WELCOME TO ALTIUS

Welcome to the Altius website owned and operated by Altius Global, Inc. and any of its subsidiaries or affiliates (“Altius,” “we,” “us” or “our”). These Terms of Service (“Terms of Service”) govern your use of the website located at www.altius.capital (and any derivatives thereof) (the “Site”) and all related products, services, tools, mobile applications, web applications and any other technology platforms or tools located at any Altius websites, including without limitation, successor website(s) or application(s) thereto (collectively, the “Services”). The terms “you,” “your” or “user” refers to you, the user. If you are using the Services on behalf of a business, association or other entity, “you” or “your” will also refer to such business, association or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association or other entity and we can rely on this.

IMPORTANT NOTICES

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN ANAGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDINGYOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TOARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMSYOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION and FURTHER (a)YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ALTIUS ON ANINDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ORREPRESENTATIVE ACTION OR PROCEEDING, (b) YOU WILL ONLY BE PERMITTEDTO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORYRELIEF) ON AN INDIVIDUAL BASIS and (c) YOU MAY NOT BE ABLE TO HAVE ANYCLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW .

These Terms Set Forth a Legally Binding Agreement

Please read these Terms of Service very carefully before accessing or using our Services. Byusing/ continuing to use our Services, you acknowledge you have read and understand and agreeto be bound by the Terms of Service, including those additional terms and conditions andpolicies referenced herein and/or available by hyperlink. Please print a copy of this agreementfor your records. If you do not agree to all the terms and conditions of these Terms of Service,then you may not access or use any Services. If these Terms of Service are considered an offer,acceptance is expressly limited to these Terms of Service.

Eligibility to Use the Services

To use the Services you must be and represent and warrant that you are, at least the age ofmajority in your state, province or jurisdiction of residence or if you are under the age ofmajority in your state, province or jurisdiction of residence, you represent and warrant that yourparent or legal guardian has reviewed these Terms of Service with you and accepts them on yourbehalf; parents or legal guardians are responsible for the activities of their minor dependentswhile using the Services. You warrant and represent that you (a) have all necessary rights, powerand authority to agree to these Terms of Service and perform your obligations hereunder and (b)nothing contained in these Terms of Service or in the performance of such obligations will placeyou in breach of any other contract or obligation.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, store and discloseyour personal information.

1. THE SERVICES
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A. Services. We reserve the right, but are not obligated, to limit the sales of our Servicesto any person, geographic region or jurisdiction. We may exercise this right on acase-by-case basis, in our sole discretion. We reserve the right to limit the quantitiesof any Services that we offer. All descriptions of Services are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinueany Service at any time. Any offer for any Service is void where prohibited.

B. Intellectual Property Ownership. All content on the Services (including, forexample, text, designs, graphics, logos, icons, images, audio clips, downloads,interfaces, information, code and software and the selection and manner ofcompilation and presentation) (collectively, the “Content”), is owned by Altius, ourcontent providers or our licensors (as applicable) and may be protected by copyright,trademark and other applicable laws.

Your access to and use of the Services does not grant you any license or right to useany copyrighted materials or any trademark, logo or service mark displayed on theServices. Altius, our content providers or our licensors (as applicable) retain full andcomplete title to and reserve all rights in the material on the Services, including allassociated intellectual property rights. Altius neither warrants nor represents that youruse of materials on the Services will not infringe rights of third parties.

You may access the Services only for your permitted use under these Terms ofService, and you may not modify or delete any copyright, trademark or otherproprietary notice relating to any material you access. You agree not to display or usein any manner the Altius marks without Altius's advance written permission.

All software used on the Services is the property of Altius or our licensors andprotected by United States and international copyright laws and subject to separatelicense terms, in which case those license terms will govern such software. You agreenot to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services,use of the Services or access to the Services or any contact on the website throughwhich the Services is provided, without express written permission by us.

All rights not expressly granted herein are reserved by Altius, our affiliates andlicensors. You agree to abide by all additional restrictions displayed on the Servicesas they may be updated from time to time.

C. Feedback. By sending us any feedback, comments, questions, ideas, proposals orsuggestions concerning Altius or any of our Services whether online, by email, bypostal mail or otherwise (collectively, “Feedback”), you represent and warrant (i)that you have the right to disclose the Feedback, (ii) that the Feedback does notviolate the rights of any other person or entity, including, but not limited to,intellectual property rights, such as infringing a copyright, trademark or patent;violating a right of privacy, attribution or withdrawal; or otherwise misappropriating atrade secret and (iii) that your Feedback does not contain the confidential orproprietary information of any third party or parties. By sending us any Feedback,you further (1) agree that we are under no obligation of confidentiality, express orimplied, with respect to the Feedback, (2) acknowledge that we may have somethingsimilar to the Feedback already under consideration or in development and (3) grantus an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under allintellectual property rights, to use, make, have made, incorporate into our Services,modify, copy, display, perform, distribute, prepare derivative works, publish,distribute and sublicense the Feedback, without any credit or compensation to you.This Feedback section shall survive any termination of your account or any aspect ofthe Services.

D. Third-Party Websites. Certain content, products and services available via theServices may include materials from third-parties or provide you with access tothird-party tools, products and resources over which we neither monitor nor have anycontrol nor input. Further, third-party links on our Site may direct you to third-partywebsites that are not affiliated with us. We are not responsible for examining orevaluating the content or accuracy of any third-party materials or websites or for anyother materials, products or services of third-parties. The views expressed inthird-party materials, websites, resources, products or services are those of suchthird-party and do not necessarily reflect our views.You acknowledge and agree that we provide access to such materials, products,websites, tools and resources “as is” and “as available” without any warranties,representations or conditions of any kind and without any endorsement. We do notwarrant and will not have any liability or responsibility arising from or relating tothird-party materials, websites, tools, products and resources. Any use by you ofthird-party materials, tools, products, services and resources offered through theServices is entirely at your own risk and discretion, and you should ensure that youare familiar with and approve of the terms on which such items are provided by therelevant third-party provider(s).We are not liable for any harm or damages related to the purchase or use of goods,services, resources, content or any other transactions made in connection with anythird-party websites. Please review carefully the third-party's policies and practicesand make sure you understand them before you engage in any transaction. You maynot use third-party content without that third-party’s permission or as otherwiseallowed by law. Complaints, claims, concerns or questions regarding third-partyproducts or services should be directed to the applicable third-party.

E. Errors, Inaccuracies and Omissions. Occasionally there may be information on theServices that contains typographical errors, inaccuracies or omissions that may relateto Services’ descriptions, pricing, promotions, offers, Services shipping charges,transit times and availability. We reserve the right, without prior notice, to (i) correctany errors, inaccuracies or omissions and (ii) change or update information or cancelorders, if any information in the Services or on any related website is inaccurate atany time (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Services oron any related website, including without limitation, pricing information, except asrequired by law. No specified update or refresh date applied in the Services or on anyrelated website, should be taken to indicate that all information in the Services or onany related website has been modified or updated.

2. USER ACCOUNT AND SECURITY

A. Agreement to Provide Accurate Registration Information. If you wish to participatein certain aspects of the Services, you may need to register for an account on theServices (“Account”). By creating an Account, you agree to (i) provide accurate,current and complete registration information about yourself, (ii) maintain andpromptly update as necessary your Account information, (iii) maintain the security ofyour password and accept all risks of unauthorized access to your Account and theinformation you provide us and (iv) immediately notify us if you discover orotherwise suspect any security breaches related to the Services or your Account.By creating an Account, you consent to receive electronic communications fromAltius (e.g., via email). These communications may include notices about yourAccount (e.g., password changes and other transactional information) and are part ofyour relationship with us. You agree that any notices, agreements, disclosures or othercommunications that we send to you electronically will satisfy any legalcommunication requirements, including, but not limited to, that such communicationsbe in writing. We may also send you promotional communications via email,including, but not limited to, newsletters, special offers, surveys and other news andinformation we think will be of interest to you. You may opt out of receiving thesepromotional emails at any time by following the unsubscribe instructions providedtherein.B. User is Responsible for Equipment and Software to Connect to Services. You mustprovide all equipment and software necessary to connect to the Services. You aresolely responsible for any fees, including Internet connection or mobile fees, that youincur when accessing the Services.C. User Submission of Personal Information. By submitting personal informationthrough our Services, you agree to the terms of our Privacy Policy, and you expresslyconsent to the collection, use and disclosure of your personal information inaccordance with the Privacy Policy.D. Altius May Suspend Hacked Accounts. Altius reserves the right to terminate,suspend or restrict your access to any Account(s) if (i) we discover you have createdmultiple Accounts for the same user or (ii) we suspect that the Account(s) have beenor will be used for any illegal, fraudulent or otherwise unauthorized purposes. Underno circumstances shall Altius or other persons be responsible or liable for any direct,indirect, consequential or other losses (including lost revenue, lost profits, lostbusiness opportunities, loss of good will or reputational harm), damages or costssuffered by you or any other person or entity due to any such termination, suspensionor restriction of access to any Account(s).E. User May Not Use the Services for Illegal Activity. You agree to use the Servicesonly for purposes that are legal, proper and in accordance with these Terms of Serviceand any applicable laws or regulations. Without limitation, you may not and may notallow or encourage any third-party to: (i) undertake any unlawful activity whichwould violate or assist in violation of, any law, statute ordinance or regulation,sanctions program administered in any relevant country; (ii) impersonate anotherperson (via the use of an email address or otherwise); (iii) upload, post, transmit orotherwise make available through the Services any content that infringes theintellectual or proprietary rights of any party; (iv) operate to defraud Altius, otherusers or any other person; (v) provide false, inaccurate or misleading information; (vi)use the Services to violate the legal rights (such as rights of privacy and publicity) ofothers; (vii) engage in, promote or encourage illegal activity (including, withoutlimitation, tax evasion or money laundering); (viii) harvest or otherwise collectinformation from the Services about others, including without limitation emailaddresses, without proper consent; (ix) exploit the Services for any unauthorizedcommercial purpose; (x) modify, adapt, translate or reverse engineer any portion ofthe Services; (xi) remove any copyright, trademark or other proprietary rights noticescontained in or on the Services or any part of it; (x) use any robot, spider, sitesearch/retrieval application or other device to retrieve or index any portion of theServices or the content posted on the Services or to collect information about its usersfor any unauthorized purpose; (xi) create user accounts by automated means or underfalse or fraudulent pretenses; or (xii) access or use the Services for the purpose ofcreating a product or service that is competitive with any of our products or Services.3. PAYMENT SERVICES; FEESA. Fees. Altius offers certain features of the Services which you can purchase as amonthly or yearly subscription (“Subscription”) or otherwise in a manner as furtherdescribed on the Site. A description of features associated with the Services isavailable via the Site. Altius also reserves the right to not process or to cancel yourtransaction in certain circumstances, for example, if your credit card is declined, if wesuspect the request or transaction is fraudulent, or in other circumstances Altiusdeems appropriate in its sole discretion.B. Payment Processors. Altius uses third-party providers to securely store your paymentcard information and process your payments (“Payment Processors”). You expresslyauthorize us or our Payment Processors to charge you for each transaction. OurPayment Processors may ask you to supply additional information relevant to yourtransaction, including your credit card number, the expiration date of your credit cardand your email and postal addresses for billing and notification (suchinformation, “Payment Information”). You will provide all Payment Informationdirectly to our Payment Processors. You represent and warrant that you have the legalright to use all payment method(s) represented by any such Payment Information.When you initiate a transaction through the Services, you authorize our PaymentProcessors to complete your transaction and to charge your payment method for thetransaction (plus any applicable taxes and other charges). You may need to provideadditional information to verify your identity before completing your transaction(such information is included within the definition of Payment Information). Byinitiating a transaction, you agree to the pricing, payment and billing policiesapplicable to such fees and charges, as posted or otherwise communicated to you. Allfees and applicable taxes, if any, are payable in United States dollars.C. Cancelling Payment and Chargebacks. If you have any concerns or objectionsregarding charges, you agree to raise them with us first and you agree not to cancel orreject any credit card or third-party payment processing charges unless you havemade a reasonable attempt at resolving the matter directly with Altius. You may onlycancel a transaction pursuant the policies as communicated to you by us or by ourPayment Processors. We may institute a chargeback policy as we deem appropriate inthe event that you or your bank does not honor a payment obligation or if ourPayment Processors question our ability to collect funds from you. As part of suchchargeback policy, we may in our sole discretion suspend, terminate or otherwiselimit your ability to use the Services or otherwise take any action we or our PaymentProcessors deem necessary.D. Changes to Price Terms for Subscriptions. Altius reserves the right to change itspricing terms for Subscriptions at any time, in which case Altius will notify you inadvance of such changes becoming effective. Changes to the pricing terms will notapply retroactively and will only apply for Subscription renewals after such changedpricing terms have been communicated to you and/or the general public. If you do notagree with the changes to Altius’ pricing, you may choose not to renew yourSubscription in accordance with the section “How to Cancel Your Subscription.”E. How to Cancel Your Subscription. All amounts are payable and charged at thebeginning of the Subscription and, because each such Subscription renewsautomatically for an additional period equal in length to the expiring Subscriptionterm until you cancel it, at the time of each renewal until you cancel, using thePayment Information you have provided. You must cancel your monthly or yearlySubscription before it renews to avoid the billing of the fees for the next Subscriptionperiod. You will not receive a refund for the fees you already paid for your currentSubscription period and you will continue to receive the Services ordered until theend of your current Subscription period.F. Future Functionality. You agree that your purchases are not contingent on thedelivery of any future functionality or features, or dependent on any oral or writtenpublic comments made by Altius regarding future functionality or features.4. DMCAAltius respects the intellectual property rights of others. It is our policy to respond promptlyto any claim that Content infringes the copyright or other intellectual property rights of anyperson. Altius will use reasonable efforts to investigate notices of alleged infringement andwill take appropriate action the Digital Millennium Copyright Act (“DMCA”) and theseTerms of Service. If you believe that your copyrighted work is infringed by Content, pleaseprovide a written DMCA notice to Altius at: Hello@altius.capitalA. Filing a DMCA “Take Down” Notification. If you are a copyright owner or an agentthereof and believe that any Content infringes upon your copyrights, you may submita take-down notification (“Take-Down Notification”) pursuant to the DMCA byproviding us with the following information in writing (see 17 U.S.C. § 512 forfurther detail):(i) A physical or electronic signature of a person authorized to act on behalfof the owner of an exclusive right that is allegedly infringed;(ii) Identification of the copyrighted work claimed to have been infringed or,if multiple copyrighted works, a representative list of such works at thatwebsite;(iii) Identification of the material that is claimed to be infringing or to be thesubject of infringing activity and that is to be removed or access to whichis to be disabled and information reasonably sufficient to permit us tolocate the material; **Providing URLs in the body of your DMCAnotification is the best way to help us locate content quickly**(iv) Information reasonably sufficient to permit us to contact you (thecomplaining party), such as an address, telephone number and electronicmail address at which you (the complaining party) may be contacted;(v) A statement that you (the complaining party) have a good faith belief thatuse of the material in the manner complained of is not authorized by thecopyright owner, its agent or the law;(vi) A statement that the information in the notification is accurate and underpenalty of perjury, that you (the complaining party) are authorized to acton behalf of the owner of an exclusive right that is allegedly infringed; and(vii) **(Optional) Provide information, if possible, sufficient to permit us tonotify the user(s) who posted the content that allegedly contains infringingmaterial.Any person who knowingly materially misrepresents that content or an activity is infringingor that any material or activity was removed or disabled by mistake or misidentification,shall be liable to us and possibly others for any damages, including costs and attorneys’ feesincurred by us in removing or disabling access to the material or activity claimed to beinfringing or in replacing the removed material or enabling access to it.5. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless Altius and its subsidiaries, affiliates,partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,suppliers, interns and employees, harmless from and against any and all losses, claims,damages, judgments, demands, actions, proceedings, investigations (whether formal orinformal) or expenses (including reasonable attorneys’ fees) or threats thereof, due to, arisingout of or relating to (a) your breach of these Terms of Service or the documents theyincorporate by reference, (b) your violation of (i) any law or (ii) the rights of a third-party or(c) your use of the Services.In the event of such a claim, suit or action, we will attempt to provide you notice of theclaim, suit or action at the contact information we have for your account/on file (provided,that failure to deliver such notice shall not eliminate or reduce your indemnificationobligations hereunder). Altius reserves the right, at its own cost, to assume the exclusivedefense and control of any matter otherwise subject to indemnification by you, in whichevent you will fully cooperate with Altius in asserting any available defenses. You agree thatthe provisions in this section will survive any termination of your account, these Terms ofService or your access to the Services, including the purchase or use of any benefits throughthe Services.6. DISCLAIMERS AND LIMITATIONS ON OUR LIABILITYTO THE EXTENT PERMITTED BY APPLICABLE LAW, ALTIUS AND ITS OFFICERS,EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES,CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OFDEALING OR USAGE OF TRADE.A. Altius Makes No Representations or Warranties; Disclaimer. THE SERVICES AREPROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTEDBY APPLICABLE LAW, ALTIUS AND ITS AFFILIATES MAKE NOREPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY ORCOMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THESERVICES OR THE CONTENT OF ANY THIRD-PARTY WEBSITES ORSERVICES LINKED TO OR INTEGRATED WITH OUR SERVICES. WE DO NOTREPRESENT OR WARRANT THAT (i) YOUR USE OF OUR SERVICES WILLBE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) ANY ERRORSIN THE SERVICE WILL BE CORRECTED, (iii) THE QUALITY OF THESERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (iv) THE SERVICESWILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF AMALICIOUS AND/ OR DESTRUCTIVE NATURE OR (v) THE RESULTS THATMAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BEACCURATE OR RELIABLE. YOU (AND NOT ALTIUS) ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.ALTIUS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i)ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (ii) PERSONALINJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO ORUSE OF THE SERVICES OR CONSUMPTION OF ANY CONTENT; (iii) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANYPERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OFTRANSMISSION TO OR FROM THE SERVICES; (v) ANY BUGS, VIRUSES,TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON ORTHROUGH THE SERVICES; (vi) ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED ORSHARED THROUGH THE SERVICES; OR (vii) LOSS OR DAMAGED CAUSEDBY ANOTHER USER’S VIOLATION OF THESE TERMS OF SERVICE.B. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, INNO EVENT WILL ALTIUS AND ITS AFFILIATES, OFFICERS, DIRECTORS,AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS,SERVICE PROVIDERS or LICENSORS BE RESPONSIBLE FOR ANY LOSSINCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES orFINANCIAL LOSSES or ANY INDIRECT, SPECIAL, CONSEQUENTIAL,EXEMPLARY or PUNITIVE DAMAGES ARISING FROM THESE TERMS OFSERVICE OR THE SERVICES or FOR ANY DAMAGES RELATED TO THELOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE,LOSS OF GOODWILL OR LOSS OF DATA and WHETHER CAUSED BY TORT(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE,EVEN IF FORESEEABLE AND EVEN IF ALTIUS HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NOEVENT SHALL THE MAXIMUM, TOTAL, CUMULATIVE LIABILITY OFALTIUS AND ITS AFFILIATES, FOR ALL CLAIMS ARISING OUT OF OR INANY WAY RELATED TO THESE TERMS OF SERVICE OR THE ACCESS TOAND USE OF THE SERVICES, EXCEED THE LESSER OF (i) $5,000 OR (ii)TOTAL AMOUNT YOU PAID TO ALTIUS IN FEES OVER THE TWELVE (12)MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TOTHE APPLICABLE CLAIM.Some jurisdictions do not allow the exclusion of certain warranties and limitations ofliability provided in this Section. If you are in such a jurisdiction, some of the abovelimitations and disclaimers may not apply to you. To the extent we may not, as amatter of applicable law, disclaim any implied warranty or limit our liabilities, thescope and duration of such warranty and the extent of our liability will be theminimum permitted by applicable law.7. COMMUNICATIONSAltius may communicate with you using email, phone calls, chatbots and text messages,including autodialed or prerecorded calls and text messages, at any email address ortelephone number that you provide us, to: (a) notify you regarding your Account; (b) providecustomer support; (c) troubleshoot problems with your Account; (d) resolve a dispute; (e)collect a debt; (f) poll your opinions through surveys or questionnaires; or (g) as otherwisenecessary to service your account or enforce these Terms of Service, our policies, applicablelaw or any other agreement we may have with you.Altius may route phone and text communications through a third-party service provider andwe or the service provider may record telephone conversations or chatbot exchanges youhave with Altius or its agents for quality control and training purposes or for our ownprotection.8. DISPUTE RESOLUTIONA. Mandatory Arbitration of Disputes. We each agree that any dispute, claim orcontroversy arising out of or relating to these Terms of Service or the breach,termination, enforcement, interpretation or validity thereof or the use of the Services(collectively, “Disputes”) will be resolved solely by binding, individual arbitrationand not in a class, representative or consolidated action or proceeding. You and Altiusagree that the U.S. Federal Arbitration Act governs the interpretation andenforcement of these Terms of Service and that you and Altius are each waiving theright to a trial by jury or to participate in a class action. This arbitration provisionshall survive termination of these Terms of Service.B. Exceptions. As limited exceptions to Section 8.a. above: (i) we both may seek toresolve a Dispute in small claims court if it qualifies; and (ii) we each retain the rightto seek injunctive or other equitable relief from a court to prevent (or enjoin) theinfringement or misappropriation of our respective intellectual property rights.C. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted bythe American Arbitration Association (“AAA”) under its Consumer Arbitration Rules(the “AAA Rules”) then in effect, except as modified by these Terms of Service. TheAAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party whowishes to start arbitration must submit a written Demand for Arbitration to AAA andgive notice to the other party as specified in the AAA Rules. The AAA provides aform Demand for Arbitration at www.adr.org.D. Arbitration Costs. Payment of all filing, administration and arbitrator fees will begoverned by the AAA Rules and each party shall bear its own costs and expenses ofarbitration, including legal fees.E. Injunctive and Declaratory Relief. Except as provided in Section 8.b. above, thearbitrator shall determine all issues of liability on the merits of any claim asserted byeither party and may award declaratory or injunctive relief only in favor of theindividual party seeking relief and only to the extent necessary to provide reliefwarranted by that party’s individual claim. To the extent that you or we prevail on aclaim and seek public injunctive relief (that is, injunctive relief that has the primarypurpose and effect of prohibiting unlawful acts that threaten future injury to thepublic), the entitlement to and extent of such relief must be litigated in a civil court ofcompetent jurisdiction and not in arbitration. The parties agree that litigation of anyissues of public injunctive relief shall be stayed pending the outcome of the merits ofany individual claims in arbitration.F. Class Action Waiver. YOU AND ALTIUS AGREE THAT EACH PARTY MAYBRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUALCAPACITY and NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if theparties’ Dispute is resolved through arbitration, the arbitrator may not consolidateanother person’s claims with your claims and may not otherwise preside over anyform of a representative or class proceeding. If this specific provision is found to beunenforceable, then the entirety of this Dispute Resolution section shall be null andvoid.9. MISCELLANEOUS TERMSA. These Terms May Change. We reserve the right, at our sole discretion, to update,change, modify or replace any part of these Terms of Service by posting updates andchanges to the Site. We may elect to notify you of such changes by mail, email,posting of modified Terms of Service or some other similar manner. However, it isyour responsibility to check the Site regularly for changes to these Terms of Service.Your continued use of or access to the Site or the Services following the posting ofany changes to these Terms of Service constitutes acceptance of those changes.B. Severability. In the event that any provision of these Terms of Service is determinedto be unlawful, void or unenforceable, such provision shall nonetheless beenforceable to the fullest extent permitted by applicable law and the unenforceableportion shall be deemed to be severed from these Terms of Service, suchdetermination shall not affect the validity and enforceability of any other remainingprovisions.C. Termination. These Terms of Service are effective unless and until terminated byeither you or us. You may terminate these Terms of Service at any time by notifyingus that you no longer wish to use the Services or when you cease using our Services.We are free to terminate (or suspend access to) to your use of the Services (or any partthereof) or your Account, if (i) you fail or we suspect that you have failed, to complywith any term or provision of these Terms of Service or (ii) for any other reason inour sole discretion. We also may terminate these Terms of Service at any time withoutnotice. Even after your right to use the Services is terminated, the obligations andliabilities of the parties incurred prior to the termination date shall survive thetermination and the Terms of Service will remain enforceable against you.Provisions that, by their nature, should survive termination of these Terms of Serviceshall survive termination. By way of example, but without limitation, all of thefollowing will survive termination: any obligation you have to pay us or indemnifyus, any limitations on our liability and any terms regarding ownership or intellectualproperty rights.D. No Assignment of the Terms of Service. You may not assign these Terms of Serviceto any other party. We may assign these Terms of Service or delegate any or all of ourrights and responsibilities under these Terms of Service to any third parties, withoutnotice to you.E. Governing Law and Jurisdiction. These Terms of Service and all disputes arising outof or relating to the Terms of Service shall be governed by, construed and enforced inaccordance with the laws of the State of New York, in the United States, withoutregard to its conflict of laws principles. These disputes will be resolved exclusively inthe federal and state courts in the State of New York, and you and we consent topersonal jurisdiction in those courts.F. Waiver. No delay or omission by us in exercising any rights or remedies thereundershall impair such right or remedy or be construed as a waiver of any such right orremedy. Any single or partial exercise of a right or remedy by us shall not precludefurther exercise or any right or remedy by us. No waiver by us shall be valid unless inwriting signed by us.G. Headings. The headings used in the Terms of Service are included for convenienceonly and will not limit or otherwise affect these Terms of Service.H. Entire Agreement. These Terms of Service and any policies or operating rules postedby us on this website or in respect to the Services constitutes the complete andexclusive agreement and understanding between you and us related to the Servicesand supersedes any prior or contemporaneous agreements, communications andproposals, whether oral or written, between you and us (including, but not limited to,any prior versions of the Terms of Service). Any ambiguities in the interpretation ofthese Terms of Service shall not be construed against the drafting party.I. Contact Information. Questions about the Terms of Service should be sent to usat Hello@altius.capital