Terms of Service.

Welcome to TrueMeeting. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).] [BY CLICKING ON THE “ACCEPT” BUTTON, OR ACCESSING OR OTHERWISE USING OUR PRODUCTS,
SERVICES AND APPLICATIONS (THE “SERVICES”), YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS WITH RESPECT TO THE SERVICES. PROVISION OF THE SERVICES IS CONDITIONED ON, AND YOUR USE OF THE SERVICES SHALL CONSTITUTE, YOUR ASSENT TO THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS (OTHER THAN OUR PRIVACY POLICY). IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, CLICK THE “CANCEL” BUTTON AND YOU WILL NOT BE PROVIDED ACCESS TO THE SERVICES.]

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These Terms of Service (the “Terms”) are a binding contract between you and TRUEMEETING, INC. (“TrueMeeting,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and the Copyright Dispute Policy

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Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, consent for TrueMeeting to use your likeness and appearance for marketing and promotional purposes, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

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ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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Will these Terms ever change?

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We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.commonground-ai.com, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

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What about my privacy?

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TrueMeeting takes the privacy of its users very seriously. For the current TrueMeeting Privacy Policy, please click here.

Children’s Online Privacy Protection Act.

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The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@commonground-ai.com.

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What are the basics of using TrueMeeting?

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You may be required to sign up for an account, by using your e-mail address as your login credential (the “Login Credential”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Login Credential a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. In addition to the data collected in connection with the creation of your Login Credential, please note that we will may periodically confirm your identity, including through the use of biometric data collected from you in real time. If we have a reasonable suspicion that your Login Credential is being used by any person other than you or that it is being used for fraudulent purposes, we may automatically log you out of the Services and/or suspend your Login Credential. You will not share your Login Credential, account or password with anyone, and you must protect the security of your Login Credential, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Login Credential and account. You may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will use the Services only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Without limiting the foregoing, you are responsible for complying with all laws regarding wiretapping or recording.

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What about messaging?

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As part of the Services, you may receive communications through the Services, including messages that TrueMeeting sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the

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Services and providing us with your wireless number, you confirm that you want TrueMeeting to send you information regarding your account or transactions with us, which may include TrueMeeting using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from TrueMeeting, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from TrueMeeting. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

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Are there restrictions in how I can use the Services?

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You represent, warrant, and agree that you will not provide or contribute anything, including any User Submission (as defined below), to the Services, or otherwise use or interact with the Services, in a manner that (a) infringes or violates the intellectual property rights or any other rights of anyone else (including TrueMeeting); (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) jeopardizes the security of your Login Credential, account or anyone else’s (such as allowing someone else to log in to the Services as you); (e) attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) violates the security of any computer network, or cracks any passwords or security encryption codes; (g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means); (i) involves a high environment with a material risk of death or personal injury, including without limitation operation of weapons facilities, aircraft navigation or communications, or medical (including surgical) operations; or (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

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What are my rights in the Services?

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TrueMeeting retains all right, title and interest in and to the Services, including all intellectual property and proprietary rights embodied therein. Subject to your continued compliance with these Terms, you are granted a limited right to access and use the Services in accordance with these Terms.
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What about anything I contribute to the Services – do I have to grant any licenses to TrueMeeting or to other users?

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User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. User Submissions include your biographical avatar that you create through the use of the Services (the “TrueSelf Avatar”). You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are in compliance with all applicable laws, rules and regulations.

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You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making
ventures; or (viii) that violate any law.

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Likeness and Appearance Consent and Release

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By using the Services, you grant TrueMeeting the irrevocable right to use and disseminate your appearance, picture, portrait, photograph, voice, video, body scan, body form and/or likeness, including TrueSelf Avatar, in each case in all forms, all media, and all manners (“Likeness”) in perpetuity throughout the world for purposes of advertising or promoting the Services. For clarity, we will not sell, lease, trade or otherwise profit from your Likeness. For clarity, using your Likeness to market or promote the Services will not be deemed profiting from your Likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your Likeness (“Results”). To the fullest extent permitted by applicable law, you hereby irrevocably waive any claims that may be based on any usage of your Likeness, the Results or works derived therefrom, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, invasion of privacy, publicity, defamation or libel. You agree that this release shall be binding on you, your legal representatives, heirs, and assigns.

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What if I see something on the Services that infringes my copyright?

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We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click
here

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Who is responsible for what I see and do on the Services?

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Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

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Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TrueMeeting shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site or Services, or between users and any third party, you agree that TrueMeeting is under no obligation to become involved.

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Do the Services cost anything?

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The Services are currently offered free of charge. We will notify you before the Services begin carrying a fee, and if you wish to continue using the Services after such point, you must pay all applicable fees for such Services. Once the Services begin carrying a fee, we will update these Terms to include payment and renewal provisions.
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What if I want to stop using the Services?

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You’re free to do that at any time by contacting us at support@commonground-ai.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

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TrueMeeting is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. TrueMeeting has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any content associated with your account, including your TrueSelf Avatar, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent technically feasible, allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of TrueMeeting. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, our permission to use your Likeness or Results, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

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What about Mobile Applications?

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You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

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I use the TrueMeeting App available via the Apple App Store – should I know anything about that?

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These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application: (a) both you and TrueMeeting acknowledge that the Terms are concluded between you and TrueMeeting only, and not with Apple, and that Apple is not responsible for the Application or the content; (b) the Application is licensed to you on a limited, non-exclusive, non-transferrable, non- sublicensable basis, solely to be used in connection with the Services for your private, personal, non- commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; (c) you will only use the Application in connection with an Apple device that you own or control; (d) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (e) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; (f) you acknowledge and agree that TrueMeeting, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; (g) you acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, TrueMeeting, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (h) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (i) both you and TrueMeeting acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and (j) both you and TrueMeeting acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

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What else do I need to know?

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Warranty Disclaimer. TrueMeeting and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (TrueMeeting and all such parties together, the “TrueMeeting Parties”) make no representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services, and the TrueMeeting Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The TrueMeeting Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES ARE PROVIDED BY TRUEMEETING (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE TRUEMEETING PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO TRUEMEETING IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
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Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TrueMeeting's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

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Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

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Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with TrueMeeting and limits the manner in which you can seek relief from TrueMeeting. Both you and TrueMeeting acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, TrueMeeting officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
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(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Santa Clara County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
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(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. TrueMeeting will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. TrueMeeting will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
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(c) Small Claims Court; Infringement. Either you or TrueMeeting may assert claims, if they qualify, in small claims court in Santa Clara County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
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(d) Waiver of Jury Trial. YOU AND TRUEMEETING WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TrueMeeting are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and TrueMeeting over whether to vacate or enforce an arbitration award, YOU AND TRUEMEETING WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
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(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor TrueMeeting is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
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(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 171 Main Street #172, Los Altos, CA 94022 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. (g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or TrueMeeting to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and TrueMeeting agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Santa Clara County, California, or the federal district in which that county falls. (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with TrueMeeting. Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided
that the TrueMeeting may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TrueMeeting agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TrueMeeting, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TrueMeeting, and you do not have any authority of any kind to bind TrueMeeting in any respect whatsoever.

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Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and TrueMeeting agree there are no third-party beneficiaries intended under these Terms.

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How do I Contact TrueMeeting?

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If you have any questions, comments, or concerns regarding these Terms or the Services, please contact
us at:

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Email: support@commonground-ai.com
Address: 171 Main Street #172, Los Altos, CA 94022