Case 1:24-cv-02323-MSN-WEF Document 4-9 Filed 12/19/24 Page 1 of 2 PageID# 157
Exhibit 5
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Case 1:24-cv-02323-MSN-WEF Document 4-9 Filed 12/19/24 Page 2 of 2 PageID# 158
Aitism.net terms of service
Welcome to aitism!
Terms of Service
Last updated: January 18.2024
Suuunaiy
This SeA'ice acts as a phtform to connect users with third party seA'ices. We do not endorse or control the content of third party seA'ices. Users and seA’ices warrant that their use of this
platform and associated third part>’ seA'ices will be for lawful purposes only and will not violate any third party terms of seA'ice. Users and seA'ices will hold tliis platform harmless for any
misuse of third party seA'ices accessed through this seA'ice.
The SeA'ices are intended for users who are at least IS years old. Persons under the age of IS are not permitted to use or register for the SeAices.
Temiination of SeA'ice
We reseA'e the right to temtinate seAice and deny access to you for any reason at our sole discretion.
We reseA'e the right to temtinate our SeA'ices in their entirety at any time without notice. We will not be liable to you. any registered seA'ices, or any third party for any termination of your
rights to use or otheAvise access our SeA'ices.
Upon any termination, ail rights granted to you tmder these Tenns of SeA'ice will ininiediately cease. We reseA'e the right to retain any data or content submitted through yom: use of the
SeA'ices for legal compliance purposes.
Repotting Abuse
Please report any abusive, offensive, or illegal content or activity to:
aitism@ memeware.net.
We will investigate all reports and take appropriate action.
By using or registering with this website, you agree to these tenns of seA'ice.
Tire operators of this website reseA'e the right to update these tenns at any time. Yoiw continued use of the website after any changes constimtes acceptance of the updated tenns.
Disclaimer
The seA'ices are provided on an as-is and as-ar-ailable basis. You agree that your use of the seA'ices will be at your sole irsk. To the fullest extent permined by law. we disclaim all warranties,
express or implied, in connection with the seA’ices and your use thereof, iircluding. without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-
infringement. We make no warranties or representations about the accuracy or completeness of the seA'ices' content or the content of any websites or mobile applications linked to the seA'ices
and we will assiune no liability or responsibility for any (1) errors, mistakes, or maccuracies of content and materials. (21 personal injtuy or property damage, of any nature whatsoes’er. resulting
from your access to and use of the seA'ices. (31 any unauthorized access to or use of our secure seA'ers and'or any and all personal information ond'or financial infomiation stored therein. (4)
any interruption or cessation of transmission to or from the seA'ices. (5l any bugs, viruses, trojan horses, or the like which may be transmitted to or through the seA'ices by any third party, and or
(6| any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otheAvise made available via
the seA'ices. We do not wurrant. endorse, guarantee, or assume responsibility for any product or seA'ice advertised or offeted by a third party tluougb the seA'ices. Any hyperlinked website, or
any website or mobile application feamied in any baimer or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any
third-party providers of products or seA'ices. As with the purcluise of a product or seA'ice through any medium or in any enviromnent. you should use your best Judgment and exercise caution
where appropriate.
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including
lost profit, lost revenue, loss of data, or other damages arising from your use of the seA'ices. even if we have been advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of tlie action, will at all times be limited to the lesser of the amount paid, if any. by you to us
during the six (6) month period prior to any cause of action arising or S50.00 USD. Certain us state laws and international laws do not allow limitations on impli^ warranties or the exclusion or
limitation of certain damages. If these laws apply to you. some or all of the above disclaimers or limitations may not apply to you. and you may luve additional irghts,
tndenmity
You agree to defend, indemnify', and hold us harmless, including our subsidiaries. afiCUates. and all of our respective officers, agents, partners, and employees, from and against any loss damage,
liability, claim, or demand, iitcluding reasonable attorneys' fees and c.xpenses. made by any third party due to or arising out of: (1) your Contributions; (2) use of the SeA'ices; (3) breach of these
Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the irghts of a third party, including btit not limited to intellectual
property irghts; or (6) any owti luirmftil act toward any other user of tlte SeA'ices with whom you connected via the SeA'ices. Notwithstanding the foregoing, we reseA'e the irght, at your
expense, to asstmie the e.xclusive defense and control of any matter for which you ate required to mdemnify us. and you agree to cooperate, at your e.xpense. with our defense of such claims. We
will use reasonable efforts to notify vou of any such cbim. action, or proceeding which is subiect to this indemnification upon becoming aware of it.
Privacy Policy
Last updated: January IS. 2024
We collect only the technical information required to deliver our seA'ices to users. This includes IP addresses, browser type, des'ice type, and related technical data. We do not store logs of user
activity or personal infonnation. Any technical data we collect is only stored as needed to process requests through our system and is not retained for longer than required for this purpose.
We do not sliare any technical data with third parties except as needed to provide our seA'ices. We do not sell or otheAvise conmiercialize any user data.
By using or registering with this website, you agree to this privacy policy.
The operators of this website reseA’e the right to update these tenns at any time. Your continued use of the website after any changes constimtes acceptance of the updated terms.
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