LABYRXNTH TERMS & CONDITIONS

Last Updated: June 19, 2023

Welcome to Labyrxnth, the website, community, messaging platform and service provided by Labyrxnth, Inc. and its related companies (collectively, “Labyrxnth,” “us,” “our,” or "we"). 

These Terms of Use (the “Terms” or “Agreement”) govern your access and use of our website, applications, features, and program, including all associated services, provided on or in connection with the platform (collectively, the “Platform” or “Service(s)”). 

By accessing the Labyrxnth Platform or any of our Services located at https://Labyrxnth.com/, or any of our domains, or sub-domains, websites, apps, background applications, third party site integrations, or by otherwise using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by and comply with these Terms. These Terms apply to all visitors, users, and others who access the Service (“Users”). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If the changes affect your usage of the Services or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Service after we post changes or modifications will constitute your full acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS, THE EXCLUSIVE USE OF A MANDATORY, FINAL AND BINDING ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

YOU UNDERSTAND THAT THE SERVICE MAY PROVIDE YOU ACCESS TO EXCHANGE STORIES AND EXPERIENCES OF YOUR HEALTH, WELL-BEING AND/OR MEDICAL TREATMENT, AND THAT BY USING THE SERVICE ANY SUCH PROVIDED TREATMENT, MEDICAL OR PATIENT INFORMATION MAY BE ACCESSED AND VIEWED BY OTHERS. THESE TERMS ALSO LIMIT THE LIABILITY THAT WE HAVE TO YOU AND DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SATISFACTION, OUTCOME OR RESULTS FROM YOUR USE OF THE SERVICE. WE DO NOT ENDORSE OR VERIFY ANY GUIDES, RESULTS, OR METHODS THE SERVICE PROVIDES. THE SERVICE, RESULTS, OUR CONTENT AND MATERIALS ARE ALL PROVIDED TO YOU “AS IS,” WITHOUT ANY GUARANTEES. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN USE OF THE SERVICE.

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE SERVICE, INCLUDING, ANY FEATURE, LINKS TO OTHER WEBSITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE TREATMENT PROVIDER.

WE ARE NOT PROVIDING CLINICAL OR LICENSED CARE. SOME OF OUR GUIDES MAY HOLD CERTAIN LICENSES; HOWEVER, ANY SERVICES PROVIDED ARE NOT BEING PROVIDED UNDER SUCH LICENSES.

THE SERVICE ELIGIBILITY

You understand that these Terms establish a contract between you and Labyrxnth. You must read and agree to these Terms before accessing or using the Service. If you are using the Service on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Labyrxnth, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 (or under 16 in Europe) is strictly prohibited and in violation of these Terms. Except as set forth in these Terms, or as otherwise approved by us, the Services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. The Service is not available to you if Labyrxnth has previously removed, banned or terminated your Account (as defined below).

Labyrxnth reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Labyrxnth reserves the right to refuse any User access to the Services without notice for any reason, including but not limited to a violation of these Terms. If you violate these Terms, Labyrxnth reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that Labyrxnth need not provide you notice before terminating or suspending your Account(s), but it may do so at its sole discretion

ACCOUNT REGISTRATION

Upon launching the Service, if you do not already have a registered account (“Account”), you will be prompted to create one by providing and verifying personal information (your “Account Information”). You may also be required to select a username, a password and a valid email address and other information to access or utilize certain applications or features. You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your Account on the Platform. We reserve the right to reject any Account registration or to terminate your Account or prevent use of an Account in our sole discretion, and without any liability to you. You understand and agree that by providing your Account Information or creating an Account, you consent that all information and data associated with your Account (whenever provided), to be publicly displayed on your user profile. You understand and agree that your Account and profile will include personal information you provide, and that we may update your profile with information we extract from your Account Information or through your use of the Platform, and you permit us to share information with others.

You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. Labyrxnth disclaims any liability for third party actions made under your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials have been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

COMMUNICATIONS

By creating an Account, using the Services or providing information to us, you electronically agree to accept and receive communications from Guides, Labyrxnth, Labyrxnth affiliates, or third parties providing services to Labyrxnth. You agree to accept and receive communications such as email, text, or mobile push notices, or notices and messages on the Platform, regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. For the purposes of these Terms, “affiliates” means any entity that directly or indirectly, controls, is controlled by, or is under common control of or with Labyrxnth, now or in the future. “Control” for these purposes means having a majority of shares or the right and ability to direct management.

FEEDBACK

By choosing to submit ideas, suggestions, proposals and/or improvements to the Services or otherwise (in written or oral form) (collectively, “Feedback”) to Labyrxnth, you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, (c) your Feedback does not contain the confidential or proprietary information of any third party or parties, and (d) that Labyrxnth is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Labyrxnth and its Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. All rights in this section are granted without the need for additional compensation of any sort to you.

LIMITED LICENSE

Subject to your compliance with these Terms, Labyrxnth grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license under the intellectual property rights licensable by us to use and access the Service as permitted by the features of the Service. Labyrxnth reserves all rights not expressly granted herein in the Service and the Labyrxnth Content (as defined below). You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms; (ii) reproduce, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Labyrxnth or our licensors, except for the permissions and rights expressly granted in these Terms.

LINKS TO THIRD-PARTY WEBSITES

The Platform may contain links to third-party websites placed by us as a service to those interested in this information or posted by other Users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation, regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption, or sponsorship of, or affiliation with, such third-party website. When you leave the Platform, our terms and policies do not govern your use of third-party websites.

COMMUNICATION CHANNELS

The Service provides a community-focused messaging and communication platform for Users to participate in public and private chat room forums, ("Communication Channels"), designed to enable you to communicate with other Service Users and Guides. Labyrxnth has no obligation to monitor these communication channels but it may do so in connection with providing the Service. Labyrxnth may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User content (including without limitation chats, postings, or materials posted by Users) on the Communication Channels is neither endorsed nor controlled by us. Labyrxnth will not under any circumstances be liable for any activity within Communication Channels. Labyrxnth is not responsible for information that you choose to share on the Communication Channels, or for the actions of other Users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you represent and warrant that you will use the Platform solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties. You are solely responsible for any and all messages and content that is posted through your account on the Platform or Communication Channels. As an example, you agree not to use the Service or the Communication Channels in order to: 

• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse any User;

• impersonate another person or User, or use their email address or phone number, or account information

• engage in conduct that is fraudulent or illegal or otherwise harmful to us, the Services or any other User;

• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other Users' computers;

• send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;

• violate the contractual, personal, intellectual property or other rights of any party or User, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

• obtain or attempt to obtain passwords or other private information from other Users;

• improperly use support channels or complaint buttons to make false reports to us;

• act in a manner that is harassing, trolling, threatening, abusive, racist, bigoted, or is otherwise objectionable (as determined by Labyrxnth);

• discriminate regarding access to communities that you create;

• promote, endorse, or further illegal activities

• develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements; or

• exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.

ENFORCEMENT BY LABYRXNTH

While Labyrxnth has no obligation to do so, Labyrxnth reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on the Platform (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on the Platform that you believe violates our policies, you may report that Content by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the Platform; suspending some or all of your rights to use the Platform; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our Users against the enforcement of subpoenas or other information requests that seek a User's electronic address or identifying information.

DISPUTES WITH OTHER USERS

You are solely responsible for your interaction with other Users and Guides of the Service and other parties that you come in contact with through the Service. Labyrxnth hereby disclaims any and all liability to you or any third party relating to your use of the Service or interactions with other Users or Guides, or for any User’s action or inaction. Labyrxnth reserves the right, but has no obligation, to monitor or manage disputes between you and other Users of the Service.

PROPRIETARY RIGHTS

Unless otherwise indicated in writing by us, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, work of authorship or information advertisements, comments, opinions, postings, messages, files, e-mail, data or other materials you find on the Platform (the “Labyrxnth Material”), and all Intellectual Property Rights related thereto, are the exclusive property of Labyrxnth and its licensors (or other Users, as applicable). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Labyrxnth Material. Use of the Labyrxnth Material for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

THIRD-PARTY CONTENT

You understand that Content from other Users, advertisers, and other third parties may be made available to you through the Services. “Content” means any works of authorship or information, photos, logos, advertisements, comments, opinions, postings, messages, text, files, images, e-mail, data, audio, video, or other materials (collectively, “"Third-Party Content"), you find on the Platform. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Third-Party Content. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Third-Party Content without express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Third-Party Content posted on the Service by other Users, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Labyrxnth, its Users and/or their licensors, and no license is granted hereunder by estoppel, implication or otherwise.

Because we do not control such Third-Party Content, you understand and agree that:

• we are not responsible for, and do not endorse, any such Third-Party Content, including information about third-party products and services, provided by other Users, or the opinions of other Users;

• we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Third-Party Content; and

• we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third-Party Content made available by Users, advertisers, or other third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated Third-Party Content, we generally cannot be held liable for claims arising from the Third-Party Content provided by third parties on the Platform.

You represent, warrant and covenant that you are not:

• located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country;

• on any of the U.S. government lists of restricted end Users; or

• the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using the Platform.

TERMINATION

You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application. Labyrxnth may terminate your Account and your access to the Service (or, at Labyrxnth's sole option, applicable portions of the Service) at any time and for any reason. Labyrxnth is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and Labyrxnth is under no obligation to compensate you for any such loss.

DISCLAIMERS

THE SERVICES ARE OFFERED FOR INFORMATIONAL, EDUCATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE DO NOT PROVIDE THERAPY, MEDICAL ADVICE, OR MEDICAL OR DIAGNOSTIC SERVICES. WE SOLELY OFFER AN ONLINE PLATFORM FOR GUIDES AND USERS TO CONNECT ONLINE. WE ARE NOT PROVIDING CLINICAL OR LICENSED CARE. SOME OF OUR GUIDES MAY HOLD CERTAIN LICENSES; HOWEVER, ANY SERVICES PROVIDED ARE NOT BEING PROVIDED UNDER SUCH LICENSES.. WE SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY PROTOCONE OR USER. 

GUIDES AND USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH EACH OTHER AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH GUIDES. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM LABYRXNTH WITH RESPECT TO ANY AND ALL SUCH CLAIMS. LABYRXNTH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE. LABYRXNTH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL GUIDES SERVICES OBTAINED THROUGH THE PLATFORM AND/OR THE SERVICES. ACCORDINGLY, ANY GUIDE’S SERVICES OBTAINED BY A USER OR PROVIDED BY A GUIDE THROUGH THE PLATFORM WILL BE MADE AT SUCH USER’S OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

The Services are not intended for diagnosis, including information regarding which drugs or treatment may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the Platform. You are advised to exercise a high level of care and caution using the Platform.

You agree, confirm and acknowledge that you are aware that the Services do not substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely based on this Platform. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you receive through the Platform.

Any information presented on the website or Platform by Guides, advertisers, and other Users is presented for your information and may not be appropriate for any particular individual or prediction of effectiveness, outcome or success. If you rely on any information on the Platform, you do so solely at your own risk.

Even though we take steps to verify the information provided to us by Guides, we cannot guarantee the authenticity of such information, including medical degrees, licenses, certification, credentials, or background. We do not recommend or endorse any Guide, nor do we make any representation or warranty with respect to any such information or the quality of the services they may provide.

NO WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LABYRXNTH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LABYRXNTH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, PLATFORM, CONTENT, AND ANY LABYRXNTH MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

FURTHER, LABYRXNTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, OR CONTENT, INCLUDING ANY MATERIAL OR CONTENT, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LABYRXNTH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

LABYRXNTH WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, PLATFORM, LABYRXNTH MATERIAL, THIRD-PARTY CONTENT YOUR ACCOUNT OR YOUR INFORMATION.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LABYRXNTH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL LABYRXNTH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LABYRXNTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LABYRXNTH ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, LABYRXNTH MATERIAL, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED $100. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LABYRXNTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold Labyrxnth, its affiliates and subsidiaries and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your Account or acting under your profile.

DISPUTE RESOLUTION; ARBITRATION. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Labyrxnth. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Labyrxnth that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Labyrxnth, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.

You can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Labyrxnth at service@Labyrxnth with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at service@Labyrxnth and attempt to resolve the dispute with us informally. In the unlikely event that Labyrxnth has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and Labyrxnth agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Labyrxnth agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, any provision of this Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing Labyrxnth from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND LABYRXNTH AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER LABYRXNTH USERS. YOU AND LABYRXNTH FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LABYRXNTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

GENERAL

Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to Labyrxnth under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Labyrxnth for which remedies at law are inadequate. Labyrxnth shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

Entire Agreement. These Terms constitute the entire agreement between you and Labyrxnth with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Labyrxnth. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

Waiver. The failure of Labyrxnth to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

Assignment. These Terms may not be assigned by you without Labyrxnth's prior written consent, but are freely assignable by Labyrxnth. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns.

Documentation of Compliance. Upon Labyrxnth's request, you will furnish Labyrxnth with any documentation, substantiation or releases necessary to verify your compliance with these Terms.

International Use; Export Controls. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Interpretation. You agree that these Terms will not be construed against Labyrxnth by virtue of having drafted them.

Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Survival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.

Contact. If you have any questions about these Terms, please contact us at support@Labyrxnth.com