COMMUNITY PARTICIPATION TERMS OF USE & CODE OF CONDUCT

1. General
   The LandingAI Community (the “Community”) is an online community comprised of blogs, discussion forums, document and information sharing about LandingAI’s computer vision cloud services and technology provided by Landing AI, Inc. and its subsidiaries (“LandingAI”). The purpose of the Community is to provide a forum for interested users of LandingAI’s computer vision cloud services and related technology, as well as for participants in LandingAI programs and user groups to exchange information and to generally build enthusiasm for LandingAI’s computer vision cloud services.
2. User’s Acceptance of Terms of Use
   These Community Participation Terms of Use (“Terms of Use”) shall govern your access, visits and participation in the Community. These Community Participation Terms of Use are in addition to (and form a part of) the LandingAI Website Terms of Use. By registering for a Community account, by using or visiting the Community, you are subject to these Community Participation Terms of Use. If you are participating in the Community on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and that you agree on behalf of that entity, organization, or company to be bound by these Terms. If you do not agree to all of the Terms of Use, you should not access, visit or participate in the Community.
   • LandingAI reserves the right to modify, suspend or terminate the Community and/or these Community Participation Terms of Use from time to time at its sole discretion and without notice.
   • LandingAI reserves the right to refuse access to the Community to anyone, at any time, without notice, and for any reason.
   • The Community is provided on an AS IS and AS AVAILABLE basis.
   • LandingAI will not be liable to you or any third party for any claims or actions arising or resulting from your use, visit, or participation in the Community and for any modification, suspension, or termination of the Community, or termination of your access to the Community.
   • Some participants may post Internet website links in the Community forum. LandingAI is not responsible for the content on the websites associated with these links. In addition, LandingAI reminds you that some content and links on the Internet may contain inappropriate material, such as malware or adult content that is not suitable for children or may be offensive to some users.
3. Participation in this Community.
   To participate in the LandingAI Community, you must:
   • Agree to these Terms, and you hereby represent and warrant to us that:
     • you are at least 18 years of age;
     • you have not previously been suspended or removed from our Community; and
     • your registration and your use of the Community complies with all applicable laws and regulations.
   • Agree that you will be responsible for all activity that occurs under your access credentials, including anything you contribute.
   • Provide current, accurate, and complete information about yourself during the account registration process.
   • Use reasonable efforts to prevent unauthorized access to or use of the Community and to preserve the confidentiality of your username or email address and password, and any device that you use to access the Community. You are solely responsible for maintaining the confidentiality of your password.
   • Keep your LandingAI Community account information up to date, accurate and complete.
   • Consent to the collection, processing and storage by LandingAI of your personal information in accordance with the terms of LandingAI’s Privacy Policy.
4. Community Guidelines
   We have a few community guidelines that we ask people to adhere to. When the guidelines are unclear, we expect the spirit of the guidelines to be followed.
   • Be considerate. Your work will be used by other people, and you in turn will depend on the work of others. Any decision you take will affect users and colleagues, and you should take those consequences into account when making decisions.
   • Be patient. This mostly applies to forums, mailing lists, and code contributions (i.e. asynchronous forms of communication). Communities are often built on volunteer time both from participants and organizers. It is possible that your question or code contribution or suggestion might not receive an immediate response. Be patient and consider the norms of the community. One reminder ping is welcome, many reminder pings in rapid succession are not a good display of patience. Similarly, posting the same question in multiple threads is frowned upon and should not be done.
   • Be respectful. Not all of us will agree all the time, but disagreement is no excuse for poor behavior and poor manners. We might all experience some frustration now and then, but we cannot allow that frustration to turn into a personal attack. It’s important to remember that a community where people feel uncomfortable or threatened is not a productive one. We expect members of the LandingAI community to be respectful when communicating with other community members, as well as with people outside the LandingAI community.
   • Be nice. Please be courteous, respectful and polite to fellow community members.
   • Communicate effectively. Clear communication can help to avoid misunderstandings. Remember that words and phrases can be interpreted differently depending on people’s backgrounds. It’s better to ask for clarification than to make assumptions. Disagreements, social and technical, are normal, but we expect participants in the Community to resolve disagreements constructively. Please avoid flame wars, trolling, personal attacks, and repetitive arguments.
   • Ask for help when unsure. Nobody is expected to be perfect in this community. Asking questions early avoids many problems later, so questions are encouraged, though they may be directed to the appropriate forum. Those who are asked should be responsive and helpful.
5. Conduct
   You must abide by the following rules of conduct and you explicitly agree not to, and not to permit any third party to:
   • use the Community for any purpose that is unlawful or prohibited by these Terms of Use;
   • intentionally submit or transmit inaccurate information through the Community;
   • impersonate or pretend to be anyone else while using the Community;
   • use the Community in any way that could damage, disable, overburden, or impair any of the Community, or interfere with anyone else’s use of any of the Community;
   • attempt to gain unauthorized access to LandingAI services, through hacking, password mining or any other means;
   • attempt to reverse engineer any portion of any of LandingAI’s services or technology or attempt to infringe the intellectual property rights of others in any way;
   • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Community;
   • attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Community or services that you are not authorized to access;
   • introduce any malicious or technologically harmful material into the Community or post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
   • develop or use any third-party applications that interact with our Community without our prior written consent, including any scripts designed to scrape or extract data from our Community; and
   • post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Community including any offensive language.
   • engage in personal attacks or any type of “flaming” of other users. Do not “troll,” i.e., post topics or opinions that are designed to provoke a negative response from one or more specific users.
   • engage in disruptive activity in the Community, including persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
   • contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
   • misrepresent the source of anything you contribute.
   • attempt to gain unauthorized access to any portion of the LandingAI Website or LandingAI services, whether through hacking, password mining, or any other means.
   • LandingAI reserves the right to remove at any time, without notice, any contribution that violates these guidelines. LandingAI also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from any or all Community forums.
6.   Third Party Content. The Community may contain links to or from third-party websites. LandingAI has no control over the content or privacy policies of third-party websites that you may link to from the Community or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. LandingAI is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by LandingAI.
7. User Content
   • Companies — Your Content: If you are using the Community on behalf of a company, you may be able to upload, post, or otherwise submit (“Submit”) content. LandingAI claims no ownership of your company content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Community.
   • Messages: The Community may allow Users to send messages (“Messages”) to other Users. LandingAI may terminate the ability of any User to send Messages at any time and for any reason, without notice or liability to that User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to legal@landing.ai. You agree that LandingAI may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
   • Content Generally: All forms of content that Users share with one another or with LandingAI through our Community are collectively referred to as “User Content.”
   • Limited License Grant to LandingAI: You grant, and you represent and warrant that you have all rights necessary to grant, to LandingAI a worldwide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Community in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Community you elect to utilize. LandingAI may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. LandingAI will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Community you utilize unless you tell us to.
   • Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Community, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Community.
   • Content Disclaimer: You understand that by using the Community, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from LandingAI, that may contain errors, be offensive, indecent, or objectionable. You use the Community, and rely upon any Materials or services, at your sole risk. LandingAI will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. LandingAI may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.
8. Revision Date, Modifications; Suspensions and Terminations. These Terms of Use are effective and were last updated as of the revision date at the end of these Terms of Use. At any time, LandingAI may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms of Use, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Community. Revisions are effective and binding when posted on the Community. Any continued use of any of the Community following any revision means you agree to the revisions. LandingAI expressly reserves the right to terminate or discontinue the Community at any time and for any reason, with or without notice to you.
9. DMCA Notice

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

• • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located in our Community;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent using the following contact information:
LandingAI, Inc.
Address: LandingAI, Inc.
Attn: DMCA Agent
195 Page Mill Rd., #115
Palo Alto, CA 94306
Email: legal@landing.ai

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Service and/or terminate our Service Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. Disclaimers
THE SERVICES, MATERIALS, AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. LandingAI MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

LandingAI DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. LandingAI DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. LandingAI IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.

WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

11. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON YOUR BUSINESS DEALINGS WITH US DURING THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. Disputes with Third Parties
LandingAI IS NOT AFFILIATED WITH ANY NON-EMPLOYEE WORKER, BUYER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY NON-EMPLOYEE WORKER, BUYER, THIRD- PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE LandingAI FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. SHOULD YOU PERFORM WORK AS AN INDEPENDENT CONTRACTOR FACILITATED BY LandingAI FOR A THIRD PARTY, YOU ACKNOWLEDGE THAT THE THIRD PARTY FOR WHOM YOU PERFORM SUCH WORK IS THE PARTY ULTIMATELY RESPONSIBLE FOR PAYING YOU FOR THAT WORK. SHOULD LandingAI NOT RECEIVE PAYMENT FROM THE THIRD PARTY, LandingAI RESERVES THE RIGHT TO REQUIRE YOU TO SEEK ANY REIMBURSEMENT FOR YOUR WORK DIRECTLY FROM THE THIRD PARTY. IN SUCH INSTANCE, YOU AGREE TO HOLD LandingAI HARMLESS AND RELEASE LandingAI FROM ANY ASSOCIATED CLAIMS.

13. Dispute Resolution; Binding 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 US. This Section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

If you are a new Landing user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Landing at legal@landing.ai 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 legal@landing.ai and attempt to resolve the dispute with us informally. In the unlikely event that Landing 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 Landing agree otherwise. If you are using the Services 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 Services 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 Landing 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 the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US 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-COLLECTIVE, AND 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.

14. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES 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 LandingAI AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LandingAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

15. Governing Law and Venue
These Terms, your access to and use of the Services, and any claim or dispute you may bring against LandingAI, its affiliates, subsidiaries, parent companies, members, shareholders, agents and assigns, shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, and Santa Clara County.

16. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Community at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

17. Severability
If any term, clause or provision of these Terms of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

18. Assignment
If LandingAI sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Services, authorize LandingAI to assign the information you provided to LandingAI or that LandingAI collected while you used the Community in connection with such sale or merger.

19. Consent to Electronic Communication
By using the Community, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Community, you affirmatively consent to LandingAI using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.

20. General
These Terms constitute the entire agreement between you and LandingAI relating to your access to and use of the Services. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LandingAI. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and LandingAI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:

LandingAI, Inc.
Attn: Legal
195 Page Mill Rd., #115
Palo Alto, CA 94306
Email: legal@landing.ai

License and attribution
Except as otherwise noted, these Community Participation Terms of Use & Code of Conduct have been adapted from the Circle Terms of Service.

The Community Guidelines in the LandingAI Community Code of Conduct is adapted from the Elastic.io Community Code of Conduct and is licensed under the Creative Commons Attribution-Share Alike 3.0 license. Our Code of Conduct was further inspired by and borrows content from Codes of Conduct of other open-source projects, including:

• Contributor Covenant
• OpenStack
• Puppet Labs
• Ubuntu
• Mozilla Community Participation Guidelines
• Otter Tech’s Code of Conduct Template (as updated by Sage Sharp of Otter Tech)

Revision: 20230221.01