<p># MYCROFT AI, INC.
(“MYCROFT”, “WE” OR “US”) TERMS OF USE<br>
### EFFECTIVE DATE: September 15, 2017</p>
<p>THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND MYCROFT.
THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URLS MYCROFT.AI AND HOME.MYCROFT.AI AS WELL AS ALL ASSOCIATED SITES LINKED TO MYCROFT.AI OR HOME.MYCROFT.AI BY MYCROFT, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”).
UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE NATURAL LANGUAGE PROCESSING SERVICES PROVIDED VIA APIS THAT ARE AVAILABLE THROUGH REGISTRATION ON THE SITE (“SERVICES”).
BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.</p>
<p>_NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH MYCROFT.
YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW._</p>
<p>## Changes.<br>
Mycroft may change, suspend, or discontinue the Site, the Services, or any part of the Site or the Services at any time, with or without notice to you.
Mycroft can change, update, or add or remove provisions of these Terms, at any time by having you agree to a new version of these Terms or by posting the updated Terms on this Site and providing you notice.
By assenting to the updated Terms or by using this Site after Mycroft has updated the Terms and provided you notice, you are agreeing to all the updated Terms.
if you do not agree with any of the updated Terms, you must stop using the Site.</p>
<p>## General Use.<br>
By using this Site, if you are an individual, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms.
If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Mycroft if the Minor breaches any of these Terms.
If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Mycroft or the Site.</p>
<p>If you are accessing the Site or the Services on behalf of a company or other legal entity (“Entity”), you represent that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms.</p>
<p>Mycroft provides content through the Site that is copyrighted and/or trademarked work of Mycroft or Mycroft’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).
Materials may include logos, graphics, video, images, software and other content.</p>
<p>Subject to the terms and conditions of these Terms, and your compliance with these Terms, Mycroft hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use.
Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.</p>
<p>If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.</p>
<p>## Using the Site and the Services on the Site.<br>
You need not register with Mycroft to simply visit and view the Site.</p>
<p>However, in order to access certain password-restricted areas of the Site and to use certain Services offered on and through the Site, you must register with Mycroft for an account and receive a password.</p>
<p>## Password Restricted Areas of this Site.<br>
You may register for an account with Mycroft via the account registration page on the Site.
Mycroft may cancel or terminate your account in Mycroft’s sole discretion.</p>
<p>Currently, Mycroft also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Google, Facebook and Github (each, a “Third-Party Site Password”).</p>
<p>You are responsible for maintaining the confidentiality of your password for the Site (“Mycroft Password”) and any Third-Party Site Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords.
You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords.
You agree to notify Mycroft if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.</p>
<p>All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.</p>
<p>## Privacy Policy.<br>
Please review Mycroft Privacy Policy, which is available at https://home.mycroft.ai/#/privacy-policy (the “Privacy Policy”) which explains how we use information that you submit to Mycroft.</p>
<p>## Submissions.<br>
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, location data and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”).
You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you.
You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make.
You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.</p>
<p>Unless otherwise explicitly stated herein or in Mycroft Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.
You hereby grant to Mycroft a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, assignable, sublicensable, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions, for any purpose.
You irrevocably waive, and cause to be waived, against Mycroft and its users any claims and assertions of moral rights or attribution with respect to Submissions.
We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.
Mycroft agrees to use any personally identifiable information contained in any of your Submissions in accordance with Mycroft’s Privacy Policy.</p>
<p>You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.</p>
<p>When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.
**Those prohibitions do not require Mycroft to monitor, police or remove any Submissions or other information submitted by you or any other user.**</p>
<p>## Unauthorized Activities.<br>
When using this Site and/or the Services, you agree not to:<br>
* Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.<br>
* Use racially, ethnically, or otherwise offensive language.<br>
* Discuss or incite illegal activity.<br>
* Solicit/post sexually explicit images (actual or simulated).<br>
* Post anything that exploits children or minors or that depicts cruelty to animals.<br>
* Post any copyrighted or trademarked materials without the express permission from the owner.<br>
* Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.<br>
* Use any robot, spider, scraper or other automated means to access the Site.<br>
* Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.<br>
* Alter the opinions or comments posted by others on this Site.<br>
* Post anything clearly false or misleading.<br>
* Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.</p>
<p>This list of prohibitions provides examples and is not complete or exclusive.
Mycroft reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions.
with or without cause and with or without notice, for any reason or no reason, or for any action that Mycroft determines is inappropriate or disruptive to this Site or to any other user of this Site.
**Mycroft may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
When legally required or at Mycroft’s discretion, Mycroft will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.**</p>
<p>Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.</p>
<p>You agree to indemnify and hold Mycroft and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Mycroft or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.</p>
<p>## Proprietary Rights.<br>
Mycroft is a trademark of Mycroft in the United States.
Other trademarks, names and logos on this Site are the property of their respective owners.</p>
<p>Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Mycroft, Copyright © 2017 Mycroft AI, Inc.
All rights not expressly granted herein are reserved.
Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.</p>
<p>## Intellectual Property Infringement.<br>
Mycroft respects the intellectual property rights of others, and we ask you to do the same.
Mycroft may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Mycroft’s designated agent the following information:<br>
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<br>
* Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.<br>
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Mycroft to locate the material.<br>
* Information reasonably sufficient to permit Mycroft to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.<br>
* 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 and/or trademark owner, its agent, or the law.<br>
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</p>
<p>Mycroft’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:</p>
<p>Stephen Penrod<br>
Mycroft AI Inc.<br>
300 E.
39th Street<br>
Kansas City, MO 64111<br>
816-287-1992<br>
dmca@mycroft.ai</p>
<p>Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.</p>
<p>### Submitting a DMCA Counter-Notification<br>
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received.
If you receive such notice from us, you may provide us with a counter-notification in writing to Mycroft designated agent that includes all of the following information:<br>
1.
Your physical or electronic signature;<br>
2.
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 to it was disabled;<br>
3.
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
and<br>
4.
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Mycroft may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.</p>
<p>### Termination of Repeat Infringers<br>
Mycroft reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.</p>
<p>## Disclaimer of Warranties.<br>
Your use of this Site and/or the Services is at your own risk.
The Materials have not been verified or authenticated in whole or in part by Mycroft, and they may include inaccuracies or typographical or other errors.
Mycroft does not warrant the accuracy of timeliness of the Materials contained on this Site.
Mycroft has no liability for any errors or omissions in the Materials, whether provided by Mycroft, our licensors or suppliers or other users.</p>
<p>MYCROFT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
MYCROFT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.</p>
<p>## Limitation of Liability.<br>
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.<br>
MYCROFT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYCROFT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MYCROFT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.<br>
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL MYCROFT’S LIABILITY TO YOU EXCEED TEN DOLLARS (USD $10), EVEN IN THE EVENT OF A FAILURE OF THE ESSENTIAL PURPOSE OR ANY LIMITED REMEDY UNDER THIS AGREEMENT.</p>
<p>## Local Laws.
Export Control.<br>
Mycroft controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
If you use this Site outside the United States of America, you are responsible for following applicable local laws.</p>
<p>## Feedback.<br>
If you send or transmit any communications, comments, questions, suggestions, or related materials to Mycroft, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.
Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Mycroft is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.
Where the foregoing assignment is prohibited by law, you hereby grant Mycroft an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Mycroft may determine in its sole discretion.
Notwithstanding the foregoing, you understand and agree that Mycroft is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.</p>
<p>## Dispute Resolution and Arbitration.
Class Action Waiver.<br>
### Please read the following (this “Provision”) carefully.
It affects your rights.<br>
Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us at support@mycroft.ai.
This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Mycroft.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.</p>
<p>Please read this Provision carefully.
It provides that all Disputes between you and Mycroft shall be resolved by binding arbitration.
Arbitration replaces the right to go to court.
In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).</p>
<p>For the purpose of this Provision, “Mycroft” means Mycroft and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.
The term “Dispute” means any dispute, claim, or controversy between you and Mycroft regarding any aspect of your relationship with Mycroft, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).
“Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Mycroft’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.</p>
<p>WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.</p>
<p>### Pre-Arbitration Claim Resolution<br>
For all Disputes, whether pursued in court or arbitration, you must first give Mycroft an opportunity to resolve the Dispute.
You must commence this process by mailing written notification to Mycroft AI, Inc., Legal Department, 300 E 39th St, Kansas City, Missouri, 64111.
That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.
If Mycroft does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
You may pursue your Dispute in a court only under the circumstances described below.</p>
<p>### Exclusions from Arbitration/Right to Opt Out<br>
Notwithstanding the above, you or Mycroft may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court.
or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES _WITHIN 30 DAYS_ FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).
You may opt out of this Provision by mailing written notification to Mycroft AI, Inc., Legal Department, 300 E 39th St, Kansas City, Missouri, 64111.
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Mycroft through arbitration.
Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Mycroft.
**Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.**</p>
<p>### Arbitration Procedures<br>
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Mycroft may initiate arbitration proceedings.
The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.
The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.
All issues shall be for the arbitrator to decide, including the scope of this Provision.</p>
<p>For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply.
for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.
In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.
The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules &.
Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.
The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
This Provision governs in the event it conflicts with the applicable arbitration rules.
Under no circumstances will class action procedures or rules apply to the arbitration.</p>
<p>Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.</p>
<p>#### Arbitration Award<br>
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.
Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.</p>
<p>#### Location of Arbitration<br>
You or Mycroft may initiate arbitration in either Kansas City, MO or the federal judicial district that includes your billing address.
In the event that you select the federal judicial district that includes your billing address, Mycroft may transfer the arbitration to Kansas City, MO in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.</p>
<p>#### Payment of Arbitration Fees and Costs<br>
Mycroft will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration.
You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.
Fees and costs may be awarded as provided pursuant to applicable law.
In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Mycroft as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.</p>
<p>### Class Action Waiver<br>
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Mycroft specifically agree to do so following initiation of the arbitration.
**If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.** Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.</p>
<p>### Jury Waiver<br>
You understand and agree that by entering into this Agreement you and Mycroft are each waiving the right to a jury trial or a trial before a judge in a public court.
In the absence of this Provision, you and Mycroft might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).
Except as otherwise provided below, those rights are waived.
Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.</p>
<p>### Severability<br>
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.
If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.</p>
<p>### Continuation<br>
This Provision shall survive the termination of your service with Mycroft or its affiliates.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Mycroft makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Mycroft to adhere to the language in this Provision if a dispute between us arises.</p>
<p>## General.<br>
Mycroft prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.
However, certain violations of these Terms, as determined by Mycroft, may result in immediate termination of your access to this Site without prior notice to you.
The Federal Arbitration Act, Missouri state law and applicable U.S.
federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.
Foreign laws do not apply.
Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Kansas City, Missouri.
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
Mycroft’s failure to enforce any of these Terms is not a waiver of such term.
These Terms are the entire agreement between you and Mycroft and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Mycroft about this Site.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.</p>
<p>## Contact Us.<br>
If you have any questions about these Terms or otherwise need to contact Mycroft for any reason, you can reach us at support@mycroft.ai.</p>