Terms of Use

Effective January 4, 2023

Holoride, Inc. (“holoride,” “We,” “Us,” or “Our”) offers certain hardware and software and operates a platform where users can download and interact with content and obtain services related to or in connection with our virtual reality (“VR”) service (collectively, the “holoride Technology”). The holoride Technology includes a variety of physical goods, platform services, software, websites, applications (including our mobile application (the “App”)), games, virtual items, and personalized experiences and content that allow you to access and immerse yourself in VR worlds and obtain services related to the holoride Technology. In addition to those materials that you may license from us, you may license applications, content, virtual items, and services from third parties as further set out in Section 3 (Third-Party Services).

These Terms of Service (“Terms”) apply to our website are www.shop.holoride.com (the “Site”) and your purchase, access to, and use of, any holoride Technology in the United States. If you use holoride Technology in the European Union (“EU”) or United Kingdom (“UK”), or if you access holoride GmbH’s website from the EU or UK, these terms and conditions apply to you. If you are using the Site or holoride Technology on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.

BY ACCEPTING THESE TERMS OR USING THE SITE OR THE HOLORIDE TECHNOLOGY, WITH OR WITHOUT A HOLORIDE ACCOUNT, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE HOLORIDE TECHNOLOGY.

THESE TERMS CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SITE AND THE HOLORIDE TECHNOLOGY, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIAL AND CLASS ACTIONS. PLEASE READ SECTION 23 (DISPUTE RESOLUTION) CAREFULLY AND IN ITS ENTIRETY.

THE SITE AND THE HOLORIDE TECHNOLOGY ARE INTENDED SOLELY FOR USERS WHO ARE 13 OR OLDER. ANY REGISTRATION FOR, OR USE OF, THE SITE OR THE HOLORIDE TECHNOLOGY BY ANYONE UNDER THE AGE OF 13 IS UNAUTHORIZED, UNLICENSED AND IN VIOLATION OF THESE TERMS. YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE HOLORIDE TECHNOLOGY WITH THE  PERMISSION AND SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. MAKE SURE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.

Your continued use of the Site or the holoride Technology will confirm your acceptance of these Terms. If you do not agree to these Terms, you must stop using the Site and the holoride Technology and delete your account (please see Section 5 (Accounts) for directions on deleting your account). We encourage you to review these Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Site and the holoride Technology.

  1. Access to the Service

  2. Permitted Use and Restrictions

  3. Third-Party Services

  4. Privacy

  5. Accounts

  6. Terms of Sale and Payments for Physical Products

  7. Subscriptions

  8. In-App Purchases

  9. Submitted Content

  10. DMCA Notice

  11. Idea Submissions

  12. Intellectual Property Rights

  13. Third-Party Links

  14. Notice for California Residents Pursuant to California Civil Code Section 1789.3

  15. Health and Safety Information

  16. Indemnification

  17. Exclusion of Warranties

  18. Assumption of Risk

  19. Limitation of Liability

  20. Termination

  21. Communication Between Us

  22. Governing Law

  23. Dispute Resolution

  24. Additional Important Terms

  25. Changes to These Terms

  26. Contact Us 

1. Access to the Service

a. Internet Access. When using the Site or the holoride Technology on your laptop, desktop, mobile device, VR headset or other device (your “Device”) you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device(s) and (ii) any Internet connection and telecommunications fees and charges that you incur.

b. Your Devices. holoride is not responsible for the operation of your Device(s). You are responsible for ensuring the system functions of your Device(s) are in working order when accessing the Site and/or holoride Technology.

c. No Guarantee. Access to and use of the Site and the holoride Technology may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

a. Site License. Subject to the terms and conditions of these Terms, holoride grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable, and non-assignable license to access and use the Site solely for personal and noncommercial purposes (unless otherwise authorized by us in writing) on a Device that you own or control.

b. Content and Software License. Subject to the terms and conditions of these Terms, if we enable through the holoride Technology the use of software, content, virtual items or other materials owned or licensed by us (“Software and Content”), we hereby grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, and non-assignable license to access, install, and use the Software and Content (including updates and upgrades provided by us that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for personal and non-commercial purposes (unless otherwise authorized by us in writing).

c. Reservation of Rights. Except for the licenses and rights expressly granted to you herein, no licenses or rights are granted to you by implication or otherwise.

d. Equipment, Software, and Updates. Certain equipment and software may be required to access and use the holoride Technology. In addition, we may need to automatically update the Software and Content that you obtain through the holoride Technology or provide you with new software to keep the holoride Technology functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the holoride Technology, you agree to such automatic updating.

e. Use Restrictions. You may not access or use the Site or the holoride Technology in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Site or holoride Technology, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Site or holoride Technology for any unlawful, prohibited, abnormal or unusual activity as determined by holoride in its sole discretion.

f. Eligibility. The Site and the holoride Technology are intended solely for users who are 13 or older. Any registration for or use of the Site or the holoride Technology by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you are of the legal age of majority in the jurisdiction in which you reside, or, if you are between the ages of 13 and the legal age of majority, that you are using the holoride Technology with the supervision of your parent or legal guardian who agrees to be bound by these Terms.

g. Investigations. We may, but are not obligated to, monitor, or review the Site and the holoride Technology at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site and the holoride Technology pursuant to Section 20 (Termination) below.

h. Violations of these Terms. You must not use (or permit a third-party to use) the Site or the holoride Technology: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or the holoride Technology or any operating system used by the Site or the holoride Technology; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) in a way that presents a health or safety risk to yourself or others; (iv) to collect or harvest any information or data from the Site, the holoride Technology, or our systems or attempt to decipher any transmissions to or from the servers running the Site or the holoride Technology; (v) via use of a robot, spider, or other automated device to monitor or copy the Site or holoride Technology or any information provided by the Site or holoride Technology; (vi) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vii) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and holoride has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Third-Party Services

a. Your use of services, applications, or content provided by third parties (“Third-Party Services”) may be subject to additional terms, conditions, fees, and policies imposed by the third party (together, “Third-Party Terms”). In the event that Third-Party Terms conflict with the provisions of these Terms, these Terms will govern. You are responsible for complying with any applicable Third-Party Terms, and we recommend that you review any applicable Third-Party Terms before using Third-Party Services. Your use of Third-Party Services is at your own risk. We have no obligations or liability with respect to transactions you enter into with a third party, your access to or use of any Third-Party Services, or any content or functionality therein, your rights to which are solely provided pursuant to a license between you and the provider of such Third-Party Services. In no event will holoride or its affiliates be considered the licensor of Third-Party Services, to have granted any rights to use Third-Party Services, to have assumed any obligations (including support obligations) with respect to the Third-Party Services, or to have made any representations or warranties with respect to the Third-Party Services. holoride and its affiliates have no liability for any information that you provide or authorize us to provide to a provider of a Third-Party Service, or for such third party's collection, use and disclosure of such information. If you are not presented with an end user license agreement when you acquire Third-Party Services, the following license terms apply to your use of such Third-Party Services: (i) the third party providing the Third-Party Services (and not holoride or its affiliates) is the licensor of such Third-Party Services; (ii) such third party grants you a limited, non-transferable license to access and use the Third-Party Services only for your personal and non-commercial purposes; and (iii) you may not modify, decompile or disassemble the Third-Party Services in whole or in part, or create any derivative works from or sublicense any rights in or to the Third-Party Services, unless otherwise expressly authorized by the third party or as permitted under applicable law notwithstanding these restrictions. holoride and its affiliates are not parties to the license agreement between you and the provider of such Third-Party Services or other Third-Party Terms.

4. Privacy

a. These Terms also incorporate the terms of our Privacy Policy [JB2] (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device(s) as explained in the Privacy Policy.

5. Accounts

a. holoride Account. To use certain features of the Service, you may be required to create a holoride account and provide us with a username, password, and certain other information about yourself. You may also create an account by logging in through certain third-party authentication platforms (e.g., Auth0). You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.

b. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify holoride immediately if you become aware of any unauthorized use of your password or your account.

c. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

d. Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

e. Account Cancellation by You. You may cancel your account at any time. You may cancel your account by logging into your account and selecting the cancellation or deletion option. You may also contact us at the contact details in Section 26 (Contact Us) below. If you have enrolled in a Subscription Plan and wish to cancel the Subscription Plan, please see the details in Section 7 (Subscriptions) below.

f. Account Cancellation by Us. holoride may terminate your account at any time for any reason or no reason, including if: (i) holoride determines that you are (A) in breach of or otherwise acting inconsistently with these Terms or (B) engaging in fraudulent or illegal activities or other conduct that may result in liability to holoride; (ii) holoride determines it is required by law to terminate your account; or (iii) holoride decides to stop providing the Site or the holoride Technology (or critical portions thereof). When terminating your account, holoride may cancel your account and delete the information in it. You have no ownership rights in your account.

6. Terms of Sale and Payments for Physical Products

a. Purchases of Products. If you choose to purchase physical products from us, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. holoride uses authorized third parties for the purpose of processing your transactions, credit card authorizations, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) holoride the right to store and process your information with such third parties. You agree that holoride will not be responsible for any failures of such third parties to adequately protect your information.

b. Product Availability. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings, without notice, at any time. All prices are displayed through the Site are exclusive of taxes and shipping charges. All orders are subject to acceptance and availability.

c. Personal Use. Unless you are an authorized retailer, products sold by or received from holoride are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from holoride. holoride reserves the right, with or without notice to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms as determined by holoride in its sole discretion.

d. Returns. holoride allows you to initiate a return within fourteen (14) days of the order delivery date. All returned items must be unused and undamaged, and in its original packaging. The original invoice must be included with any return. You are responsible for any return shipment costs.

7. Subscriptions

a. Subscription Plans. The use of the holoride Technology or some aspects of the holoride Technology is available only with a paid subscription (a “Subscription Plan”). If you purchase a Subscription Plan, you will be charged the subscription fee, plus any applicable taxes and other charges (“Subscription Fee”) at the beginning of your Subscription Plan and each Subscription Plan period (e.g., monthly or as specified when you purchase such Subscription Plan) thereafter.

b. Payment. To enroll in a Subscription Plan, you must provide a Payment Method. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. holoride uses authorized third parties for the purpose of processing your transactions and credit card authorizations. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) holoride the right to store and process your information with such third parties. You agree that holoride will not be responsible for any failures of such third parties to adequately protect your information. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend your Subscription Plan until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details.

WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION PLAN.

c. Renewal. Your Subscription Plan will renew automatically at the end of the applicable subscription period (e.g., at the end of the month for a monthly subscription or as otherwise specified when you purchase such Subscription Plan) until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate and be provided with the option to cancel in accordance with these Terms.

d. Cancellation. You may cancel your Subscription Plan at any time. To cancel, visit your profile page and select the option to cancel your Subscription Plan, or contact us as set forth in Section 26 (Contact Us). You will continue to have access to the Service through the end of your billing period.

e. Changes to the Subscription Plan or Subscription Fee. We reserve the right to change Subscription Plans or adjust pricing for Subscription Plans in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price change or changes to your Subscription Plan will take effect in the next subscription cycle after notice to you.

f. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used Subscription Plan periods. Following any cancellation, however, you will continue to have access to the subscription portions of the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such refunds, discounts, or other consideration, and the decision to provide them, are at our sole discretion. The provision of refunds, discounts, or other consideration in one instance does not entitle you to refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.

8. In-App Purchases

a. You may have the ability to purchase digital content, additional or enhanced functionality, or digital media content (collectively, “In-App Purchases”) from various third-party game providers within certain aspects of the holoride Technology. The processing of your personal information is carried out by the relevant third-party game provider.

b. When you make In-App Purchases, we receive high-level information about the purchase (e.g., an identification number generated by the application store through which you downloaded the App (e.g., Apple App Store, Google Play Store), purchase type, country of residence).  

c. Except as described in these Terms, we have no responsibility for any transaction you enter into with a third party for Third-Party Services or In-App Purchases and assume no liability for Third-Party Services or Third-Party In-App Purchases that occur within Third-Party Services.

9. Submitted Content

a. holoride is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Site or the holoride Technology via any function that allows a user to message, post, or share content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have permission from the rightful owner, or are otherwise entitled by law to upload or post the content; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. holoride may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Site and the holoride Technology or our users, or otherwise enforce these Terms. Further, holoride may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.

b. holoride does not claim ownership of any of your Submitted Content.  With respect to all of your Submitted Content, you grant holoride a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Site, the holoride Technology, and holoride’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site or the holoride Technology (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Site and the holoride Technology a non-exclusive license to access your Submitted Content through the Site and the holoride Technology while the Submitted Content is made available through the Site and/or holoride Technology. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 9 (Submitted Content).

c. You acknowledge and agree that: (i) by using the Site or the holoride Technology, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and holoride has no responsibility to you or any third party for any Submitted Content that you create, submit, post, or publish; (iii) holoride does not guarantee any confidentiality with respect to your Submitted Content; and (iv) holoride is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Site and the holoride Technology and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) holoride has no control over and is not responsible for the use of Submitted Content by our users, including any user that has downloaded Submitted Content to a personal device; and (z) holoride may not be able to remove Submitted Content that is downloaded onto a user’s device. holoride does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

d. You acknowledge that holoride has the right to pre-screen your Submitted Content but has no obligation to do so. At holoride’s sole discretion, any Submitted Content may be included in the Site or the holoride Technology in whole or in part in modified form. In addition, holoride and its designees shall have the right, but not the obligation, in their sole discretion, to refuse or remove any Submitted Content that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property.

e. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will holoride be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Site or the holoride Technology.

10.  DMCA Notice

a. holoride has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of holoride or of a third party, or otherwise violated any intellectual property laws or regulations. holoride’s policy is to investigate any allegations of copyright infringement brought to its attention.

b. Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want holoride to delete, edit, or disable the material in question, you must provide holoride with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA)) to our designated copyright agent set forth below:

  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

  • Identification of the copyrighted work (or works) claimed to have been infringed;

  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit holoride to locate the material;

  • Information reasonably sufficient to permit holoride to contact you, including your address, telephone number, and e-mail address at which you may be contacted;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;

  • A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

    See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to holoride’s Designated Agent by email at x. You can also mail your DMCA request to:

Attn: holoride’s Designated Agent

Holoride, Inc. 

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and not be acknowledged. Once proper notice is received by the Designated Agent, it is holoride’s policy:

  • to remove or disable access to the infringing material;

  • to notify the content provider, member, or user that it has removed or disabled access to the material; and

  • that repeat offenders will have the infringing material removed from the Site and that holoride will terminate such content provider’s, member’s, or user’s access to the holoride Technology.

c. Counter-Notice. If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

  • Your physical or electronic signature;

  • 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;

  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  • Your name, address, and telephone number; and

  • A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, holoride may send a copy of the counter-notice to the original complaining party informing that person that holoride may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at holoride’s discretion.

11. Idea Submissions

a. We welcome feedback from our users and appreciate your comments regarding the Site and the holoride Technology. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

b. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Site, the holoride Technology, or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

12. Intellectual Property Rights

a. Trademarks. The holoride name and logo are trademarks and service marks of holoride GmbH. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

b. Ownership. Except for your Submitted Content, you acknowledge that all intellectual property rights in the Site and holoride Technology, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, Submitted Content belonging to other users, and all other content in the Site or the holoride Technology and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of holoride, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that holoride, and/or its licensors, own all right, title, and interest in and to the Site and the holoride Technology, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Site and the holoride Technology is protected by U.S. and international copyright laws. Further, you acknowledge that the Site and the holoride Technology may contain information that holoride has designated as confidential, and you agree not to disclose such information without holoride’s prior written consent. Nothing posted on the Site or the holoride Technology grants a license to any holoride trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site and the holoride Technology is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of holoride. When accessing the Site or the holoride Technology, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and the holoride Technology is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

13. Third-Party Links

a. The Site and the holoride Technology may contain links to or allow you to share content directly with other third-party websites and applications (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

b. These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

14. Notice for California Residents Pursuant to California Civil Code Section 1789.3

a. Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

15.  Health and Safety Information

a. There are important health and safety warnings and instructions that you must read before using the holoride Technology, which are available here as well as health and safety information and warnings associated with the virtual reality headset and controllers used in connection with the holoride Technology, and health and safety information and warnings associated with any vehicle in which the holoride Technology is used. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, AND PROPERTY DAMAGE, ENSURE THAT ALL USERS WHO ACCESS THE HOLORIDE TECHNOLOGY THROUGH YOU READ THE WARNINGS AND INSTRUCTIONS PROVIDED AT THE LINK ABOVE CAREFULLY BEFORE USING THE HOLORIDE TECHNOLOGY. YOU ALSO ARE RESPONSIBLE FOR ENSURING THAT ALL USERS WHO ACCESS THE HOLORIDE TECHNOLOGY THROUGH YOU READ THE WARNINGS AND INSTRUCTIONS FOR ANY THIRD-PARTY VIRTUAL REALITY HEADSET OR GAME CONTROLLER USED WITH THE HOLORIDE TECHNOLOGY OR VEHICLE IN WHICH THE HOLORIDE TECHNOLOGY IS USED. By using the holoride Technology, you represent and warrant that you have read and understand these warnings and instructions, and that you have ensured that anyone using the holoride Technology through you has read and understands these warnings and instructions. holoride may update or revise these warnings and instructions, so please review them periodically.

b. WARNING: FAILURE TO FOLLOW THE HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO THE HOLORIDE TECHNOLOGY, ACCESSORIES OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, BODILY HARM, DEATH, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING HOLORIDE TECHNOLOGY, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.

16. Indemnification

a. YOU AGREE TO DEFEND (AT OUR REQUEST), INDEMNIFY AND HOLD HARMLESS HOLORIDE AND ITS AFFILIATES, AND ITS INDEPENDENT CONTRACTORS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE BUSINESS PARTNERS, LICENSEES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “HOLORIDE PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, COSTS AND EXPERT WITNESS FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR PURCHASE, SUBSCRIPTION TO OR USE OF, OR INABILITY TO USE, THE SITE OR THE HOLORIDE TECHNOLOGY; (II) YOUR VIOLATION OF THESE TERMS OR ANY OTHER APPLICABLE TERMS, POLICIES, WARNINGS OR INSTRUCTIONS PROVIDED BY HOLORIDE OR A THIRD PARTY IN RELATION TO THE SITE OR THE HOLORIDE TECHNOLOGY; (III) ANY CLAIM BROUGHT BY ANY THIRD PARTY ACCESSING THE SITE OR THE HOLORIDE TECHNOLOGY THROUGH YOU, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT; (IV) ANY CLAIM OF PERSONAL OR BODILY INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE HOLORIDE TECHNOLOGY OR USE OF THE SITE OR THE HOLORIDE TECHNOLOGY BY ANY PERSON ACCESSING THE SITE OR THE HOLORIDE TECHNOLOGY THROUGH YOU, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT; (V) ANY FEDERAL, STATE, OR FOREIGN CIVIL OR CRIMINAL ACTIONS RELATED TO YOUR USE OF THE SITE OR THE HOLORIDE TECHNOLOGY OR USE OF THE SITE OR THE HOLORIDE TECHNOLOGY BY ANY PERSON ACCESSING THE SITE OR THE HOLORIDE TECHNOLOGY THROUGH YOU, WHETHER WITH OUR WITHOUT YOUR KNOWLEDGE OR CONSENT; (VI) YOUR VIOLATION OF ANY APPLICABLE LAW OR ANY RIGHTS OF ANY THIRD PARTY; OR (VII) ANY CONTENT OR INFORMATION YOU PROVIDE, UPLOAD, OR TRANSMIT VIA THE SITE OR HOLORIDE TECHNOLOGY.

17. Exclusion of Warranties

a. The products and services are provided by holoride on an “AS IS” and “AS AVAILABLE” basis, “WITH ALL FAULTS” and without warranty of any kind. No oral or written information, guidelines or advice given by holoride, or affirmation by us, by words or actions, shall constitute a warranty. To the maximum extent permitted by law, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOLORIDE DOES NOT WARRANT THAT THE HOLORIDE TECHNOLOGY IS SAFE FOR USE, INCLUDING IN A MOVING VEHICLE OR IN CONJUNCTION WITH ANY OTHER HARDWARE OR DEVICE.

b. WE MAKE NO GUARANTEE THAT THE SITE OR THE HOLORIDE TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENETS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR THE HOLORIDE TECHNOLOGY OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE OR THE HOLORIDE TECHNOLOGY.

c. Because some states or jurisdictions do not allow the disclaimer of implied warranties, aspects of the foregoing disclaimers may not apply to you.

18. Assumption of Risk

a. Although we work hard to specify clear guidelines for everyone who uses the holoride Technology, the holoride Technology is provided “as is,” and we make no representations or guarantees that it always will be safe, secure, or error-free, failsafe, or that it will function without disruptions, delays, or imperfections. Further, the holoride Technology may be used while riding as a passenger in a moving vehicle; driving or operating a moving vehicle and riding as a passenger in a moving vehicle presents inherent risks whether or not a passenger is using the holoride Technology. The holoride Technology must never be used while driving or operating a vehicle.

b. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE HOLORIDE TECHNOLOGY IS AT YOUR SOLE RISK. You acknowledge that in connection with use of the holoride Technology you are voluntarily engaging in activities with the potential for accidents or unexpected incidents, which may result in personal injury or bodily harm, including death, property damage, or other harm or damage. You further acknowledge that use of VR technology and/or the holoride Technology carries with it the risk that the user may experience the following: dizziness and eye fatigue; motion sickness; epilepsy; fainting; severe dizziness; other symptoms caused by flashes and images; and muscle, joint, neck, or head pain. In addition, you acknowledge that use of the holoride Technology may result in bodily injury to the user or individuals in proximity to the user, or property damage, including but not limited to, if the holoride retrofit device, virtual reality headset, or game controllers unexpectedly separate from the user, become dislodged from the vehicle, or the vehicle is involved in a collision or other incident while the holoride Technology is in use.

c. THE HOLORIDE PARTIES WILL NOT BE RESPONSIBLE FOR ANY PROBLEMS, INJURIES, INCIDENTS, ACCIDENTS, DAMAGE OR OTHER HARM THAT MAY OCCUR IN CONNECTION WITH USE OF THE HOLORIDE TECHNOLOGY. YOU (FOR YOURSELF AND ON BEHALF OF ANY USERS WHO ACCESS THE HOLORIDE TECHNOLOGY THROUGH YOU) HEREBY ASSUME ALL RISKS AND RESPONSIBILITIES OF ANY KIND ASSOCIATED WITH USE OF THE HOLORIDE TECHNOLOGY AND WILL BE RESPONSIBLE AND LIABLE FOR ANY AND ALL PROPERTY DAMAGE, PERSONAL AND/OR BODILY INJURY, INCLUDING DEATH, AND/OR ANY OTHER HARM OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH USE OF THE HOLORIDE TECHNOLOGY BY YOU OR ANY OTHER USER OF THE HOLORIDE TECHNOLOGY WHO ACCESSES THE HOLORIDE TECHNOLOGY THROUGH YOU, EXCEPT TO THE EXTENT SUCH INJURY, DAMAGE, OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF HOLORIDE. You will look to your own resources, insurers, any responsible third party (other than the holoride Parties), or the insurer of any responsible third party (other than the holoride Parties) for any claims or damages in connection with the use of the holoride Technology and related activities hereunder.

19.  Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HOLORIDE PARTIES BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE HOLORIDE TECHNOLOGY OR OTHERWISE IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, BODILY HARM, DEATH, PROPERTY DAMAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HOLORIDE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE HOLORIDE TECHNOLOGY, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SITE OR THE HOLORIDE TECHNOLOGY OR ANY DATA LOSS, EVEN IN THE EVENT OF THE HOLORIDE PARTIES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THE HOLORIDE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

b. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE HOLORIDE TECHNOLOGY OR YOUR USE THEREOF WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID HOLORIDE IN THE PAST TWELVE MONTHS.

c. The laws of some jurisdictions do not allow, or do not allow some of, the disclaimers or limitations on liability above, so some or all of the disclaimers and limitations in this section may not apply to you.

d. holoride does not make any representations regarding or warranties with respect to any third-party virtual reality headset, game controller, or other third-party device, material or service that may be provided with or used in connection with your purchase of, subscription to, or other use of the holoride Technology. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE HOLORIDE PARTIES ARE NOT RESPONSIBLE FOR ANY DEFECT IN OR HARM CAUSED BY ANY THIRD-PARTY DEVICE OR SERVICE.

e- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

20. Termination

a. We may terminate these Terms and/or terminate your permission to use the Site or the holoride Technology immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Site or the holoride Technology, or (iii) we are prevented from providing the Site or the holoride Technology for any reason.

b. Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Site or the holoride Technology and/or your access to them with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

c. On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Site and the holoride Technology), and (iii) you acknowledge that we may restrict your access to the Site and/or the holoride Technology. Sections 4, 9(b), 11, 12, and 15–24 will survive any termination or expiration of these Terms.

21.  Communication Between Us

a. Except as otherwise provided in these Terms, if you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 26 (Contact Us) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

22. Governing Law

a. These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

23. Dispute Resolution

a. YOU AGREE THAT DISPUTES THAT YOU HAVE AGAINST US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR THE HOLORIDE TECHNOLOGY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER STATED BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

b. PLEASE READ THIS SECTION 23 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 23 REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) THAT YOU HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE HOLORIDE TECHNOLOGY, OR RELATED SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

c. In the event that you have any dispute with us that is connected to these Terms, the Site, or use of the holoride Technology or related services, you may contact us and we will endeavor to resolve this dispute. Except as provided below, you and holoride agree that any cause of action, legal claim, or dispute that you have against us arising out of or related to these Terms, the Site, the holoride Technology, or related services (“claim(s)”), except any cause of action, legal claim, or dispute relating to holoride’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents), must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users of the holoride Technology. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this Section 23, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this Section 23.

d. Instead of using arbitration, you can bring claims in your local “small claims” court, if the rules of that court will allow it. If you do not bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. JAMS will administer all arbitrations under its Streamlined Arbitration Rules and Procedures, as amended by these Terms. YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.

e. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property rights (like copyrights, patents, trademarks, and trade secrets) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide, in the jurisdictions specified below.

f. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to any version of these Terms. To opt out, you must send your name, residence address, and email address used for your holoride account, and a clear statement that you want to opt out of this arbitration provision, and you must send them here: support-us@holoride.com.

g. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, and email address you use for your account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to: support-us@holoride.com.

h. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your account, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.

i. We will pay all arbitration filing fees, administration and hearing costs and arbitrator fees for any arbitration if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with JAMS’s applicable rules, including rules regarding frivolous or improper claims.

j. For any claim that is not arbitrated or resolved in small claims court or an appeal thereof or not subject to arbitration, you agree that it will be resolved exclusively in the U.S. District Court for the Central District of California or a state court located in Los Angeles County, California. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

24. Additional Important Terms

a. Assignment. The rights granted to you under these Terms may not be assigned without holoride’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

b. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

c. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by holoride of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

d. Equitable Remedies. You acknowledge and agree that holoride would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

e. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and holoride with respect to the Site and the holoride Technology and supersedes any and all prior agreements between you and holoride relating thereto.

f. Transfer. We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.

25. Changes to These Terms

a. We reserve the right, at our sole discretion, to amend these Terms at any time. In the event of a material change to these Terms and where required by applicable law, we will provide a conspicuous message informing you of the change through the Site, via an email address associated with your account, or other communication method(s) that we deem reasonable. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site, the holoride Technology, or any part of them with or without notice

26. Contact Us

a. If you have any questions or comments relating to the Service or these Terms, please contact us at support-us@holoride.com.