TERMS OF USE

TERMS OF USE Bula Instant Bet Version 1.0.0

‍IMPORTANT NOTICE:
These Terms of Use have been updated as Dec 20^th,2024, and shall supersede and replace all prior Terms of Use.

These Terms of Use (“the Terms” or “TOU”) and the Arbitration Agreement(see Section 16) form binding agreements between you (“You,” or “User,”)and Bula Technologies, Inc. (“Bula,” the “Company,” “Us, or “We”) which provide all of the terms and conditions governing Your access and use of the Bula InstantBets App and any related websites (the “App” or “Platform”) as well as Yourcreation of Your Bula user account (“User Account”), participation in games, promotions or contests (collectively or individually, “Games” or “Contests”) on the App, and any transactions or dealings with Us in any way (collectively, the“Service”).IMPORTANT NOTICES:THE PLATFORM DOES NOT ACCEPT,FACILITATE, OR REQUIRE ANY PURCHASES OR EXCHANGES OF REAL MONEY, AND NO ACTUAL MONEY IS REQUIRED TO PLAY ANYCONTEST OR GAME.  THE SERVICE IS INTENDEDFOR ENTERTAINMENT PURPOSES ONLY.  THECOMPANY IS NOT RESPONSIBLE FOR ANY ACTIONS, AGREEMENTS, OR DEALINGS WITHTHIRD-PARTIES, INCLUDING BY AND BETWEEN USERS OF THE APP.  THESE TERMS OF USE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVERAGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOUAND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUALBASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASSREPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION,PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING,OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERSIN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEKDAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BYTHESE TERMS.OPT-OUT. IF YOUDO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANYFUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISIONWITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OFTHE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BYFOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT ANDCLASS ACTION WAIVER” – SEE SECTION 16 OF THESE TERMS, BELOW. OPT‑OUT REQUESTSSENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID.  EVEN IF YOU OPT OUT OF THE ARBITRATIONAGREEMENT IN SECTION 16, ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.PLEASE READ THE FOLLOWING TERMS OF USE, THE ARBITRATION AGREEMENT ANDCLASS ACTION WAIVER (SEE SECTION 16 BELOW), AND THE BULA PRIVACY POLICYCAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY BULASERVICES OR PLATFORM OR APPLICATION. YOU AGREE THAT YOUR CONTINUED USE ORACCESS OF THE PLATFORM OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE,WHICH FURTHER INCORPORATE AND INCLUDE THE PRIVACYPOLICY, AND ANYOTHER POLICIES THAT EXPRESSLY INCORPORATE THESE TERMS (COLLECTIVELY, “INCORPORATED POLICIES”).TO THE EXTENT PERMITTED BY APPLICABLE LAW, IT IS AN EXPRESSCONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST BULA ARISINGFROM ANY past, present or future USE OF tracking software, including BUT NOTLIMITED TO USE OF A Meta Pixel, “cookies,” “GET requests” or JavaScript in HTMLcode of THE COMPANY’S website that intercepts, tracks, stores, and analyzesyour interactions with THE COMPANY’S platform FOR PURPOSES OF OBTAINING data ortargeted advertisement ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED.  BULA shall have no liability to You for anypast, PRESENT OR FUTURE claims arising out of or related to the use OF trackingtechnology.Acceptance of Terms.  Yourepresent and warrant that You have the right, authority, and capacity toaccept these Terms and to abide by them, that You are of legal age and that Youhave fully read and understood the Terms. You must read these Terms carefullyin their entirety before checking the box for acceptance of these Terms.  Byusing, or otherwise accessing the Service, or clicking to accept or agree wherethat option is made available, You confirm that you have read and agree tothese Terms. If you do not agree to these Terms, then you may not access or usethe Platform or Service. All of your activity on the App or Platform and all oryour transactions with Bula, including all events which occurred before youracceptance of these Terms, shall be subject to these Terms.The Service is not sponsored,endorsed, or administered by, or associated with Apple®, Facebook® or Google®.You understand that you are providing your information to Bula only and not toApple®, Facebook® or Google®.1.             Changes to Terms of Use and IncorporatedPolicies1.1          From time to time, We may modify or amendthese Terms. If We do so, any such modifications or changes shall be reflectedin the TOU on the Platform. We may also, but shallnot be required to, notify You by email regarding any material changes to theTOU or Incorporated Policies. Whether You receive or review such notifications,You agree that You will be bound by any such changes and that it shall be Yourresponsibility to check the Terms Of Use, including the Incorporated Policies,as posted on the Platform prior to accessing the Platform or partaking in anyService. Your further use of the Service after any changes are posted shallconstitute further consent and agreement to the terms as changed or amended.1.2          Fromtime to time, We may also modify or amend any of the IncorporatedPolicies. If we do so, any such modifications or changes shall bereflected in the Incorporated Policies as posted on the Platform. You agree that You will be bound by anysuch changes and that it shall be Your responsibility to check the IncorporatedPolicies as posted on the Platformprior to accessing the Platformor partaking in any Service. Your further use of the Service after any changesare posted shall constitute further consent and agreement to the IncorporatedPolicies as changed or amended.1.3          If You have any questions about these Termsor the Incorporated Policies, please contact customer support at support@bulachallenge.com1.4          In the event of any conflict between theTerms and the Incorporated Policies, the Terms shall control.2.             Limited Revocable License (the “License”)2.1          The License. Subject to Youragreement and continuing compliance with these Terms, we grant You a limited,personal, non-exclusive, non-transferable, non-sublicensable, revocable,license to access and use the Service and Games solely for Your personal,private entertainment on the Platform and for no other reason (the “License”).Other than this limited License to use the Service, You have no right or titlein or to any attributes associated with use of the Service or stored within theService. You acknowledge and agree that Your License to use the Service islimited by these Terms and if You do not agree to, or act in contravention of,these Terms, Your License to use the Service may be immediately terminated. Wehave the absolute right to manage, regulate, control, modify and/or eliminate thePlatform or Games as we sees fit in our sole discretion to the extent legallypermissible, and We shall have no liability to You or anyone for the exerciseof such rights.2.2          No Right to Sell or Assign. Thetransfer or sale of your User Account to any other person is strictlyprohibited. You may NOT sell or assign Your User Account to any other personunder any circumstances. Any attempt to do so is in violation of these Terms,will result in in closure and forfeiture of the User Account, and may result ina lifetime ban from the Service and possible legal action.2.3          These Terms do not grant You any right,title or property or ownership interest in the Service or Platform.2.4          This Service is licensed, not sole, toYou.  You agree that we and our ownlicensors own all rights, title and interest in and to the Service, includingall intellectual property rights therein as further specified below in Section9, and that we retain ownership of the Service even after any installation onYour device. You agree not to delete or in any manner alter the copyright,trademark or other proprietary rights notices or markings which may appear onthe Service.2.5          Except as identified and specified in theseTerms, You agree not to:2.5.1     sell, rent, distribute, transfer, license,sub-license, lend or otherwise assign any rights of any part of theService or your User Account to any third party;2.5.2     copy, modify, create derivative works of theService (including but not limited to any software that forms part of theService), including, without limitation, making adaptations or modifications tothe Service;2.5.3     reproduce the Service or any part in anyform or by any means;2.5.4     exploit the Service in any unauthorized waywhatsoever, including without limitation, by trespass or burdening networkcapacity;2.5.5     disassemble, decompile, reverse engineer, orattempt to derive the source code of the Service, in whole or in part, orpermit or authorize a third party to do so, except to the extent suchactivities are expressly permitted by law;2.5.6     make the Service available to multiple usersby any means, including by uploading the Service to a file-sharing service orother type of hosting service or by otherwise making the Service available overa network where it could be used by multiple devices at the same time;2.5.7     misrepresent the source of ownership of theService;2.5.8     scrape, build databases or otherwise createpermanent copies of any content derived from the Service; or2.5.9     use the Service in any manner to harass,abuse, stalk, threaten, defame or otherwise infringe or violate the rights ofany other party.3.             EligibilityYour eligibilityfor continued use of the Service is contingent on Your ongoing compliance withthese Terms, in particular:3.1          You are, under the laws of thejurisdiction(s) applicable to You, legally allowed to participate in the Gamesand access the Service;3.2          You understand and accept that we are unableto provide You with any legal advice or assurances and that it is Your soleresponsibility to ensure that at all times You comply with the laws that governYou and that You have the complete legal right to use the Service;3.3          You will monitor Your User Account.  You accept full responsibility for anyunauthorized use of the Service, and You acknowledge that You are responsiblefor any use of the Service;3.4          You do not access the Games or Service fromany jurisdiction outside the United States or United States territories or asotherwise posted within these Terms or on the Platform (the “RestrictedTerritories”);3.5          You participate in the Games strictly inYour personal capacity for recreational and entertainment purposes only;3.6          You further represent and warrant that allinformation you supply to Us is complete and accurate. Knowingly submittingincomplete or inaccurate information may result in immediate termination ofYour User Account, revocation of any License from Us, and any furtherparticipation or access to the Service, at Bula’s sole discretion, to theextent legally permissible;3.7          You will not be involved in any fraudulentor other unlawful activity in relation to Your participation in any of theGames and You will not use any software-assisted methods or techniques(including but not limited to “bots”) on the Platform. We reserve the right toinvalidate any participation in the event of such behavior;3.8          If, in the reasonable opinion of Bula, we form theview that a player is abusing any promotion, toderive any advantage or gain for themselves or anotherplayer, including by way of fraudulent conduct, we may, at our solediscretion, withhold, deny or cancel any advantage, bonus or promotional prizeas we see fit, or terminate or suspend the UserAccount of such player.3.8.1     You will not directly or indirectly  participate in groups or take advantage of,or encourage others to participate in or take advantage of schemes,organizations, agreements, or groups designed to share:  (a) hacks or money-making strategies; (b) special offers or packages sent toa specific set of players; or (c) identification documents (including, but notlimited to, photographs, bills and lease documents) for the purpose ofmisleading Bula as to a player’s identity.4.             Your User Account4.1          You must create a User Account in order toaccess or use the Service.4.2          Only one User Account is permitted perperson. In the event You open or try to open more than one User Account, allUser Accounts You have opened or try to open may then be terminated orsuspended and any prizes may be voided.4.3          If You lose access to Your User Account, Youmust not register a new User Account. Rather, You must contact customer supportvia support@bulachallenge.comto have Your User Account status updated.4.4          You are required to keep Your personaldetails up to date. If You change Your address, email, phone number or anyother contact details or personal information, please contact customer support.The name that You provide to us at registration must be match anyidentification You provide for Your User Account verification.4.5          During the registration process, You will berequired to select a password unless: (i) You login to Your User Accountusing the Facebook® login facility in which case Your Facebook® password willapply; or (ii) You login to Your User Account using the Google® loginfacility in which case Your Google® password will apply.4.6          You confirm that You will not share YourUser Account or password with any other person or let anyone else access or useYour User Account without our written permission. You will not access or use aUser Account which has been rented, leased, sold, traded, or otherwisetransferred from the User Account creator without our written permission.4.7          If You become aware, or have reasons tosuspect, that the security of Your User Account may have been compromised,including loss, theft or unauthorized disclosure of Your password and UserAccount details, You must notify us immediately.4.8          You are responsible for maintaining theconfidentiality of Your User Account and accept responsibility for all uses ofthe User Account (whether or not authorized by You).4.9          We reserve the right to close Your UserAccount if it is inactive for a period of sixty days or longer.  You agree that We are not required to givenotice to You prior to taking such action, although we may choose to do so inour sole discretion.4.10       If your User Account remains inactive forthe amount of time specified by applicable state law, it will be consideredabandoned. Once an account is abandoned, Bula will remit the abandoned funds tothe appropriate state agency as unclaimed property.  To the extent permitted by applicable law,Bula may charge additional fees associated for the delivery of abandoned fundsto the applicable state agency.4.11       If You wish to close Your User Account, Youmay do so at any time by contacting customer support. Closing Your User Accountwill forfeit all continued access to and right to use, enjoy or benefit fromany Virtual Coins associated with Your User Account.4.12       We reserve the right to refuse to open orthe right to close a User Account at our sole discretion.4.13       User Account registrations may be limited toone User Account registration per person or per IP address at our solediscretion.4.14       Whereby reserve the right, at our solediscretion, to deactivate or suspend your User Account (notwithstanding anyother provision contained in these Terms of Use) where we have reason tobelieve that you have played or are likely to play in tandem with otherplayer(s) as part of a club, syndicate, group, etc., or played the Games in acoordinated manner with other player(s) involving the same (or materially thesame) actions, decisions, or selections.5.             Games and Contests5.1          In addition to these Terms, Games offered onthe Service may have their own rules which are available on the Service orcreated by and between users of the App. It is Your responsibility to read the rules of a Game before playing.You must familiarize Yourself with the applicable terms of play and read therelevant rules before playing any Game.5.2          Bula reserves theright, in its sole and absolute discretion, to deny any user the ability toparticipate in head-to-head Games for any reason whatsoever.  Further, Bula may, in its sole and absolutediscretion, invalidate any head-to-head Contest result for the purposes ofpreventing abusive and/or any unfair or potentially unlawful activity, or inthe event that there is a risk of any such abusive, illegal, or unfairactivity.5.3          Bula reserves theright, in its sole discretion, to cancel or suspend the Contests (or anyportion thereof) should a virus, bugs, unauthorized human intervention, orother causes corrupt administration, security, fairness, integrity or properoperation of the Contest (or any portion thereof).  Under no circumstances shall Bula be requiredto refund or pay any amount with respect to a terminated Contest other thanyour entry fee.6.             Entry Fees & Prizes6.1          The Platform does not accept, facilitate, orrequire any purchases, entry fees or the award of prizes.  No actual money is required or necessary toplay any Contest of Game on the Platform. The Service is intended for entertainment purposes only.  The Company is not responsible for anyactions, agreements, or dealings with third-parties, including by and between userson the App.  6.2          Notice for California Users Under CivilCode Section 1789.3The ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs may be contacted in writing at 1625 N. MarketBlvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 –5210.7.             Promotions7.1          All promotions, contests, and special offersare subject to these Terms, the official rules of the promotion, contest, orspecial offer, and any additional terms that may be published at the time ofthe promotion, contest or special offer.7.2          We reserve the right to withdraw or alterany such promotions without prior notice to You at our sole discretion.7.3          We reserve the right at our sole discretionand without any requirement to provide a justification to exclude You from anypromotions, contests or special offers that may be offered from time to time.7.4          We reserve the right to exclude You from anypromotions, contests or special offers if we believe that You have tried toenter said promotions, contests of special offers by using more than one UserAccount or are otherwise engaging in any fraudulent or illegal activity(including participation that would be in breach of the law in Your localjurisdiction), whether or not You would have or might have won but for suchactivity. Where multiple entries/User Accounts have been used, we reserve theright to suspend those User Accounts and withhold any promotional benefits.7.5          You confirm that You grant us anirrevocable, perpetual, worldwide, non-exclusive, royalty-free License to usein whatever way we see fit, and without further acknowledgement of You as theauthor, any content You post or publish as part of a promotion, contest orcompetition.8.             Verification8.1          You acknowledge that we, or a third partyacting on our behalf, are entitled to conduct any verification checks(including but not limited to age and identity verifications and creditbackground checks) that we may reasonably require and/or that are required ofus under applicable laws and regulations or by relevant regulatory authorities.You agree to comply with all verification checks in a timely manner.8.2          You agree that we may restrict Your openingor use of a User Account pending any verification checks having been completedto our satisfaction.8.3          The documents that may be required mayinclude, but are not limited to, photo identification, such as a governmentissued passport or driver’s license; a utility bill that matches the addressregistered on Your User Account; and source of wealth or source of fundsdocumentation such as a payslip or bank statement.8.4          In the event that any verification checkcannot be completed for any reason, including Your failure to provide anyrequested documentation, then We may, in our sole discretion, terminatedeactivate or otherwise restrict Your User Account.8.5          You acknowledge and agree that we may usethird party service providers to run external identification, locationverification and other verification checks based on the information provided byYou from time to time. You must enable and allow “Locations Services” on Yourdevice or PC in order to operate the Service or access Your User Account.9.             Intellectual Property9.1          These Terms confer only the right to use theService and they do not convey any rights of ownership in or to the Service.9.2          All rights, title and interest, includingwithout limitation any copyright, patent, trade secret or other intellectualproperty right in the Service will remain our sole property or where licensedfrom a third party their sole property.9.3          Your use of the Games will not convey anyownership rights in the intellectual property to You. The titles, source andobject codes, game client and server software, the “look and feel” of theGames, sounds, musical compositions, audio-visual effects, concepts and methodsof operation, layout, text, data, User Accounts, themes, objects, charactersand character likenesses, character names and character profile information,stories, dialogue, catch phrases, locations, artwork, animations files, images,graphics, documentation, gaming history and recording of game play, transcriptsof any chat rooms, and moral rights, whether registered or not, and allapplications related to the above will remain vested in us or any third partysupplier of the Games.9.4          Notwithstanding anything to the contrary inthese terms, You acknowledge and agree that You shall have no ownership orother property interest in the User Account, and You further acknowledge andagree that all rights in and to the User Account are and shall forever be ownedby and inure to the benefit of us.10.          Responsibility for User Generated Content10.1       You are responsible for complying with alllaws applicable to Your User Content. You agree not to submit to the Service,or send to other users of the Service, any defamatory, inaccurate, abusive,obscene, profane, offensive, sexually oriented, threatening, harassing,racially offensive, illegal material or any material that infringes or violatesanother party’s rights.10.2       You will not provide inaccurate, misleadingor false information to us or to any other user of the Service. If informationprovided to us, or another user of the Service, subsequently becomesinaccurate, misleading or false, You will notify us of such change immediately.10.3       We may, in our sole discretion, delete anyUser Content without notice but are under no obligation to do so. We have noresponsibility for the conduct of any user in the Service, including any UserContent submitted in the Service. We assume no responsibility for monitoringthe Service for inappropriate content or conduct. Your use of the Service is atYour own risk.10.4       You hereby grant us the sole and exclusive,irrevocable, sub-licensable, transferable, worldwide, royalty-free license toreproduce, modify, create derivative works from, publish, distribute, sell,transfer, transmit, publicly display and use any User Content and toincorporate the same in other works in any form, media, or technology now knownor later developed.10.5       You further hereby grant to us theunconditional, right to use and exploit Your name, likeness and any otherinformation or material included in any User Content and in connection with anyUser Content or Your User Account, without any obligation to You. You waive anyrights of attribution and/or any moral rights You may have in Your UserContent, regardless of whether Your User Content is altered or changed in anymanner except as prohibited by law.10.6       You acknowledge and agree that all UserContent whether publicly posted or privately transmitted to the Service is atYour sole responsibility and risk. We disclaim any responsibility for thebackup and/or retention of any User Content transmitted to the Service.10.7       Prohibited Content; User Content that isprohibited in the Service includes, but is not limited to:·     User Content that promotes racism, bigotry,hatred or physical harm of any kind against any group or individual;·     Harassing User Content;·     User Content of a sexual or offensive nature;·     User Content that promotes terrorism orreligious hatred;·     User Content that promotes illegal activities orconduct that is abusive, threatening, obscene or defamatory;·     User Content of commercial nature withoutauthorization from us; or·     User Content promoting the services of anotherbusiness or competitor.10.8       If You see any material in the Service thatin Your belief is offensive, hateful, harassing or that You otherwise think isprohibited, please notify us by contacting support@bulachallenge.com11.          Third Party Websites & Content11.1       The Service may contain links to contentowned and/or operated by third parties, for instance third parties who mayinvite You to participate in promotional offers or rewards programs orthird-party advertisers or payment providers. Any separate charges orobligations that You may incur in Your dealings with these third parties areYour sole responsibility. We are not responsible for any such third-partyservices or content and do not have control over any materials made availabletherein.11.2       Our inclusion of a link to a third-partywebsite, services or content in the Service does not imply our endorsement,advertising, or promotion of such websites, services or content or anymaterials available and we make no guarantee as to the content, functionality,or accuracy of any third-party website.11.3       By accessing a third-party website, servicesor content, You accept that we do not exercise any control over such websites,services or content and have no responsibility for them. The third-party sitesmay collect data or solicit personal information from You. We are notresponsible for privacy policies, or for the collection, use or disclosure ofany information those sites may collect. It is always best to read andunderstand the terms of services and privacy policies applicable to anythird-party website, services or content You may access.11.4       We do not endorse, do not assume and willnot have any liability or responsibility to You or any other person for anythird-party products, services, materials or websites. Please note that therelevant third party is fully responsible for all goods and services itprovides to You and for any and all damages, claims, liabilities and costsit may cause You to suffer, directly or indirectly, in full or in part.11.5       If You use third party social networkingwebsites to discuss the Service such as Facebook® and Twitter®, You acknowledgeand agree that:·     any content that You post on such socialnetworking sites are subject to the relevant terms and conditions of thatwebsite;·     You will not post any comments that are false,misleading or deceptive or defamatory to us, our employees, agents, officers orother players; and·     we are not responsible or liable for anycomments or content that You or others post on social networking sites.12.          Copyright Infringement NoticeBula requires our Users to respectthe intellectual property rights of others. If You are the owner of copyrightand You believe that Your work has been used in the Service in a way thatconstitutes copyright infringement, please provide our Copyright Agent with anotice meeting all of the requirements of the Digital Millennium Copyright Act(“DMCA”). Your notice should contain the following information:·     a physical or electronic signature of the personauthorized to act on behalf of the owner of the copyright or other intellectualproperty interest;·     a clear description of the copyrighted work orother intellectual property that You claim has been infringed;·     a description of where the material that Youclaim is infringing is located in the Service.·     Your address, telephone number, and emailaddress;·     a statement by You that You have a good faithbelief that the disputed use is not authorized by the copyright owner, itsagent or the law; and·     a statement by You, made under penalty ofperjury, that the above information in Your notice is accurate and that You arethe copyright or intellectual property owner or authorized to act in thecopyright or intellectual property owner’s behalf.Before you file Your DMCA notice,please carefully consider whether or not the use of the copyrighted material atissue is protected by the Fair Use doctrine. If You file a DMCA notice whenthere is no infringing use, You could be liable for costs and attorneys’ fees.Our agent for notice of claims ofcopyright or other intellectual property infringement can be reached asfollows:By email: support@bulachallenge.com13.          Disruptions, Errors & Omissions13.1       Disclaimer of Warranties.  THE SERVICES, IN WHOLE AND IN PART(INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED,TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUTEXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THEFOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED ORERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C)THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ASTO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION ORMATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICESWILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.13.2       Exceptions.  SOME JURISDICTIONS DO NOT ALLOW THEDISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES ANDDAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOTAPPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BELIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.13.3       We are not liable for any downtime, serverdisruptions, errors, lagging, or any technical or political disturbance to theService or Games, nor attempts by You to participate by methods, means or waysnot intended by us.13.4       We accept no liability for any damages orlosses which are deemed or alleged to have arisen out of or in connection withany Service including, without limitation, delays or interruptions in operationor transmission, loss or corruption of data, communication or lines failure,any person’s misuse of a Service or any errors or omissions in the Service.13.5       In the event of a Service systemmalfunction, then all Game play on the Service will be void.13.6       In the event of an error or malfunction in aGame, then all Game play resulting from the error or malfunction will bevoided.13.7       We reserve the right to remove any part ofthe Games from the Service at any time. Any part of the Games that indicateincorrect behavior affecting game data that may be due to error,misconfiguration or a bug, will be cancelled and removed from the Service. Wereserve the right to alter User Account details under such circumstances, atour sole discretion, in order to correct any mistake.13.8       We may temporarily suspend the whole or anypart of the Service for any reason at our sole discretion. We may, but will notbe obliged to, give You as much notice as is reasonably practicable of suchsuspension. We will restore the Service, as soon as is reasonably practicable, aftersuch temporary suspension.13.9       We reserve the right to declareparticipation in a Game void, partially or in full, if, in our sole discretion,we deem it obvious that there was an error, mistake, misprint or technicalerror on the pay-table, win-table, minimum or maximum stakes, odds or software.13.10    We are not responsible or liable fordetermining Contest results or enforcing any agreements between third-parties,including agreements by and between users of the App.  Limitation of Liability and Indemnification13.11    Limitation of Liability. BYACCESSING, USING OR DOWNLOADING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THATSUCH USE IS AT YOUR OWN RISK AND THAT NEITHER THE COMPANY NOR ANY OF THEPARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THECOMPANY OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS,DIRECTORS, CONSULTANTS, SUPPLIERS, ADVERTISERS, PARTNERS, OR CONTRACTORS(COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL,CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES,COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES,LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY ORINDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENTON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANYMATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, SPECIFICALLYINCLUDING ANY PAST, PRESENT OR FUTURE USE OF “COOKIES,” “GET REQUESTS,” PIXELSAND OTHER TRACKING TECHNOLOGY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES.RELEASED PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE CONTINUOUS,UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.  WITHOUT LIMITING THE FOREGOING, RELEASEDPARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGESRELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANYCOMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANYOTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORKCONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES.  13.12    Indemnification. BY USING THESERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDINGREASONABLE ATTORNEY’S FEES AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY ANDALL THIRD PARTY CLAIMS AGAINST THE COMPANY RELATED IN ANY WAY TO YOUR USERACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE PLATFORM.13.13    One Year Limitations Period. You and Bulaagree that any claims, regardless of form, arising out of or related to the Platform(including Services) or these Terms of Use or Privacy Policy must BE FILEDwithin ONE (1) YEAR of the action, omission, event or occurrence giving rise tothe claim or suit, after which such claims will be time-barred and prohibited,without regard to any longer period of time which may be provided by any periodof limitation or repose by law or statute.13.14    YOURECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN SECTION 13.1, AND THEINDEMNITIES, LIMITATIONS OF LIABILITY AND LIMITATIONS OF REMEDIES IN THISSECTION 14, ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEYHAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU AND BULA TOENTER INTO THESE TERMS OF USE.13.15    NOTHING IN THESE TERMS OF USE WILLOPERATE SO AS TO EXCLUDE ANY LIABILITY OF BULA FOR DEATH OR PERSONAL PHYSICALINJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY BULA’S NEGLIGENCE OR WILLFULMISCONDUCT.13.16    TO THE EXTENT ANY OF THE LIMITATIONS OFREMEDY, INCLUDING WAIVER OF THE RIGHT TO PRIVATE OR PUBLIC INJUNCTIVE RELIEF,ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH LIMITATIONS SHALLNOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THESE TERMS.  THE PARTIES AGREE FURTHER THAT SUCHPROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE TERMS OR THEARBITRATION AGREEMENT (SECTION 16), WHICH THE PARTIES AGREE SHALL REMAIN INPLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS.14.          CUSTOMER SERVICE AND INITIAL DISPUTE RESOLUTIONPROCEDURECustomer Support14.1       If You need customer service in relation tothe Service, You may contact us by support@bulachallenge.com14.2       To protect Your privacy, all communicationsbetween You and us should be carried out using or referencing the email addressthat You used to register Your User Account for the Service. Failure to do somay result in our response being delayed.Initial Dispute ResolutionProcedure and Conference14.3       The parties shall use best efforts toresolve informally any customer service issue promptly and in good faith.  If for some reason You are not satisfied oryour claim is not resolved (a “Dispute”), You may then pursue arbitration asset out below in Section 16.  However, You must first submit a Notice ofDispute as set forth in this Section 15 and engage in a conference either bytelephonic or videoconference means with Bula prior to and as a conditionprecedent to initiating arbitration or any formal proceeding over a Dispute asrequired by Section 16.    14.4       Notice of Dispute Required Prior toArbitration.  The party initiating aclaim over a Dispute must give notice to the other party in writing of itsintent to initiate an informal dispute resolution conference.  The initial conference shall occur withinthirty (30) days after the other party receives such notice or within a timeperiod required by law, unless an extension is mutually agreed upon by theparties.  14.5       All initial dispute resolution conferencesshall be conducted individually, between Bula and You.  Multiple individuals with Disputes cannotparticipate in the same informal telephonic dispute resolution conference. If aparty is represented by counsel (which such representation will be at suchparties’ sole cost and expense), counsel may participate in the conference, buteach party shall also attend and participate in the conference.14.6       To notify Bula that You intend to initiatean informal dispute resolution conference, please inform us by sending a Notice of Dispute support@bulachallenge.comand include the followinginformation:(a)           Your username and email address associated withYour User Account;(b)          Your first and last name, as registered on yourUser Account;(c)           Your residence address;(d)          Your telephone number (home and/or mobile);(e)           a detailed explanation of the complaint/claimand basis for the claim;(f)           any specific dates and times associated with thecomplaint/claim (if applicable); and(g)          the remedy, action or any amount You are seekingfrom Bula14.7       Upon receipt of Your Notice of Dispute, Wewill respond in writing within thirty (30) days after receipt of such Notice,unless an extension is mutually agreed upon by the parties.  Failure to submit a written communicationwith the information outlined above may result in a delay in our ability toidentify and respond to Your complaint/claim in a timely manner, and may, in Bula’sdiscretion, extend the time period for resolution before a formal proceedingmay be commenced, as permitted by these Terms. 14.8       The parties shall use their best efforts tosettle any Dispute, claim, question, or disagreement and engage in good faithnegotiations which shall be a pre-condition to either party initiating a formalarbitration as provided in Section 16. If the parties do not reach an agreed upon solution within a period ofthirty (30) days from the time of the initial Notice, then either party mayinitiate binding arbitration, to the extent permitted by law, as the sole meansto resolve claims, subject to these Terms and the Arbitration Agreement. 14.9       The aforementioned Notice of Dispute andinformal dispute resolution process is a condition precedent to commencing anyformal arbitration proceeding under the Arbitration Agreement (Section 16below), including litigation if you have successfully opted-out of thearbitration agreement. The parties agree that any relevant limitations periodor other deadlines will be tolled solely by the amount of time the partiesinitiate and engage in this informal dispute resolution process.14.10    Regardless of whether you decide to opt outof arbitration, the terms set forth in this Section 15 Initial DisputeResolution shall remain in full force and effect as part of these Terms.15.          BINDING ARBITRATION AGREEMENT AND CLASS ACTIONWAIVERPLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE“AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND BULA TO ARBITRATE CERTAINDISPUTES AND CLAIMS AND LIMIT THE MANNER IN WHICH YOU AND BULA CAN SEEK RELIEFFROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU OR COMPANY CURRENTLYPOSSESS AND ANY CLAIMS THE PARTIES  MAYRAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USETHE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION INCONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION, DESCRIBED BELOW INSECTION 16.12, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUTIS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRESYOUR IMMEDIATE ATTENTION.If you reside in or access the Service at any time while located in theUnited States, this Section 16 (Binding Arbitration Agreement and Class ActionWaiver Agreement) shall be construed under and be subject to the FederalArbitration Act, notwithstanding any other choice of law set out in theseTerms.THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOWPAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND BULA SHALL BE RESOLVED BYFINAL AND BINDING ARBITRATION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT ORPRESENT YOUR CASE TO A JURY.THISARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST,PENDING OR FUTURE DISPUTES WITH THE COMPANY SHALL PROCEED FOR YOUR OWN LOSSESONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANYPROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAMACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ONBEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. 15.1       Acceptance of Terms. By using, or otherwise accessing theService, or clicking to accept or agree to the Terms where that option is madeavailable, you confirm that you have read and accept and agree to thisAgreement. Except to the extent that you may opt-out as provided below, all ofyour activity on the App or Platform and all or your transactions with Bula,including all events which occurred before your acceptance of this Agreement,shall be subject to this Agreement.15.2       Scope of Agreement to Arbitrate.  You and Bula agree that any past, pending, orfuture dispute, claim or controversy arising out of or relating to any purchaseor transaction by you, your access to or use of any Platform or the Service, orto this Agreement, the Terms of Use, or Privacy Policy (including withoutlimitation any dispute concerning the breach, enforcement, construction,validity, interpretation, enforceability, or arbitrability of this Agreement orthe Terms of Use) (a “Dispute”), shall be determined by arbitration, includingclaims that arose before acceptance of any version of this Agreement. Inaddition, in the event of any Dispute concerning or relating to this Agreement— including the scope, validity, enforceability, or severability of thisAgreement or its provisions, as well as the arbitrability of any claims—you andBula agree and delegate to the Arbitrator the exclusive jurisdiction to rule ontheir own jurisdiction over the Dispute, including any objections with respectto the scope, validity, enforceability, or severability of this Agreement orits provisions, as well as the arbitrability of any claims or counterclaimspresented as part of the Dispute.15.3       Notwithstanding the above provision andAgreement to Arbitrate, all parties retain the right to seek relief in a smallclaims court for disputes or claims solely within the scope of a small claim’scourt jurisdiction.15.4       Lack of Estoppel or Preclusive Effect.The parties agree that any issues determined in arbitration or any otherproceeding between the parties shall be conducted and decided for the benefitof the parties or express third party beneficiaries only and shall have nopreclusive or estoppel effect against a party in any subsequent or otherarbitration or litigation matter, such that all issues shall be decided anew inany subsequent or other proceedings involving either party.  The parties reach this agreement in order tonarrowly and efficiently tailor their legal positions without concern that anythird party may attempt to offensively use any finding or determination of factor law against You or Bula.15.5       Third-Party Beneficiaries.  You further agree and intend that thisAgreement and the Terms are entered into for the express benefit of yourspouse, heirs, children and next-of-kin and shall bind same to the extent ofany claims arising from your use of the Service which is brought by them or byany person for the use or benefit of your spouse, heirs, children andnext-of-kin.  Bula agrees also that thisAgreement is intended to benefit and shall bind any successor-in-interest orassignee of Bula. 15.6       Intellectual Property. Notwithstanding the requirement toarbitrate in this Section 16, you and Bula are NOT required to arbitrate anyclaims for the alleged unlawful use of copyrights, trademarks, trade names,trade dress, logos, trade secrets, or patents, and the parties agree that inthe event of infringement of copyrights, trademarks, trade names, trade dress,logos, trade secrets, or patents of a party, they shall also be entitled toseek injunctive relief from a court of competent jurisdiction, and the partiesshall not be able to hold out a user’s access to the Service as a basis toenforce this arbitration agreement as to such claims.  15.7       Separate Agreement.  The parties acknowledge that thisAgreement is a separate agreement between the parties governed by the FederalArbitration Act, and that any alleged or determined invalidity or illegality ofall or any part of the Terms of Use, the Service, the Platform, or the PrivacyPolicy shall have no effect upon the validity and enforceability of thisAgreement.15.8       Applicable Law. While the Federal Arbitration Act shallcontrol, to the extent the law of any state is applied or considered withrespect to issues bearing upon the enforceability or scope of this Agreement,the parties agree that the law of the State of California shall exclusivelyapply, notwithstanding any consideration or application of choice of law orconflicts of law principles.INITIATINGARBITRATION UNDER JAMS RULES15.9       Following the conclusion of the initialdispute resolution process required by Section 15, you or Bula may seekarbitration of a Dispute in accordance with the provisions of this Agreement.You and Bula agree that JAMS (“JAMS”) will administer the arbitration under itsComprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at thetime arbitration is sought (“JAMS Rules”). The parties further agree that, to the extent applicable, the JAMS MassArbitration Procedures and Guidelines shall apply.  The JAMS Rules referenced above are availableat https://www.jamsadr.com/adr-rules-procedures/.  Youand Bula further agree:15.9.1  The arbitration will be handled by a solearbitrator.  The parties agree that theJAMS arbitrator must have the following minimum qualification: practicingattorneys or retired federal court judges who have at least ten years ofsubstantive expertise in litigating and resolving of complex business disputes,including motions to compel arbitration and litigation or adjudicationregarding whether disputes are arbitrable; 15.9.2  For purpose of Sections 16.1 and 16.2 of theJAMS Rules, the JAMS Streamlined Arbitration Rules and Procedures and JAMSExpedited Procedures shall notapply  unless otherwise explicitly agreedto by all parties to the Dispute;15.9.3  In lieu of JAMS Rule 15, the parties shallbe presented with a list of eight (8) potential arbitrators, be allowed three(3) strikes and the parties shall rank those potential arbitrators in order ofpreference. JAMS shall select the arbitrator with the highest combinedpreference (e.g., if both parties select a potential arbitrator as their toppreference, that arbitrator will be selected);15.9.4  In lieu of JAMS Rule 18, the parties shallhave the right to submit a dispositive motion at the outset of the arbitrationto the Arbitrator in order to resolve issues other than the ultimate issue offact.  The submission and scheduling ofsuch motions shall be addressed at a conference held before the JAMSarbitrator, and the Parties agree that any dispositive motions shall beresolved and the remainder of the arbitral proceeding stayed pendingresolution, absent good cause and immediate necessity to proceed.15.9.5  Unless and only to the extent prohibitedunder JAMS Rules, the arbitration will be held in San Diego, California or, ateither your or our election, will be conducted telephonically or via otherremote electronic means;15.9.6  The JAMS Rules will govern payment of allarbitration fees, currently available athttps://www.jamsadr.com/arbitration-fees, You will only be required to payarbitration fees of $250 in connection with any arbitration initiated underthis Section 16, but You will still be responsible for paying your ownattorneys’ fees;15.9.7  Except as otherwise waived or limited underthe Terms or this Agreement, the JAMS arbitrator shall be authorized to awardany remedies, including equitable or injunctive relief, that would be availablein an individual lawsuit except:(a)          In any arbitration arising out of orrelated to this Agreement, the arbitrator(s) are not empowered to awardpunitive or exemplary damages, and the parties waive any right to recover anysuch damages; and (b)          In any arbitration arising out of or relatedto this Agreement, the arbitrator(s) may not award any incidental, indirect orconsequential damages, including damages for lost profits;15.9.8   Thearbitration decision and award shall consist of a written statement signed bythe Arbitrator regarding the disposition of each claim and the relief, if any,as to each claim.  Unless the partiesagree otherwise, the award shall be a reasoned award and contain a concisewritten statement of the reasons for the award; 15.9.9    Except as and to the extent otherwise may berequired by law, the arbitration proceeding, pleadings, and any award shall betreated as confidential and shall not be used by the parties except as may benecessary in connection with a court application for a preliminary remedy, ajudicial challenge to an award or its confirmation and enforcement.15.9.10  In the event JAMS is unavailable or unwillingto hear the dispute in accordance with this Agreement, the parties shall agreeto, or a court shall select, another arbitration provider subject to theprocedural agreements of this Section 16; and15.9.11  You and Bula agree that any award issued bythe Arbitrator in excess of $50,000 in favor of either party, or any awardwhich grants any form of declaratory or equitable relief that wouldsignificantly impact other Bula users or the operation of the Platform, may beappealed in accordance with the JAMS Optional Arbitration Appeal Procedures ateither party’s election.  The JAMSOptional Arbitration Appeal Procedures are available athttps://www.jamsadr.com/adr-rules-procedures/. 15.10    Batch Arbitration. To increaseefficiency of resolution, in the event 20 or more similar arbitration demandsagainst Bula, presented by or with the assistance of the same law firm ororganization or group of law firms or organizations working in coordination,are submitted to JAMS in accordance with the rules described above within a60-day period, JAMS shall consolidate those arbitrations as contemplated in theJAMS Rules by (a) grouping the arbitration demands into batches of no more than25 demands per batch (plus, to the extent there are fewer than 25 arbitrationdemands left over after the batching described above, a final batch consistingof the remaining demands); and (b) providing for resolution of each batch as asingle arbitration with one set of filing and administrative fees and onearbitrator assigned per batch.  Foravoidance of doubt, consolidation does not require that all arbitrations in asingle batch be decided the same, nor does it impair your right to present any evidenceor argument that you think particular to your case, so long as consistent withJAMS Rules.  You agree to cooperate ingood faith with Bula and JAMS to implement such a batch approach to resolutionand fees.15.11    By signing a demand for arbitration, a partycertifies, to the best of their knowledge, information, and belief, formedafter an inquiry reasonable under the circumstances, that: (i) the demand forarbitration is not being presented for any improper purpose, such as to harass,cause unnecessary delay, or needlessly increase the cost of dispute resolution;(ii) the claims and other legal contentions are warranted by existing law or bya non-frivolous argument for extending, modifying, or reversing existing law orfor establishing new law; and (iii) the factual contentions have evidentiarysupport or, if specifically so identified, will likely have evidentiary supportafter a reasonable opportunity for further investigation or discovery. TheArbitrator shall be authorized to afford any relief or impose any sanctionsavailable under Federal Rule of Civil Procedure 11 or any applicable state law(including attorney’s fees) for either party’s violation of this requirement.OPTIONAND PROCEDURE TO OPT OUT OF ARBITRATION15.12    IF YOU HAVE NOT PREVIOUSLY AGREEDTO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAYOPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IFYOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALLCLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.15.13    OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 16AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOTPREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OFOUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, [SENDAN EMAIL TO support@bulachallenge.comWITH THE SUBJECT “OPT-OUT”]. **REQUESTS TO OPT OUT AFTER THE 30 DAY PERIODSHALL NOT BE EFFECTIVE.**  15.14    Whether to agree to arbitration is animportant decision.  It is your decisionto make and you are not required to rely solely on the information provided inthese terms of use. You should take reasonable steps to conduct furtherresearch and to consult with counsel (at your expense) regarding theconsequences of your decision.WAIVER OF CLASSRELIEF AND COLLECTIVE ACTION15.15    TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, NEITHER YOU NOR BULA SHALL BE ENTITLED TO ARBITRATE OR LITIGATEANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ONAN INDIVIDUAL CLAIMS BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THISAGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASSREPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION,PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING,OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OFOTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND Bula ARE EACH WAIVING RESPECTIVERIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVEUP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANYOTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDINGEXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.15.16    Severability.  This Agreement applies solely to the extentpermitted by law. If for any reason any provision of this Agreement or portionthereof, is found to be unlawful, void, or unenforceable, that part of thisAgreement will be deemed severable and shall not affect the validity andenforceability of the remainder of this Agreement which shall continue in fullforce and effect. To the fullest extent allowable by law and equity, theparties agree that any such provision may be blue-penciled or otherwiseconstrued by the forum presiding over any dispute to give effect to the intentof the parties and consistent with the overall purpose and intent of theagreement, and may be deemed replaced by an enforceable provision that comesclosest to the intention underlying the unenforceable provision.                        END OF SECTION 16ARBITRATION AGREEMENT16.          Waiver of Jury Trial16.1       EACH PARTY HEREBY WAIVES, TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY INANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THEPLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ONCONTRACT, TORT OR ANY OTHER THEORY.17.          Miscellaneous17.1       Entire Agreement. These Termsconstitute the entire agreement between You and us with respect to Your use ofthe Service and supersede all prior or contemporaneous communications andproposals, whether electronic, oral or written, between You and us with respectto Your participation.17.2       Tax. You are solely responsiblefor any taxes which apply to Your use of the Service.17.3       Force Majeure. We will not beliable or responsible for any failure to perform, or delay in performance of,any of our obligations under these Terms that is caused by events outside ofour reasonable control, including but not limited to an act of God, hurricane,war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act ofpublic enemies, strikes, labor shortage, actions of governmental authorities orother force majeure event.17.4       Severability.  In the event anyprovision of these Terms is held unenforceable, such provision will beineffective but shall not affect the enforceability of the remainingprovisions.  To the fullest extentallowable by law and equity, the parties agree that any such provision may beblue-penciled or otherwise construed by the forum presiding over any dispute togive effect to the intent of the parties and consistent with the overallpurpose and intent of the agreement, and may be deemed replaced by anenforceable provision that comes closest to the intention underlying theunenforceable provision.17.5       Assignment. These Terms arepersonal to You, and are not assignable, transferable or sub-licensable by Youexcept with our prior written consent. We reserve the right to assign, transferor delegate any of our rights and obligations hereunder to any third partywithout notice to You, and in such case the Terms shall apply to and bind anysuccessor-in-interest or assignee of ours.17.6       Third-Party Beneficiaries.  You further agree and intend that theseTerms are entered into for the express benefit of your spouse, heirs, childrenand next-of-kin and shall bind same to the extent of any claims arising fromyour use of the Service which is brought by them or by any person for their useor benefit.  17.7       Entire Agreement. TheseTerms contain the entire understanding between You and us, and supersede allprior understandings between You and us relating to the subject matter.17.8       Business Transfers. In the eventwe undergo a change of control, merger, acquisition, or sale of assets, YourUser Account and associated data may be part of the assets transferred to thepurchaser or acquiring party.17.9       Waiver. Our failure to assertbreach or a violation of these Terms or otherwise failure to exercise anyrights under these Terms shall not constitute or be deemed a waiver orforfeiture of such rights or a waiver or forfeiture of such rights in thefuture.17.10    Survival of Obligations.  SECTIONS 12, 13, 14, 15, 16 and 18 SHALL BEDEEMED TO SURVIVE THE TERMINATION OF THESE TERMS OF USE OR YOUR USER ACCOUNTFOR ANY REASON.18.          Applicable Law and Jurisdiction18.1       Governing Law. Subject to theArbitration Agreement contained in Section 16, which is governed by the FederalArbitration Act, the parties agree that these Terms and the related Service aregoverned by and shall be construed in accordance with the laws of the State of CaliforniaUSA without regard to its principles of conflicts of law.  To the extent this governing law provisionis finally determined to be unenforceable as it relates to the use of theServices, the parties agree that the governing law shall in such event be theapplicable law in the jurisdiction in which the user who is a party to thedispute properly utilizes the services. Nothing herein is intended to limit aparty's right to appeal a determination by a court of law that the laws of theState of California areunenforceable.18.2       Exclusive Forum.  Subject to the Arbitration Agreementcontained in Section 16, the parties agree that any dispute, controversy, orclaim arising out of or in connection with these Terms, or the breach,termination or invalidity of these Terms, will be submitted exclusively tostate or federal courts in California and You and we consent to the venue andpersonal jurisdiction of those courts. Notwithstanding the foregoing, anymotion to compel arbitration or to enforce an arbitral award issued hereundermay be brought before any court of competent jurisdiction.