Terms of Use

Welcome to The Browser Company. Please read on to learn the rules and restrictions that govern your use of Dia and any related website(s), products, services and applications (collectively, “Dia”). If you have any questions, comments, or concerns regarding these terms or Dia, please contact us at:
Email: [email protected]
Address: 285 N 6th St 5th Floor Brooklyn, NY 11211

These Terms of Use (the “Terms”) are a binding contract between you and THE BROWSER COMPANY OF NEW YORK INC. (“Browser,” “we” and “us”). Your use of Dia in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Dia. These Terms include the provisions in this document as well as those in the Dia Privacy Policy and Copyright Dispute Policy. Your use of Dia may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using Dia, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Dia. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO DIA IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS DIA IN ANY MANNER.

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.

Will these Terms ever change?

We are constantly trying to improve Dia, so these Terms may need to change along with Dia. 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 diabrowser.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 Dia. If you use Dia in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

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

Children’s Online Privacy Protection Act

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 18 years of age; if you are a child under 18 years of age, please do not attempt to register for or otherwise use Dia or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at [email protected].

What are the basics of using Dia?

You may be required to sign up for an account, select a password and user name (“Dia User ID”), and provide us with certain information or data. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Dia User ID 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. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use Dia and have gotten your parent or guardian to agree to these Terms on your behalf). 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 only use Dia for your own internal, personal use, and only in a manner that complies with all laws that apply to you. You represent and warrant that to the extent you are using Dia to work on behalf of an employer or another entity, you have all rights to do this work through Dia. If your use of Dia is prohibited by applicable laws, then you aren’t authorized to use Dia. If your use of Dia is prohibited by your employer or another entity, then you aren’t authorized to use Dia. We can’t and won’t be responsible for your using Dia in a way that breaks the law or policies of another entity.

You will not share your Dia User ID, account or password with anyone, and you must protect the security of your Dia User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Dia User ID and account. Dia references, displays, and links to third party web sites and information located worldwide throughout the Internet, and performs or provides access to third party web services as well as third party extensions. Use of Dia requires Internet access and use of Dia may require you to accept additional terms.

You understand that by using any aspect of Dia, you may encounter materials displayed or performed or available on or through Dia, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth, and output generated by Dia in response to User Content (as defined below) (such output, “Output,” and all of the foregoing, the “Content”) that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use Dia at your sole risk and that Browser shall have no liability to you for Content that may be found by using Dia.

Dia may display, include or make available Content, data, information, applications, extensions or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using Dia, you acknowledge and agree that Browser is not responsible for examining or evaluating the Content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Browser, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

In addition, Dia and Third Party Materials that may be accessed, linked to or displayed through the Browser software are not available in all languages or in all countries. Browser makes no representation that Dia and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access Dia or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Browser and its licensors reserve the right to change, suspend, remove, or disable access to Dia at any time without notice. In no event will Browser be liable for the removal of or disabling of access to Dia. Browser may also impose limits on the use of or access to Dia, in any case and without notice or liability.

What about messaging?

As part of using Dia, you may receive communications through Dia, including messages that Browser sends you (for example, via email). When signing up for Dia, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use Dia?

You represent, warrant, and agree that you will not provide or contribute anything, including any User Content (as defined below), to Dia, or otherwise use or interact with Dia, in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else (including Browser);
2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Browser;
3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. jeopardizes the security of your Dia User ID, account or anyone else’s (such as allowing someone else to log in to Dia as you);
5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. violates the security of any computer network, or cracks any passwords or security encryption codes;
7. runs Maillist, Listserv, any form of auto-responder or “spam” on Dia, or any processes that run or are activated while you are not logged into Dia, or that otherwise interfere with the proper working of Dia (including by placing an unreasonable load on Dia’s infrastructure);
8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to Dia or Content (through use of manual or automated means);
9. copies or stores any significant portion of the Content;
10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Dia;
11. uses Dia or any Output to develop models or build an application, service, product or other offering that compete with any Browser product or service.

A violation of any of the foregoing is grounds for termination of your right to use or access Dia.

What are my rights in Dia?

The Content displayed or performed or available on or through Dia is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through Dia, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Browser’s) rights.

Subject to these Terms, we grant each user of Dia a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using Dia. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using Dia is expressly prohibited without prior written permission from us. You understand that Browser owns Dia. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any portion of Dia. Dia may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

You also understand that certain Output generated by Dia may be generated through use of artificial intelligence. As between you and Browser, you shall own all right, title and interest in and to the Output; subject to the licenses granted below. You acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields of study, and use of Dia may in some situations result in incorrect or inaccurate Output. You must verify the accuracy and appropriateness of any Output before relying on such Output.

What about anything I contribute to Dia – do I have to grant any licenses to Browser or to other users?

User Content

Any data, information, prompts or other material you post, upload, share, store, submit or otherwise provide through Dia, or in the course of using Dia, is your “User Content”. Some User Content may be viewable by other users. You are solely responsible for all User Content you contribute to Dia, including for the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. You represent that all User Content created by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and that you have all rights, licenses and permissions to provide, upload or submit the User Content to Dia and to grant the licenses herein. You agree that you are solely responsible for (and that Browser has no responsibility to you or any third party for) any User Content that you create, transmit or display while using Dia and for the consequences of your actions (including any loss or damage which Browser may suffer) by doing so.

You agree that you will not post, upload, share, store, or otherwise provide through Dia any User Content that: (i) violates these Terms; (ii) infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (iii) exploits minors; or (iv) that violates any law.

Licenses

In order to display your User Content on Dia, and to allow other users to enjoy it (where applicable), you grant us certain rights in the User Content (see below for more information). Please note that all of the following licenses are subject to our Dia Privacy Policy to the extent they relate to User Content that is also your personally-identifiable information.

By submitting User Content through, or in connection with your use of, Dia, you hereby do and shall grant Browser a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer), display, translate, aggregate, reproduce, display, and otherwise act with respect to such User Content and any resulting Output to enable Browser to provide access to Dia to you. In addition, you agree that Browser: (i) may disclose aggregate measures of usage and performance, and to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) acquired during provision of Dia hereunder, including that it could have acquired performing the same or similar services for another company; and (ii) shall have a perpetual, worldwide, non-exclusive, irrevocable right and license (a) to create anonymized compilations and analyses of data regarding your use of Dia (“Aggregate Data”), and (b) to create reports, evaluations, benchmarking tests, studies, analyses and other work product from Aggregate Data (“Analyses”). Browser shall own all right, title and interest in and to such Aggregate Data and Analyses and shall have the exclusive right to use such Aggregate Data and Analyses for any purpose, including, but not limited to product improvement, training, testing and marketing of Dia, and training of the Browser’s models. For clarity, the foregoing license grants do not affect your other ownership or license rights in your User Content. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Finally, you understand and agree that Browser, in performing the required technical steps to provide Dia to our users (including you), may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on Dia that infringes my copyright?

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through Dia infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Browser’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
   2. Identification of works or materials being infringed;
   3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
   4. Contact information about the notifier including address, telephone number and, if available, email address;
   5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
   6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
   1. remove or disable access to the infringing material;
   2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
   3. terminate such content provider’s access to Dia if he or she is a repeat offender.
3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
   1. A physical or electronic signature of the content provider;
   2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
   3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
   4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

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

Please contact Browser’s Designated Agent at the following address:
The Browser Company of New York, Inc.
Attn: DMCA Designated Agent
285 N 6th St 5th Floor Brooklyn, NY 11211

Who is responsible for what I see and do on Dia?

Any information or Content publicly posted or privately transmitted through Dia 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 Dia. We can’t guarantee the identity of any users with whom you interact in using Dia and are not responsible for which users gain access to Dia.

You are responsible for all User Content you contribute, in any manner, to Dia, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Dia may contain links or connections to third-party websites or services that are not owned or controlled by Browser. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Browser is not responsible for such risks.

Browser has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through Dia. In addition, Browser will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize via Dia. By using Dia, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through Dia, 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 Browser 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 Dia, or between users and any third party, you agree that Browser is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Browser, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Dia. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “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.”

Will Browser ever change Dia?

We’re always trying to improve Dia, so it may change over time. We may suspend or discontinue any part of Dia, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Dia. We’ll try to give you notice when we make a material change to Dia that would adversely affect you, but this isn’t always practical. We reserve the right to remove any User Content from Dia at any time, for any reason (including, but not limited to, if someone alleges you contributed that User Content in violation of these Terms), in our sole discretion, and without notice.

Does Dia cost anything?

Dia is currently free, but we reserve the right to charge for certain features of or all of Dia in the future. We will notify you before any component of Dia you are then using begin carrying a fee, and if you wish to continue using such component, you must pay all applicable fees for such component.

What if I want to stop using Dia?

You’re free to do that at any time by contacting us at [email protected]; please refer to our Dia Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using Dia.

Browser is also free to terminate (or suspend access to) your use of Dia or your account for any reason in our discretion, including your breach of these Terms. Browser 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 (including User Content and Output) associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

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 indemnify us, 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.

What else do I need to know?

Warranty Disclaimer. Browser 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 (Browser and all such parties together, the “Browser Parties”) make no representations or warranties concerning Dia, including without limitation regarding any Content contained in or accessed through Dia or any Output generated from Dia, and the Browser Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Dia 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, Dia. The Browser Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with Dia. DIA, CONTENT AND OUTPUT ARE PROVIDED BY BROWSER (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 DIA 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.

IN PARTICULAR, THE BROWSER PARTIES, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF DIA, OR ANY OUTPUT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,

(B) YOUR USE OF DIA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF DIA, INCLUDING ANY OUTPUT, WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF DIA WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DIA, INCLUDING ANY OUTPUT, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE BROWSER PRODUCTS AND SERVICES, INCLUDING DIA, ARE NOT INTENDED OR SUITABLE (I) FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE BROWSER PRODUCTS OR SERVICES, INCLUDING DIA, COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE NOR (II) TO BE USED TO MAKE LEGALLY-IMPACTFUL DECISIONS ABOUT YOU OR ANY OTHER PERSON, INCLUDING WITH RESPECT TO FINANCIAL OR LENDING SERVICES, HOUSING, INSURANCE, EDUCATION ENROLLMENT OR OPPORTUNITY, CRIMINAL JUSTICE, EMPLOYMENT OPPORTUNITIES, HEALTH-CARE SERVICES OR ACCESS TO ESSENTIAL GOODS OR SERVICES.

WITHOUT LIMITING THE FOREGOING, BROWSER WILL NOT BE RESPONSIBLE FOR ANY ACTIONS BY YOU BASED ON ANY OUTPUT, AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF ANY OUTPUT GENERATED THROUGH DIA. BROWSER CANNOT CONTROL AND HAS NO DUTY TO TAKE ANY ACTION REGARDING HOW YOU MAY INTERPRET, RELY ON, ACT ON OR USE ANY OUTPUT, AND YOU HEREBY RELEASE BROWSER FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED OUTPUT THROUGH DIA.

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 BROWSER 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 ONE-HUNDRED ($100) DOLLARS 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.

Indemnity. You agree to indemnify and hold the Browser Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of Dia (including any actions taken by a third party using your account) or any Output, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Dia account, in any way (by operation of law or otherwise) without Browser’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

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 New York, without regard to the conflicts of laws provisions thereof.

ARBITRATION AGREEMENT

DISPUTE RESOLUTION; BINDING ARBITRATION; JURY TRIAL; AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (THE “ARBITRATION AGREEMENT”), WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS ARBITRATION AGREEMENT CONTAINS PROCEDURES FOR FINAL AND BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.

YOU AND BROWSER ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved by emailing us at [email protected]. In the event we are unable to resolve a complaint to your satisfaction, this section explains how any Dispute (as defined below) will be resolved.

For purposes of this section, the terms “Browser,” “our,” “we,” or “us” includes The Browser Company of New York, Inc. as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Browser or its present or future affiliates or subsidiaries. Both you and Browser acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of these Terms, Browser’s 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 a third-party beneficiary hereof.

YOU AND BROWSER AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION) BASIS. ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

You and Browser agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

For purposes of this Arbitration Agreement, “Dispute” shall include, but is not limited to, any claims or controversies between you and Browser that are related in any way to these Terms, including, but not limited to, your use of Dia or Browser’s policies, privacy practices, advertising, and/or any communications between you and Browser (to the extent applicable to a dispute regarding Browser), whether occurring on Dia or Browser’s website, or otherwise, even if the Dispute arises after the termination of your relationship with Browser. “Dispute” also includes, without limitation, claims that: (a) you bring against Browser; (b) Browser brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Browser, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms or out of a prior agreement with Browser (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms. “Dispute” does not include any disagreement or dispute arising out of and relating to (1) your use of third-party services; (2) any breach of your privacy rights caused by a third party; (3) your reliance on claims or statements made by a third party; and (4) patents, copyrights, trademarks, and trade secrets, including piracy, infringement, or unauthorized use of intellectual property (collectively, “Excluded Disagreements”); provided further, with respect to (1) to (3) of the foregoing, you acknowledge and agree to release and hold us harmless from any and all liability arising from, made, or caused by an applicable third-party provider as set forth and described in these Terms. Excluded Disagreements shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this section; (c) any issues arising from or relating to the arbitrability of any Dispute and/or the forum in which a dispute should be arbitrated; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

Mandatory Pre-Arbitration Informal Dispute Resolution

You and Browser agree to engage cooperatively, and in good faith, to try to resolve any Dispute prior to you or Browser initiating an arbitration proceeding. You or Browser must first send a written notice (“Pre-Arbitration Notice”) to the other party, and your Pre-Arbitration Notice to Browser must include the following: (a) a detailed description of the nature and the basis for the Dispute and any relief sought (including a detailed calculation of any damages); (b) your full name and the email address associated with your Dia account; and (c) sufficient information to enable you or us to identify any transaction. Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel).

Your Pre-Arbitration Notice to Browser must be sent to 285 N 6th St 5th Floor Brooklyn, NY 11211, with a copy via email to [email protected]. Our Pre-Arbitration Notice to you will be sent to the most recent contact information that you have provided to us.

For a period of 60 days from the date of receipt of a completed Pre-Arbitration Notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a Pre-Arbitration Notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or Browser may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

This pre-arbitration process is essential so that you and Browser have a meaningful chance to resolve disputes informally. If the sufficiency of a Pre-Arbitration Notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Arbitration Rules and Procedures

If, after the foregoing informal negotiations, the parties cannot resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language and shall be administered by the American Arbitration Association (the “AAA”) pursuant to its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, that are in effect at the time the arbitration is initiated (the “Rules”), as modified by the terms set forth in this Agreement. Copies of the Rules can be obtained at the AAA’s website (www.adr.org). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of Rules, but in no event, unless you and Browser agree otherwise, shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third-party neutral upon mutual written agreement.

To commence an arbitration proceeding, you must send an arbitration demand to the AAA and serve a courtesy copy to Browser, located at: 285 N 6th St 5th Floor Brooklyn, NY 11211, with an electronic copy sent to [email protected], or we must send an arbitration demand to AAA and serve a courtesy copy on you at the most current address we have on file. The physical courtesy copy must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice.

Any complaint or arbitration demand must be accompanied by a copy of the Pre-Arbitration Notice, and a certification personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Browser representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing a complaint or arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel if the arbitrator determines that a frivolous and/or improper claim was initiated by parties and/or their counsel.

Cost of Arbitration

The Rules will govern payment of all arbitration fees as modified by this Arbitration Agreement, unless the parties mutually agree to a different arbitration provider. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

The arbitration will be conducted by a single arbitrator who will apply these Terms as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only.

Although under some laws Browser may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Browser will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11, which the parties agree shall be applicable in arbitration. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall also apply and be enforced by the arbitrator after entry of an award. An award that has been satisfied may not be entered in court. Browser will consider a request to reimburse the consumer filing fee upon a demonstration of financial hardship.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, 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, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND BROWSER AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF OR ANY PRIVATE ATTORNEY GENERAL CLAIM), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

Additional Procedures for Coordinated Disputes/Filings

You and Browser agree that these procedures (in addition to all others provided in this section) shall also apply if your claim is part of a “Mass Filing” (defined below).

If 25 or more similar Disputes (including yours) are asserted against Browser by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), the AAA’s Mass Arbitration Supplementary Rules and the additional procedures set forth herein shall apply. You understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the date the Pre-Arbitration Notice is received until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this section.

A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Coordinated Disputes/Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Coordinated Disputes/Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

STAGE ONE: Assuming there are at least 50 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall each select 25 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Browser shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Browser shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Browser shall again pay the mediator’s fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

A court of competent jurisdiction shall have the authority to enforce this staging requirement of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

Waiver of Jury Trial; Waiver of Class Actions

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND BROWSER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND BROWSER ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. You and Browser 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 Browser over whether to vacate or enforce an arbitration award, YOU AND BROWSER WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Browser is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

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: 285 N 6th St 5th Floor Brooklyn, NY 11211, 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 this Agreement’s arbitration agreement.

Exclusive Venue; Governing Law

If you send the opt-out notice described above, and/or in any circumstances where the foregoing Arbitration Agreement permits either you or Browser 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 Browser agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.

Severability

Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Coordinated Disputes/Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with Browser and/or these Terms.

Future Changes to Arbitration Agreement

If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: 285 N 6th St 5th Floor Brooklyn, NY 11211, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Browser in accordance with this version of the Arbitration Agreement.

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 Dia, provided that Browser 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 Browser agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Browser, 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 Browser, and you do not have any authority of any kind to bind Browser in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Arbitration Agreement, you and Browser agree there are no third-party beneficiaries intended under these Terms.