Please read these Terms of Use (“Terms”) carefully. These Terms are a legal agreement between you in your individual capacity and on behalf of the entity or business for which you are an authorized representative (“You” or “Your”) and Elephant DUNA (“Elephant”, “we”, “our” or “us”) governing Your access to and use of the Elephant websites, https://elephant.xyz/, and subdomains owned, operated or controlled by us (the “Website”). If You are using or accessing the Website on behalf of a business or entity, You acknowledge and agree that You have the authority to bind such business or entity to these Terms, and that such business or entity accepts these Terms.

BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE WEBSITE AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

SECTION 9 “MUTUAL ARBITRATION PROVISION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST Elephant TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please follow the instructions in the Mutual Arbitration Provision below if You wish to opt out of this provision.

These Terms do not apply to the Account You create and use to access the online software as a service (the “Platform”), which is governed by the Platform software services agreement (“Software Services Agreement”). The Elephant Software Services Agreement is available at the point of Account creation.

1. Overview, Eligibility, Term and Termination

(a) Eligibility. You may use the Website only if You (i) have the legal capacity to form a binding contract with Elephant; (ii) You accept these Terms by accessing or using the Website; and (iii) are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules and regulations. Only individuals aged 16 and older are permitted to access or use the Website.

(b) Not Intended for Children. We do not collect personally identifiable information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that You are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, You affirm that You are over the age of thirteen (13), as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).

(c) Term and Termination. These Terms will remain in full force and effect as long as You access or use the Website, or until terminated in accordance with the provisions of these Terms. We may suspend or terminate Your right to use the Website at any time for any reason at our sole discretion, including, but not limited to, for any use of or access to the Website in violation of these Terms.

(d) Effect of Termination. Upon termination of these Terms, Your right to use the Website will automatically terminate with immediate effect. Elephant will not have any liability whatsoever to You for any termination of Your rights under these Terms. The provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.

2. Use of the Website

(a) License. Subject to these Terms, Elephant grants You a non-transferable, non-exclusive, revocable, personal, non-sublicensable, limited license to use and access the Website. The rights granted to You in these Terms are subject to the restrictions in these Terms.

(b) Modification. Elephant reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to You. You agree that Elephant will not be liable to You or to any third-party for any modification, suspension, or discontinuation of the Website or any part thereof.

(c) Restrictions. You are prohibited from using the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity; (x) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law; and (xii) encouraging or assisting a third-party to do any of the foregoing.

(d) Review. You are solely responsible for Your use of the Website and Elephant does not control, endorse, or approve Your use of the Website. Elephant is not responsible for any human error caused by You or any third party. Elephant is not obligated to prescreen Your use of the Website, and we do not regularly monitor use of the Website. However, we may choose, in our sole discretion, to review Your use of the Website.

(e) Export Control. The Website Content (defined below) may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from or through the Services, or any products utilizing such data, in violation of any United States export laws or regulations.

3. Website Content

(a) Website Content. The Website is provided to You as a convenience and for Your information only. Your use of the Website is at Your own risk. Elephant does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, shareable links, design, audio, video, and any other information provided from on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Elephant has any obligation to update the Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) Your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete.

(b) Third-Party Links. The Website may include links and other content provided by third-parties (“Third-Party Content”). Third-Party Content is provided for Your convenience and information only. Third-Party Content is not under the control of Elephant and Elephant is not responsible for any Third-Party Content. The inclusion of Third-Party Content does not imply endorsement, affiliation, partnership, or sponsorship by Elephant. Use of any Third-Party Content is at Your own risk.

4. System Requirements

Use of the Website requires a compatible device and Internet access and may require obtaining updates or upgrades from time to time. Because Your use of the Website involves hardware and Internet access, Your ability to access and use the Website may be affected by the performance of these factors. You acknowledge that such hardware and Internet is Your responsibility and Elephant is not responsible for any charges associated with Your use of the Website.

5. Intellectual Property

(a) Elephant and Third-Party Intellectual Property. Excluding any Feedback (defined below) that You may provide through the Website, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Website and Website Content are owned by Elephant or third party licensors. Neither these Terms, nor Your access to or use of the Website, transfers to You or any third-party any rights, title, or interest in or to such intellectual property rights. Elephant reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

(b) Feedback. The Website may now or in the future permit You to upload or post to the Website or otherwise submit to us in various forms of content, such as reviews, ratings, feedback, questions, comments, and suggestions (collectively, “Feedback”). We do not claim ownership in Your Feedback. However, by submitting any Feedback, You hereby grant (and You represent and warrant that You have the right to grant) to Elephant an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Feedback in any manner Elephant deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of Your Feedback. You agree that You will not submit to Elephant any information or ideas that You consider to be confidential or proprietary. You further acknowledge that Elephant will be entitled to unrestricted use of Your Feedback for any purpose whatsoever, commercial or otherwise. You are solely responsible for Your Feedback and assume all risks associated with Your Feedback, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Feedback that personally identifies You or a third-party. Elephant cannot guarantee any confidentiality with respect to any Feedback. We reserve the right (but have no obligation) to review any Feedback, and to investigate and/or take appropriate action against You in our sole discretion if You violate these Terms or otherwise create liability for us or any other person.

6. NO WARRANTIES

THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Elephant EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Elephant BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR WEBSITE CONTENT, EVEN IF Elephant HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM.

TO THE FULLEST EXTENT PERMITTED BY LAW, Elephant’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE WEBSITE CONTENT WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE WEBSITE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold Elephant, our licensors, our licensees, and our and their employees, service providers, affiliates, subsidiaries, parents, and agents) (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) (collectively, “Claims”) assessed or incurred by the Indemnified Parties, directly or indirectly, with respect to or arising out of: (i) Your violation of these Terms; (ii) Your use of the Website or Website Content; (iii) Your violation of applicable laws, regulations, or third-party rights; (iv) Your Feedback; (v) Your willful misconduct, fraud, or negligence; and (vi) any introduction by Your or Your personnel of any virus, worm, code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the operation of the computer system containing the code, program, or sub-program, or to halt, disable, or interfere with the operation of the software, code, program, or sub-program, itself; adware, spyware, Internet bots, malware, bugs, web bugs, or other surreptitious code in our or our licensees’ computer environment, network, or systems. Elephant reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify an Indemnified Party, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Elephant. Elephant will use reasonable efforts to notify You of any such claim, action or proceeding, upon becoming aware of it.

9. MUTUAL ARBITRATION PROVISION

(a) Arbitration of Disputes – Please Read.

1. YOU AND Elephant MUTUALLY AGREE TO RESOLVE ANY JUSTICIABLE DISPUTES, PAST, PRESENT OR FUTURE, BETWEEN THE PARTIES, OR BETWEEN OR AMONG YOU AND ANY OF Elephant EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS, EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION INSTEAD OF A COURT OR JURY TRIAL. Except as it otherwise applies, this Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), or if the Federal Arbitration Act does not apply, then the arbitration law of the State of Massachusetts, and shall apply to any and all claims arising out of or relating to these Terms or Your use of the Website (including without limitation the scope, enforceability, validity, or conscionability of this Mutual Arbitration Provision) whether arising under federal, state, or local statutory and/or common law.

2. Notice of Disputes. If either Party initiates arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by You must be delivered to:

Staircase, Inc. acting as Elephant DUNA Administrator

Attention: Adam Kalamchi, CEO

2073 Philadelphia Pike, #2024, Claymont, DE 19703

And Email Address: admin@staircase.co

(b) Delegation Clause. Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any claim that all or any part of this Mutual Arbitration Provision is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, illegal, void, or voidable. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Elephant ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS MUTUAL ARBITRATION PROVISION. This Mutual Arbitration Provision is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Mutual Arbitration Provision are expressly excluded from the requirement to arbitrate.

(c) Arbitration Procedures. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, but will not be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Unless You and we agree otherwise, any arbitration hearings will take place in the county (or parish) where You are receiving the Website. If the value of Your claim is USD $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of Your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator may consider, but is not bound by, rulings in other arbitrations between Elephant and You. The arbitrator can award the same individualized damages and relief that a court can award. Judgement on the award may be entered by any court having jurisdiction.

(d) No Class Arbitration. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Elephant AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or group proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(e) Class Action Waiver – PLEASE READ. YOU AND Elephant MUTUALLY AGREE THAT BY ENTERING INTO THIS MUTUAL ARBITRATION PROVISION, BOTH PARTIES WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the AAA Rules, any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Elephant may lawfully seek enforcement of this Mutual Arbitration Provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

(f) Private Attorney General Action Waiver – PLEASE READ. THIS MUTUAL ARBITRATION PROVISION AFFECTS YOUR ABILITY TO BRING OR PARTICIPATE IN PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTIONS UNDER CALIFORNIA LAW. BOTH YOU AND Elephant AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A PRIVATE ATTORNEY GENERAL REPRESENTATIVE BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A PRIVATE ATTORNEY GENERAL REPRESENTATIVE ACTION, OR AS A MEMBER IN ANY SUCH PRIVATE ATTORNEY GENERAL PROCEEDING (“PRIVATE ATTORNEY GENERAL WAIVER”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the AAA Rules, any claim in court or arbitration that all or part of this Private Attorney General Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a private attorney general action and (2) there is a final judicial determination that all or part of the Private Attorney General Waiver is unenforceable, the private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Private Attorney General Waiver that is enforceable shall be enforced in arbitration. Elephant may lawfully seek enforcement of this Mutual Arbitration Provision and the Private Attorney General Waiver and seek dismissal of such private attorney general representative actions or claims. The Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

(g) Your Right to Opt Out of this Mutual Arbitration Provision – PLEASE READ. ACCEPTANCE OF THIS MUTUAL ARBITRATION PROVISION IS NOT A MANDATORY CONDITION OF YOUR RELATIONSHIP WITH Elephant, AND THEREFORE YOU MAY SUBMIT A STATEMENT NOTIFYING Elephant THAT YOU WISH TO OPT OUT AND NOT BE SUBJECT TO THIS MUTUAL ARBITRATION PROVISION. In order to opt out of the Mutual Arbitration Provision, You must notify Elephant by sending or hand delivering to Staircase, Inc. acting as Elephant DUNA Administrator, ATTN: Adam Kalamchi, CEO, 2073 Philadelphia Pike, #2024, Claymont, DE 19703, United States of America; email Address: admin@staircase.co, a written notice signed and dated by You stating that You are opting out of the Mutual Arbitration Provision. In order to be effective, Your opt out notice must be provided within thirty (30) days of You first using the Website. You will not be subject to retaliation as a consequence of a decision to opt out, and if You opt out You may pursue available claims and remedies in a court of law (but not arbitration). Should You not opt out within 30 days of first using the Website, continuing Your relationship with Elephant constitutes mutual acceptance by You and Elephant of the Mutual Arbitration Provision. If You opt out of the Mutual Arbitration Provision, You and Elephant will continue to be mutually bound by all other terms of these Terms. The right to opt out described in this paragraph applies only to the Mutual Arbitration Provision and not any other provision of these Terms.

(h) Severability. Except as otherwise provided in the Mutual Arbitration Provision, in the event that any portion of this Mutual Arbitration Provision is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Mutual Arbitration Provision shall be given full force and effect.

(i) Future Changes to this Mutual Arbitration Provision. If Elephant makes any changes to the Mutual Arbitration Provision of these Terms (other than a change to the address at which Elephant will receive notices of dispute, opt-out notices or rejections of future changes to the Mutual Arbitration Provision), You may reject any such change by sending us written notice within 30 calendar days of the change to: admin@elephant.xyz. It is not necessary to send us a rejection of a future change to the Mutual Arbitration Provision of these Terms if You had properly opted out of the arbitration and group litigation waiver provisions in this Section 9 within the first 30 calendar days after You first accepted these Terms. If You have not properly opted out of the arbitration and group litigation waiver provisions in this Section 9, by rejecting a future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes You did not reject.

11. General Provisions

(a) Governing Law. All matters arising out of or relating to these Terms, the Website, or Website Content will be governed and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Wyoming with respect to any action arising in connection with these Terms, the Website, or Website Content.

(b) Privacy. Elephant collects, uses, and shares personal information collected through the Website in accordance with its Privacy Policy.

(c) Local Laws. Elephant makes no representation that the Website or Website Content is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If You choose to access the Website from other jurisdictions, You do so at Your own risk and are responsible for compliance with applicable local laws.

(d) Miscellaneous. These Terms constitute the entire agreement between You and Elephant regarding the Website and Website Content. Our failure to exercise or enforce any right or provision of these Terns shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

(e) Changes. Elephant may revise these Terms or the Website, or stop providing the Website, at any time and without notice to You. Elephant encourages You to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.

(f) Contact. For questions on these Terms, please contact Elephant at admin@elephant.xyz.