QUEST MARCH terms of service and END USER LICENSE AGREEMENT

Last updated: July 6, 2026

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND QUEST MARCH, LLC ("We" or "Company"). Before accessing or using any part of the application, you should read carefully the following terms and conditions contained in this agreement as they govern your access to and use of the application. Company is willing to license and allow the use of the application only on the condition that you accept and agree to all of the terms and conditions contained in this agreement. IF YOU DO NOT AGREE WITH OR ARE INCAPABLE OF ASSENTING TO THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE APPLICATION AND ARE INSTRUCTED TO EXIT THE APPLICATION IMMEDIATELY.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 26.

YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.

terms and conditions

1. DEFINITIONS.

2. LICENSE GRANT.

The Application is licensed by Company, not sold. The Application is provided by Company, and this Agreement provides to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Application and any programs, services, tools, materials, or information made available through or from the Application conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement permits you to use and access the Application for personal, non-commercial use and strictly in accordance with the Application’s documentation (i) on a single laptop, workstation, computer, or other computing device and (ii) from the Internet or through an online network.

3. RESTRICTIONS.

The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Application in any manner not expressly permitted by this Agreement. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Application. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Application or in any way reproduce or circumvent the navigational structure or presentation of the Application to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Application, (ii) attempt to gain unauthorized access to any portion or feature of the Application, including, without limitation, the account of any other users, or any other systems or networks connected to the Application or to any Company server or to any of the services offered on or through the Application, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Application, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Company's systems or networks or any systems or networks connected to the Application, (vi) use any device, software, or routine to interfere with the proper working of the Application or any transaction conducted on the Application, or with any other person's use of the Application, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Application, (viii) use the Application to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Application (or any part thereof) without first obtaining Company’s express, separate, and prior written permission, (x) use the Application in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company, or (xi) engage in any behavior or use any hardware or software in relation to the Application that exhibits bad faith, unfairness, inappropriate action, or harassment toward other users or unfair gameplay, dishonorable gamesmanship, or unsportsmanlike behavior targeting the operation of game mechanics or other game related components of the Application.

4. ACCESS RESTRICTIONS.

The Application may include measures to control access to the Application, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Application will not function properly.

5. USER OBLIGATIONS.

By downloading, accessing, or using the Application in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Application, including, without limitation, when you provide information via an Application registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Application. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Application. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this Agreement any personally identifiable information, which you receive or which is made available from Company in connection with this Agreement. This Agreement is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Application (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Application is solely at your own risk. While Company has endeavored to create a secure and reliable Application, you should understand that the confidentiality of any communication or material transmitted to/from the Application over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Application. You agree to assume all responsibility concerning activities related to your use of the Application, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Application, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Application shall only be available through the sole discretion of Company or pursuant to the terms and conditions of a separate written agreement with Company.

Subject to any applicable Application age ratings, restrictions and Account requirements, Application is made available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you and your parent or guardian must review this Agreement and the Privacy Policy together. Parents/ guardians are jointly and severally liable for all acts (including purchases and payments for service provided content) and omissions of their children aged under 18 years when using the Application. Company recommends that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 13 years of age, or the applicable age in your jurisdiction, when online.

6. GAMEPLAY CONTENT.

The Application may allow you to create content, including but not limited to gameplay assets, screenshots or a video of your gameplay. In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Company an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Company’s and other players' use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. This license grant to Company, and the above waiver of any applicable moral rights, survives any termination of this EULA.

7. APPLICATION OPERATION.

The Application may require an internet connection to access the Application or its internet-based features, authenticate, or perform other functions. In order for certain features of the Application to operate properly, you may be required to have and maintain an adequate internet connection. Company is not responsible for any fees, costs, damages, or other liabilities, including within the Application, caused by you obtaining, maintaining, using or terminating an internet connection. Any issues encountered with the operation of the Application due to the operation or lack of operation of your internet connection are not the responsibility of Company. The Application is a live service subject to ongoing changes and the Company provides no guarantee of continued availability of any feature within the Application.

8. UPDATES.

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

9. DELIVERY OF INFORMATION.

When using and/or to facilitate the operation of certain features of the Application, you may provide Company with additional content or information (a "Posting"). In connection with delivering and providing to Company any such Posting, you hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Application and Company's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company's services and the Application. You shall not provide others’ content in a posting and represent it or imply that it is your own. Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Application in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information.

10. OTHER TERMS AND CONDITIONS.

Additional notices, terms, and conditions may apply to specific portions or features of the Application, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Application, the latter terms shall control with respect to your use of that portion of the Application. Company's obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing in this Agreement should be construed to alter such terms, conditions, notices, and agreements.

11. VIRTUAL GOODS.

Company may provide to you certain virtual goods to be used within the Application. These virtual goods are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use in the Application. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Application. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency (such as Facebook Credits) or by using separate activation codes. Any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Company may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights. Virtual goods have no cash value nor do they have any monetary value outside the Application. Unless prohibited by applicable law, all virtual goods are forfeited upon your suspension or termination from the Application.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS AGREEMENT WAS VOLUNTARY OR INVOLUNTARY.

12. USER NAME HANDLING POLICY.

Registration as a user for access to certain areas of the Application may require both a user name and a password. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Application and to your account. Accordingly, by using the Application, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another user’s user name and password. You agree not to create multiple user accounts for the purpose of circumventing Application restrictions, user moderation consequences, fair gameplay, or other Application mechanics, or for any other anti-social or bad faith purposes. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason.

13. PRIVACY POLICY.

You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the Application requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Application, you acknowledge and agree that your use of the Application will constitute acceptance of Company's personal identifying information collection and use practices. Please see Company's privacy policy (“Privacy Policy”) for a summary of Company's personal identifying information collection and use practices. The Privacy Policy is amended from time to time and is available at www.questmarch.com/legal/privacy.

By installing, accessing or using the Application, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

14. POSTINGS.

This Application may contain interactive features where users can share and display certain Postings. To the extent that the Application contains such interactive features, you agree that by using the Application you will not post or transmit any of the following materials using the Applications interactive features:

As interactive features are public, the user experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular interactive feature. Please remember to respect others and their opinions. Company encourages open and sincere communication, but urges all users to remember that interactive features are intended to be a resource for all.

15. PERMISSION TO USE POSTINGS.

You represent that you have all necessary rights to make the Posting available to Company and an interactive feature, and you also acknowledge that such Postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Application, Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

16. NO PRE-SCREENING OF POSTINGS.

Company is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Company's right and ability to delete or remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that Company believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Company or its products, services, and goodwill. If you violate this Agreement, Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Application. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Company as provided below.

17. PROPRIETARY RIGHTS & COPYRIGHT NOTICE.

This Agreement provides only a limited license to access and use the Application. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Application to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Application, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Application may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company's trademarks. Company also owns a copyright in the contents of the Application as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Application. Any downloadable or printable programs, directories, databases, information, or materials available through the Application or Company website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Company. “Quest March”, Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners. Certain components of the Application may be licensed from third-parties, and your use of such components may be subject to an agreement with such third-parties.

Copyright Notice. Company respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Application and/or user generated content has been copied in a way that constitutes copyright infringement, please forward the following information to the Company set forth below. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. A§ 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder to the Company at company@questmarch.com. To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below: (i) Your name, address, telephone number, and email address; (i9) a description of the copyrighted work that you claim has been infringed; (iii) the exact URL or a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; an (vi) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

Company does not object to certain use of Company’s materials for non-commercial fan use. “Non-commercial” means use for the purposes of the fan community without selling or charging for Company’s materials or products based on or derived from Company’s materials. However, Company does reserve the right to require its protected materials be taken down at any time and for any reason, including but not limited to, the usage claiming ownership to Company’s materials, release of non-public materials, exact duplication of Company’s materials, and making disparaging claims about Company.

18. FEEDBACK AND SUBMISSIONS.

Company welcomes your feedback and suggestions about Company's products or services or the Application. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Company, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such Feedback. In addition, any Feedback received through the Application will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

19. LINKS TO OTHER SITES.

Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Company and are maintained by third parties over which Company exercises no control. Accordingly, Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

20. THIRD-PARTY PRODUCTS/SERVICES.

Company, in its sole discretion, may post the advertisements of third parties on the Application and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Company's members. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Application are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Application, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Application.

21. DISCLAIMER.

WHILE COMPANY ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE APPLICATION ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. COMPANY IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE APPLICATION. MOREOVER, COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE APPLICATION OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE APPLICATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE APPLICATION. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE APPLICATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE APPLICATION WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

22. LIMITATION OF LIABILITY.

You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

23. INDEMNITY.

You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any of your acts or omissions while using the Application under this Agreement or breach by you of this Agreement.

24. NOTICE OF SECURITY BREACH.

In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company, you shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this Agreement at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company's rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.

25. GOVERNING LAW.

This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Missouri U.S.A. as applied to agreements entered into and completely performed in the State of Missouri. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Missouri for any disputes between us under or arising out of this Agreement. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Company makes no representation that the Application is appropriate or available for use in other locations outside the State of Missouri, and access to the Application from states, territories, or nations where any aspect of the Application is illegal is prohibited. You access the Application on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Application. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this Agreement.

26. BINDING ARBITRATION AND CLASS ACTION WAIVER.

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or acquired and use the Application in the United States. In the United States, this Agreement is governed by the Federal Arbitration Act (“FAA”) and federal arbitration law. These provisions may also apply to you if you are domiciled in and/or acquired and use the Application from outside the United States.

To the fullest extent allowed by applicable law, you and Company agree to submit all Disputes between the Company and you to individual, binding arbitration pursuant to the provisions in this Section 26. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Company that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Application, all marketing related to the Application, any licensed content, and all matters relating to or arising from this Agreement (including Company’s Privacy Policy and all other terms incorporated into this Agreement) or any other agreement between you and Company, including any disputes over the validity or enforceability of this agreement to arbitrate. A Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before you entered into this Agreement. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

Initial Dispute Resolution: Company's Customer Support department is available to address any concerns you may have regarding the Application. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If Company has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to us. If you have a Dispute with Company, you must notify us in writing at the following email address: company@questmarch.com using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include your name, the screen name and/or email address associated with your player account, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Company what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Company later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Company agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Company authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on this Agreement and the notice of Dispute (if any) that you or Company provided before commencing arbitration.

Binding Arbitration: If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.

Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. For residents outside the United States, arbitration shall be initiated in the City of St. Louis, Missouri, and you and Company agree to submit to the personal jurisdiction of any federal or state court in St. Louis, Missouri, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Company, and any award of the arbitrator may be entered in any court of competent jurisdiction.

Except as expressly stated in Section 26 of this Agreement: the arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration; and the arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.

If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Company agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

Class Action Waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

If any provision in Section 26 of this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Section 26 of this Agreement (but only Section 26) shall be null and void.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Application under this Agreement. Such claims are subject to the jurisdiction and applicable law provisions in Section 25.

Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

Exception – Mass Arbitration Before FedArb: Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more Disputes or demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the Disputes or demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/. Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb. Notwithstanding the parties’ decision to have an arbitrator decide all issues of validity, enforceability or arbitrability, you and Company agree that if either party fails or refuses to commence the Mass Arbitration before FedArb, then in this instance only, you or Company may seek injunctive relief from a court compelling compliance and directing administration of the Mass Arbitration before FedArb. Such requests are subject to the jurisdiction and applicable law provisions in Section 25, and, pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed.

30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section 26 by sending written notice of your decision to opt-out to the following email address: company@questmarch.com using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of purchasing the Application (or if no purchase was made, then within 30 days of the date on which you first access or use the Application and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 26. If you opt-out of these arbitration provisions, Company also will not be bound by them.

27. ENFORCING SECURITY ON THE SITE.

Actual or attempted unauthorized use of the Application may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Company reserves the right to view, monitor, and record activity on the Application without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Application. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Application as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time, for any and no reason, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Application, or any portion of the Application, in order to protect the Application, Company, or Company's business.

28. TERM AND TERMINATION.

This Agreement and your right to use the Application will take effect at the moment you install, access, or use the Application and is effective until terminated as set forth below. Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Application or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions, as identified throughout this Agreement. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Application, but all applicable provisions of this Agreement will survive termination, as identified throughout this Agreement. Upon termination, you must destroy all copies of any aspect of the Application in your possession. In addition to the miscellaneous section below, the provisions concerning Company's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.

29. MISCELLANEOUS.

You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this Agreement. The parties agree that this Agreement is for the benefit of the parties hereto as well as Company's licensors. Accordingly, this Agreement is personal to you, and you may not assign your rights or obligations to any other person or entity without Company's prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as result of this Agreement or your utilization of the Application. Headings herein are for convenience only. This Agreement, along with the Privacy Policy, represents the entire agreement between you and Company with respect to use of the Application, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Application.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT company@questmarch.com.