Warranty Disclaimer; Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IVOREE , ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS. IVOREE  MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE OF THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF IVOREE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.IN NO EVENT WILL IVOREE, ITS DIRECTORS, OFFICERS, AGENTS, LICENSORS, AFFILIATES, CONTRACTORS, PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IVOREE  HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IVOREE  SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO INDEMNIFY AND HOLD IVOREE AND EACH OF ITS DIRECTORS, OFFICERS, LICENSORS, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, 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

YOUR USE OF AND ACCESS TO THE SERVICE;
YOUR VIOLATION OF ANY TERM OF THESE TERMS OR ANY TERMS GOVERNING YOUR USE OF ANY LINKED ACCOUNT;
YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PRIVACY, OR PUBLICITY RIGHT;
ANY CLAIM THAT A USER SUBMISSIONS MADE BY YOU HAS CAUSED DAMAGE TO A THIRD PARTY; OR
ANY USER CONTENT YOU POST OR SHARE ON OR THROUGH THE SERVICE.
Dispute Resolution and Arbitration

Generally. In the interest of resolving disputes between you and IVOREE  in the most expedient and cost effective manner, you and IVOREE  agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and IVOREE, IVOREE’S PARTNERS, LICENSORS, AFFILIATES are each waiving the right to a trial by jury or to participate in a class action.

Exceptions. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

Arbitrator. Any arbitration between you and IVOREE  will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting IVOREE .

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). IVOREE’s address for Notice is: WHITE IVORY ELEPHANT TECHNOLOGIES CORPORATION AGENT, 251 Little Falls Dr, Wilmington, DE 19808. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or IVOREE  may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or IVOREE  shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, IVOREE shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by IVOREE  in settlement of the dispute prior to the arbitrator’s award.

Fees. In the event that you commence arbitration in accordance with these Terms, IVOREE will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon Clark County, Nevada, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse IVOREE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No class actions. YOU AND IVOREE  AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IVOREE  agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications. In the event that IVOREE  makes any future change to this arbitration provision (other than a change to the IVOREE address for Notice), you may reject any such change by sending us written notice within 30 days of the change to IVOREE’s address for Notice, in which case your account with IVOREE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

Enforceability. If either the paragraph entitled “No Class Actions” in this Section, or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in these Terms shall govern any action arising out of or related to these Terms.

General. This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. To the extent that any action is permitted to be commenced in a court of law hereunder, you agree that any claim or dispute you may have against IVOREE  must be resolved exclusively by a state or federal court located in Clark County, Nevada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating all such claims or disputes. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the section titled Modification, above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of IVOREE  to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IVOREE  as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and IVOREE  other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IVOREE  without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement

Revised: July 2024