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT

AUTHORITIES.

However, we cannot review all material before it is posted on the Platform, and cannot ensure

prompt removal of objectionable material after it has been posted. Accordingly, we assume no

liability for any action or inaction regarding transmissions, communications, or content provided

by any user or third party. We have no liability or responsibility to anyone for performance or

nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all use of the Platform. All actions must in their

entirety comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, actions must not:

· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,

violent, hateful, inflammatory, or otherwise objectionable.

· Promote sexually explicit or pornographic material, violence, or discrimination based on

race, sex, religion, nationality, disability, sexual orientation, or age.

· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or

other rights of any other person.

· Violate the legal rights (including the rights of publicity and privacy) of others or contain

any material that could give rise to any civil or criminal liability under applicable laws or

regulations or that otherwise may be in conflict with these Terms of Use and our Privacy

Policy.

· Be likely to deceive any person.

· Promote any illegal activity, or advocate, promote, or assist any unlawful act.

· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,

alarm, or annoy any other person.

· Impersonate any person, or misrepresent your identity or affiliation with any person or

organization.

· Involve commercial activities or sales, such as contests, sweepstakes, and other sales

promotions, barter, or advertising.

· Give the impression that they emanate from or are endorsed by us or any other person or

entity, if this is not the case.

Reporting Claims of Copyright Infringement. We take claims of copyright infringement

seriously. We will respond to notices of alleged copyright infringement that comply with

applicable law. If you believe any materials accessible on or from the Platform infringe your

submitting written notification to our copyright agent (designated below). In accordance with the

Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act

(17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include

substantially the following:

1. Your physical or electronic signature.

2. Identification of the copyrighted work You believe to have been infringed or, if the claim

involves multiple works on the Platform, a representative list of such works.

3. Identification of the material You believe to be infringing in a sufficiently precise manner

to allow us to locate that material.

4. Adequate information by which we can contact You (including your name, postal

address, telephone number, and, if available, email address).

5. A statement that You have a good faith belief that use of the copyrighted material is not

authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the written notice is accurate.

7. A statement, under penalty of perjury, that You are authorized to act on behalf of the

Designated Agent. Our designated copyright agent to receive DMCA Notices is:

Dominic Frisina

ipdocketcleveland@bdblaw.com

Buckingham, Doolittle & Burroughs, LLC

1375 E. 9 th Street, Suite 1700

Cleveland, Ohio 44114

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your

DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the

Platform is infringing your copyright, you may be held liable for damages (including costs and

attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures. If you believe that material you posted on the Platform was

removed or access to it was disabled by mistake or misidentification, you may file a counter

notification with us (a “Counter Notice”) by submitting written notification to our copyright

agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially

the following:

1. Your physical or electronic signature.

2. An identification of the material that has been removed or to which access has been

disabled and the location at which the material appeared before it was removed or access

disabled.

3. Adequate information by which we can contact You (including your name, postal

address, telephone number, and, if available, email address).

4. A statement under penalty of perjury by You that you have a good faith belief that the

material identified above was removed or disabled as a result of a mistake or

misidentification of the material to be removed or disabled.

5. A statement that You will consent to the jurisdiction of the Federal District Court for the

judicial district in which Your address is located (or if You reside outside the United

States for any judicial district in which the Platform may be found) and that You will

accept service from the person (or an agent of that person) who provided the Platform

with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA

Notice does not file a court action against you within ten business days of receiving the copy of

your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the

Platform was removed or disabled by mistake or misidentification, you may be held liable for

damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the

accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general

information purposes. We do not warrant the accuracy, completeness, or usefulness of this

information. Any reliance you place on such information is strictly at your own risk. We

disclaim all liability and responsibility arising from any reliance placed on such materials by you

or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by

other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting

services. All statements and/or opinions expressed in these materials, and all articles and

responses to questions and other content, other than the content provided by the Company, are

solely the opinions and the responsibility of the person or entity providing those materials. These

materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable

to you or any third party, for the content or accuracy of any materials provided by any third

parties.

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily

complete or up-to-date. Any of the material on the Platform may be out of date at any given time,

and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the

Platform, you consent to all actions taken by us with respect to your information in compliance

with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services, or features of the

Platform. All such additional terms and conditions are hereby incorporated by this reference into

these Terms of Use.

Linking to the Platform and Social Media Features

You may link to our Platform’s homepage, provided you do so in a way that is fair and legal and

does not damage our reputation or take advantage of it, but you must not establish a link in such

a way as to suggest any form of association, approval, or endorsement on our part without our

express written consent.

This Platform may provide certain social media features that enable you to:

· Link from your own or certain third-party websites or alternate social media account to

certain content on this Platform.

· Send emails or other communications with certain content, or links to certain content, on

this Platform.

· Cause limited portions of content on this Platform to be displayed or appear to be

displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the

content they are displayed with, and otherwise in accordance with any additional terms and

conditions we provide with respect to such features. Subject to the foregoing, you must not:

· Establish a link from any website that is not owned by you.

· Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any

other site, for example, framing, deep linking, or in-line linking.

· Link to any part of the Platform other than the homepage.

· Otherwise take any action with respect to the materials on this Platform that is

inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must

comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to

stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our

discretion.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links

are provided for your convenience only. This includes links contained in advertisements,

including banner advertisements and sponsored links. 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. If you decide to access any of the third-party websites linked to this

Platform, you do so entirely at your own risk and subject to the terms and conditions of use for

such websites.

Geographic Restrictions

We provide this Platform for use only by persons located in the United States. We make no

claims that the Platform or any of its content is accessible or appropriate outside of the United

States. Access to the Platform may not be legal by certain persons or in certain countries. If you

access the Platform from outside the United States, you do so on your own initiative and are

responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for

downloading from the internet or the Platform will be free of viruses or other destructive code.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your

particular requirements for anti-virus protection and accuracy of data input and output, and for

maintaining a means external to our site for any reconstruction of any lost data. TO THE

FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY

LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,

VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY

INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR

OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR

ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR

DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE

LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS

OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE

PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED

THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER

EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON

ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR

REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,

RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR

ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS

THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED

THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR

UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR

THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR

ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR

NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO

ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND

FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE

COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,

EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES

OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN

CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY

WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER

WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,

PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF

REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,

LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED

BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR

OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and

service providers, and its and their respective officers, directors, employees, contractors, agents,

licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,

judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising

out of or relating to your violation of these Terms of Use or your use of the Platform, including,

but not limited to, your User Contributions, any use of the Platform’s content, services, and

products other than as expressly authorized in these Terms of Use, or your use of any

information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising

therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be

governed by and construed in accordance with the internal laws of the State of Delaware without

giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or

any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts

of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook,

although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence

or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platform,

including disputes arising from or concerning their

interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration

under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR

RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE

COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;

OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be

deemed a further or continuing waiver of such term or condition or a waiver of any other term or

condition, and any failure of the Company to assert a right or provision under these Terms of Use

shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal 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 the Terms of

Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and our Privacy Policy, and any other policy incorporated herein, constitute

the sole and entire agreement between you and OnThree, Inc. regarding the Platform and

supersede all prior and contemporaneous understandings, agreements, representations, and

warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in

our the Copyright Infringement Section in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating

to the Platform should be directed to: info@onthree.io.