Gotta Pea

TERMS OF SERVICE

Effect Date: March 22, 2012

Legal Agreement

By using PEA Services, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct, the Privacy Policy (http://www.gottapea.com/privacy) and any End User License Agreement applicable to our games (http://www.gottapea.com/eula). In this Agreement, the terms “We/us/our” mean Gotta Pea, LLC “You/your” means you as a user of PEA Services.

You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by http://www.gottapea.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites operated by PEA (collectively, the “Website”) under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from PEA, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the PEA Services and you may not have the right to opt out of receiving them.

PEA may amend this Agreement, any Rules of Conduct, the Privacy Policy and any End User License Agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Rules of Conduct, the Privacy Policy, and any End User License Agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use PEA Services, you are signifying your acceptance of any revised or updated terms.

PEA is the owner of the Website. Your use of PEA Services is subject at all times to this Agreement, any Rules of Conduct, the Privacy Policy and any End User License Agreement applicable to our games. All user identities created on the Website are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, any End User License Agreement that may accompanied the PEA software (the “EULA”) and to which the PEA software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PEA services, affiliate services, third-party content or third-party software.

All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by PEA or have been licensed to PEA.

Description of Service

Gotta Pea, LLC provides free-to-play and fee-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that PEA is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. PEA does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

PEA Account (Also Known As An Origin Account)

An PEA Account (also known as an Origin Account) (“Account”) may be required to access and use some PEA Services. If you have questions about Account registration, please contact us by visiting http://www.gottapea.com/support. Accounts are available only to individuals 13 years of age or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older.

Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.

To create an Account, you must have an email address, and provide truthful and accurate information. The information you provided shall be subject to our Privacy Policy. You must be eligible to use the PEA Service for which you are registering. In addition, some PEA Services may require creation of a “user name” or a “persona” to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account. PEA is not responsible for any misuse of your Account, you agree to hold PEA and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. PEA will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

Your Account may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your Account for six or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your Account. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account will be permanently deleted, along with your Account records, ranks and service information.

Privacy

Our Privacy Policy, which covers the usage and protection of your personal information, is published on the Website, currently at http://www.gottapea.com/privacy, and is incorporated herein by this reference.

License to Use

Subject to the terms of this Agreement and any applicable EULA, PEA grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use PEA Services and a non-exclusive, revocable, nontransferable license to use any client software (the “Software”) in connection with the Services.

You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to PEA or its licensor(s).

NEITHER PEA NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

As more particularly described in each applicable EULA, PEA and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by PEA, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of PEA and/or its licensors and are protected by the copyright laws of the United States, Korea, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.

User Submissions

“Submissions” means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums  and similar venues on the Website, e-mails and similar information or materials that you submit to PEA regarding the games and services of PEA or the use or play of those games and services. Accounts and Submissions are not confidential and will become the property of PEA upon submission. You agree to assign and grant to PEA an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the Accounts and Submissions in any form, anywhere, with or without attribution to your Account, and without notice or compensation to you.

You acknowledge that you are solely responsible for the Submissions that you provide and for managing your Account. You, and not PEA, have full responsibility for your Submissions and Account, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. PEA shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.

All materials published in forums and similar venues on the Website are considered public. Therefore, PEA strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, PEA does not pre-screen or monitor any Submissions. However, PEA reserves the right to screen, refuse or move any Submission that is available via the Website. PEA has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof. PEA reserves the right to limit and purge Submissions without prior notification.

Except as expressly stated and agreed upon in advance by PEA, no confidential relationship will be established in the event any user of this Website should make any oral, written or electronic communication to PEA (such as feedback, questions, comments, suggestions, ideas, etc.). If any PEA Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), PEA shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and PEA will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information. You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

Rules of Conduct

You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using PEA Services. Any conduct that violates the law in an offline, real world community is also a violation of these terms. PEA will not tolerate any illegal or offensive conduct.

You may violate the Terms of Service if, as determined by PEA in its sole discretion, you:

a)     Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b)     Use abusive, offensive, or defamatory screen names and/or personas;

c)     Post or communicate any person’s real-world personal information using an PEA Service;

d)     Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated;

e)     Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt PEA Services;

f)      Impersonate any person or entity, including, but not limited to, an PEA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

g)     Attempt to get a password, account information, or other private information from anyone else on PEA Services;

h)     Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;

i)       Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;

j)       Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

k)     Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

l)       Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.

m)    Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

n)     Abuse or exploit bugs, undocumented features, design errors or problems in the game.

• o)     Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

p)     “Stalk” or otherwise harass another;

q)     Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above;

r)      Improperly use in-game support or complaint buttons or make false reports to PEA staff;

s)     Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) “spamming” or any other disruptive or detrimental methods in an attempt to disturb other users or PEA employees;

t)      Engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Service, the Rules of Conduct, or the Privacy Policy; and/or

u)     Take any action that may prohibit other users from enjoying the services of the Website or games.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use PEA Services. PEA reserves the right to terminate your Account and to prevent your use of any and all PEA Services if your Account is used to engage in illegal activity or to violate this Terms of Service, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within PEA’s discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by PEA’s determination as to whether a violation has occurred and any penalty we choose to implement.
Unless otherwise specified, there is no requirement or expectation that PEA will monitor or record any online activity on PEA Services, including communications.  However, PEA reserves the right to access and/or record any online activity on PEA Services and you give PEA your express consent to access and record your activities.  PEA reserves the right to remove any content from any PEA Service at PEA’s sole discretion.  PEA has no liability for your or any third party’s violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Customer Support at privacyadmin@gottapea.com.

Third Party Sites

PEA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. PEA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PEA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Paid Services

Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. PEA may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but PEA will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.

You may pay for any applicable fees and charges by major credit card, PayPalR or other such methods authorized by PEA.

Interruption of Service

(a) PEA reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that PEA will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.

(b) You acknowledge that the Services may be interrupted for reasons beyond the control of PEA, and PEA cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. PEA shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.

(c) PEA has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.

(d) PEA is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).

Disciplinary Action/Account Termination

PEA MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.

PEA can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of PEA.

For the avoidance of doubt, you herby acknowledge that PEA has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.

You have the right to terminate or cancel your Account at any time by delivering notice to PEA. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or PEA’s enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You may cancel your Account by delivering notice to PEA. PEA reserves the right to collect accrued fees and charges and costs incurred by PEA before your cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your Account is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before PEA may allow you to register again.

Indemnification

At PEA’s request, you agree to defend, indemnify and hold harmless (a) PEA, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of PEA Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of PEA Services or breach of this Agreement by you.

Acknowledgements

You hereby acknowledge and agree that:

(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD”, THAT IN PEA’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY PEA; OR (iii) INTERCEPTS, “MINES”, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO PEA, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND PEA MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

(b) WHEN THE SOFTWARE IS RUNNING, PEA MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.

(c) PEA may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. PEA may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.

(d) You may not hold PEA responsible for any loss resulting from in-game trading activities. You may not hold PEA responsible for any information that is passed between players. PEA does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold PEA responsible for any in-game feature or item loss. PEA does not guarantee the availability of any in-game items, any Services or any levels to players.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF PEA SERVICES IS AT YOUR SOLE RISK. PEA SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) PEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) PEA SERVICES WILL MEET YOUR REQUIREMENTS; (ii) PEA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PEA SERVICES; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO PEA SERVICES. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that PEA’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that PEA cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to PEA Services.

Dispute Resolution

If a dispute arises between you and PEA, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and PEA agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a “Claim”) in accordance with one of the subsections below.

(a) This Agreement and the relationship between you and PEA shall be governed in all respects by the laws of the State of Pennsylvania without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

(b) You and PEA agree to submit to the exclusive jurisdiction and venue of the courts located in Dauphin County, Pensylvania, except as provided in subsection 17(c) below regarding optional arbitration. Notwithstanding this, you agree that PEA shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(d) All Claims you bring against PEA must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, PEA may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that PEA has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

General

You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of PEA shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of PEA.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the complete and exclusive statement of the agreement between you and Gotta Pea, LLC concerning the PEA Services, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and PEA; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

Closing

We look forward to you enjoying PEA Services and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. PEA always reserves the right to refuse or terminate service.