Stampede Social Terms & Conditions


Effective date: Jan 1, 2022


Updated date: April 16, 2024


YOUR AGREEMENT TO OUR TERMS

 

These Terms and Conditions of Use (“Terms”) of Stampede Social, a DBA of Hashtag Roundup, LLC (“us” or “we” or “Company”) govern your use of the Social Stampede Web Application (the “Application”) and the services provided by us (“Services”). You should not access this Application or use the Application until you have carefully read and agreed to these Terms, and you acknowledge that by accessing the Application or using our Services you and any person using your account or using our Services, agree to and accept the Terms, and will be bound by all the Terms. If do not agree to these Terms, do not accept these Terms or use or access the Application.

 

If you are entering into these Terms on behalf of a company, organization, other legal entity, person or brand (“Entity”), you agree to these Terms for that Entity and represent to the Company that you have the authority to bind such Entity and its affiliates to these Terms. In such case, “you” or “Customer” shall refer to such Entity and its affiliates. If you do not have the authority to bind the Entity to these Terms do not use this Application. You represent and warrant that the information you provide in registering on the Application is accurate, complete, and rightfully yours to use and you will keep this information current and up to date.

 

We may update or modify these Terms from time to time at our sole discretion without notice to you or any User. It is your responsibility to check these Terms periodically for modifications. These Terms supersede all previous notices or statements regarding our Terms with respect to the Application and our Services. We include the effective date of our Terms at the top of the statement. Using the Application or Services following any modifications to the Terms, indicates your agreement and acceptance to the updated Terms.

 

USE OF THE APPLICATION

 

You agree that any materials, including but not limited to feedback, questions, comments, suggestions, ideas, plans, notes, drawings, recommendations for improvements or features, original or creative materials or other information, provided by you to us ("Submissions") are non-confidential (subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of patent, attribution and integrity) are irrevocably waived, in favor of us and our assigns.

 

We grant you a limited license to make personal use only of the Application. Such grant does not include, without limitation: (a) any resale of the Application; (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Application not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Application, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Application in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) making derivative uses of the Application and any Application, and; (e) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Application or to collect any information from the Application or any User of the Application. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of the Company or any third party. You may not use any meta tags or any other "hidden text" utilizing Social Stampede’s name, trademark, or product name without our expressed written consent. "Application" means all materials on the Application, including, without limitation, all Company, or other third-party trademarks, trade dress, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Application if you make or permit any unauthorized use of the Application. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators fully prosecuted.

 

The features and services of the Application available to you will be based on your plan agreement separately executed with the Company (“Plan”). You may not use the Application if you do not have an executed Plan.

 

You accept responsibility for your use of this Application and the Services, any use by your employees, agents, contractors and any use by anyone else you provide access to or who accesses your account (a “User”). You are solely responsible for all activities that occur under or in connection with your account. The terms “you” “your” or “User” refers to any person accessing the Application through your account, whether authorized or unauthorized.

 

RESTRICTIONS ON ACCESS AND APPLICATION USER OBLIGATIONS

 

You accept responsibility for your use of this Application and the Services, any use by your employees, agents, contractors and any use by anyone else you provide access to or who accesses your account (a “User”). You are solely responsible for all activities that occur under or in connection with your account. 

 

Except as set forth in the section marked “Agencies”, you agree that you will only access our Application for your internal business purposes and subject to these Terms. 


All Instagram accounts must be designated as business or creator accounts and connected to a Facebook page. Stampede Social can only monitor posts made while an account was a business or creator account. Post made prior to that account status will not be monitored. Monitoring only begins after authenticating with Stampede Social.


Users agree to turn on 'Allow access to messages' in their Instagram settings to allow Stampede Social to send DMs on their account's behalf. User also agree to keep the 'Allow people to embed your posts or profile on other websites' option set to allowed/on.

 

If you request to add Users to your account, each User will be automatically bound by and subject to these Terms. It is your responsibility to notify each User to read these Terms and if a User does not agree to be bound by them, to notify you and to not use the Application. The brand authenticator and the email used during billing will be assumed admins. You are responsible for all information, data, content, messages or other materials that you, your Users send via the Application or that are posted by your followers (collectively, “Content”).

 

All Users must have a public, active and in good standing (as applicable) Instagram and Facebook account to be allowed access to the Application.  Age restricted Instagram accounts or  Private Instagram accounts will/may not work with Stampede Social (or certain features may be limited or unavailable). Facebook authentication relies on Stampede Social having access to a users Facebook email address for secure user authentication. The Company will log all Stampede Social activity per registered User.  Certain additional features may require active Twitter, TikTok or REDDIT accounts.

 

You agree to use reasonable efforts to prevent unauthorized use of the Application and notify us immediately if you discover any unauthorized use through your account. You will take all necessary steps to terminate the unauthorized use and agree to cooperate with us in investigating, preventing or terminating any unauthorized use of the Application.

 

All Users are responsible for maintaining adequate security and control of all IDs and passwords that are used to access the Application and the Services. Any interaction conducted by or through your account will be deemed to be authorized by you.

 

All Users are responsible for maintaining accurate and current personal information when using the Services. Changing of social passwords, disconnecting your Instagram account from Facebook will trigger the need to reauthorize Stampede Social to allow continued usage. During one of these events the Stampede Social event will be placed in pause mode and stop collecting information and executing on campaigns. Users can self pause the event as well. Pausing the event, under any circumstance, does not cancel or stop your contract term. New data is not collected while in pause mode. Once turned back on data collection will be collected from that point forward.


All Users are responsible for maintaining an active Instagram account via a regular posting schedule.  See Plan response times.

 

AGENCIES

 

If you are an Agency, you may use our Application on behalf of your clients and charge your clients for such use of our Application. As an Agency, you will be liable for all use of the Application by your clients. By adding any client to your account, you represent and warrant that you have obtained all necessary authorizations and consents from such clients to bind them to these Terms. If you use the Application on behalf of your clients, or grant access to the Application to your clients, you will be responsible for ensuring that such clients are not able to access confidential or proprietary information of another Agency client. “Agency” shall mean a business or organization providing advertising, marketing, or social media services on behalf of another business, person,  brand or group.


Agencies acknowledge that Monthly and Annual plans are created for creators and large brands may need a customized Agency/Enterprise package. Contact us at info@stampede.social to inquire.

 

ACCOUNT USE AND TERMINATION

 

‍Subscription Terms

 

Monthly or Annual Plans for Stampede Social Suite of Services. For monthly Plans, we will charge you on the first day of your plan term and automatically on the same date of each subsequent month (“Monthly Payment Date”) or subsequent year (“Annual Payment Date”). We will continue to charge you accordingly for your Plan, including any Add-Ons unless you decide to cancel at any time via the billing portal. If you cancel in the month or year preceding your Monthly or Annual Pay Date, you will not be issued any refunds or credits of prepaid and unused fees for the remainder of the subscription term and you will continue to have access to the Application until the following Monthly Payment Date or Annual Payment Date. All payments will be made in USD Currency.

Stand alone Stampede Social Campaign/Engagements. For stand alone engagements, we will charge you on the first day of your campaign or per the agreement in the statement of work. 


Payment By Invoice. If we invoice you for your Plan your payment will be due upon receipt of the invoice. Unless otherwise specified on your service order, if we do not receive payment within fifteen (15) days of us issuing you the invoice, we have the right to suspend your account resulting in losing access to the Application, as well as all other remedies we might have at law or in equity. Unless otherwise specified on your service order, your Plan will automatically renew at the end of the Plan term. 

 

We reserve the right to increase subscription fees for your annual Plan on your Annual Pay Date; we will provide you with 30 day’s advance notice of any increases.

 

Changes To Your Plan. If you choose to upgrade your Plan or add any Add-Ons to your Plan during your plan term, you will be charged for the then-current price for the upgrade or Add-Ons prorated based on the number of days remaining in your plan term. Any upgrade or Add-Ons that you add will be coterminous with the existing Plan and automatically renew at the end of the plan term along with your Plan. If you choose to downgrade your Plan or remove any Add-Ons from your Plan, you will not be issued any refunds. Credits only will be issued (if applicable) and applied to the next billing cycle. Downgrading your Plan may cause the loss of Content, features, or capacity of your account and we do not accept any liability for any loss.

 

Payment by Credit Card or Paypal (or similar service) is acceptable but there will be an additional 3% fee to cover transaction costs. 


Geographic restrictions. Our products are currently only available for purchase within the United States. Our products are intended for use only within the United States. We make no representations or warranties that our products are suitable or available for use in other locations. You are solely responsible for complying with all applicable laws, regulations, and standards in your use of our products, and we shall have no liability for any use of our products outside the United States.


Plan response times. At Stampede Social, we want to ensure that our users have the best experience possible when using our platform. To achieve this, we rely on Instagram's API credits system, which requires an active and engaged Instagram account. API credits are the number of requests that Stampede Social can make to Instagram's API on your behalf. Each account is allotted a certain number of credits, which can be depleted quickly if your account is not active or if you're not generating enough impressions. To ensure that you're getting the most out of Stampede Social, we recommend that you post regularly on Instagram and engage with other users. This will help to increase your impressions and boost your account's engagement metrics, which will in turn increase your available API credits. If you're not generating enough impressions to maintain adequate API credits, Stampede Social reserves the right to decrease response times for your event. This means that you may experience delays or errors when using our platform. Stampede Social is not responsible for any issues that may arise as a result of your failure to maximize your API credits. We provide guidance to help you get the most out of our platform, but ultimately it's your responsibility to ensure that your Instagram account is active and engaged. Refresh times are defaulted at 120 seconds.

 

INSTAGRAM ACCOUNT SUBSCRIPTION POLICY


1. Subscription Association: Each subscription under this service is exclusively associated with one specific Instagram account, identified by its unique username (@ name).


2. Username Changes: Changing the username of an Instagram account linked to a subscription is considered as creating a new account. Consequently, a new subscription will be required for the account with the changed username.


3. Data and Subscription Termination: Upon changing the username of an Instagram account, all historical data associated with the original account will be irretrievably lost. Additionally, the existing subscription will be terminated immediately, and will not carry over to the account with the new username.


CANCELLATION 

 

Termination by Us. 

We may restrict functionality or terminate your account and use of the Application, with or without notice to you, for any of the following reasons: (i) we believe any User is violating these Terms, (ii) you do not pay your fees in accordance with your Plan, (iii) at the expiration of the Plan, (iv) you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or (v) if we reasonably determine you are acting or have acted in a way that could present substantial reputational harm to us or our current or prospective partners or customers. In no event will any termination entitle you to any refunds of any prepaid and unused fees or relieve you of your obligation to pay any fees payable to us in accordance with your Plan, and any unpaid fees under your Plan will become immediately due and payable. Any suspected fraudulent, abusive, hateful, discriminatory or illegal activity may be grounds for immediate termination of your use of the Application and may be referred to law enforcement authorities. We are not liable to you or any third parties for any termination of your use.

 

Post Termination

If your account is terminated, you will no longer have access to the Application or any Content, and We reserves the right to delete your account settings and Content and stored data within thirty days of such cancellation or termination with no liability or notice to you. Once your account settings and Content are deleted, you will not be able to recover the account settings and Content.

 

RULES AND LIMITS ON AND MODIFICATIONS TO THE APPLICATION

 

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect, feature, or functionality of the Application, including, but not limited to, information, capabilities, data, text, or other materials, features or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Application or restrict your access to part, or all, of the Application without notice or penalty

 

We will determine at our sole discretion whether any new features require additional fees. We may or may not provide notice to you of changes to the Application. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of our Application. Any additional Application add-ons and other features or functionality added during your Plan, free or paid, shall be subject to these Terms. Any additional services provide by us shall also be subject to these Terms.

 

SPECIFIC PROHIBITED USES

 

The Application may be used only for lawful purposes by individuals using our Services and the Application. You are responsible for your own communications, including direct messages and posting of replies, and are responsible for the consequences of all posting on or through the Application. Users shall not to use the Application for any of the following:

 

  • Posting/sending any information which is incomplete, false, inaccurate or not your own;
  • Posting/sending any Content that is defamatory, libelous, fraudulent, derogatory, abusive, obscene, unlawful, hateful, harassing, violent, threatening, racist, or discriminatory,
  • Impersonating another person;
  • Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  • Posting/sending material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Posting/sending material that reveals trade secrets, unless you own them or have the permission of the owner;
  • Posting/sending material that infringes on any other intellectual property, privacy or publicity right of another;
  • Attempting to interfere in any way with the Application’s or the Company’s networks or network security, or attempting to use the Application’s service to gain unauthorized access to any other computer system.
  • Any use that interferes in any way with other Users of the Application or Services.
  • Using for illegal promotions or gambling
  • Violation of any state or federal law
  • The sale or distribution of Cannabis
  • Claiming to act for or on behalf of us
  • Falsely implying any sponsorship or association with the Company;

 

(a) license, sublicense, assign sell, rent, lease, or otherwise permit third parties to use the Application;

(b) use the Application in violation of applicable law or any acceptable use policy, terms of use (including, but not limited to, the Terms of Service for Facebook, Instagram, OpenAI, Twitter, Reddit, or any similar policy or terms of Third-Party Services;

(c) use the Application in conjunction with any other Application or service except as specifically provided under these Terms.

 

ARTIFICIAL INTELLIGENCE


Please be aware that our AI technology is not perfect and may contain errors. The results generated by our AI are provided for informational purposes only and should not be relied upon as advice or substituted for human judgement. Use of our AI technology is at your own discretion and it is your responsibility to review and verify the accuracy of the results. We do not guarantee the accuracy, reliability, completeness or timeliness of the information provided by our AI and shall not be liable for any errors or omissions. We recommend that you seek professional advice where appropriate.  We may impose limits on your use of Stampede Social AI tools. For example, we may allocate credits to you based on your subscription level. 


By accessing or using Stampede Social's AI tools, you acknowledge OpenAI’s privacy policy at https://openai.com/privacy/ and terms of service: https://openai.com/terms/ 


Please carefully review any AI Responses/Report Output before using it as part of your social media post as they were created solely by AI. 


SECURITY RULES

 

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User involved in such violations. You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, the following:

  • Accessing data not intended for such User or logging into a server or account which User is not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited email, including promotions or advertising of Application or Services, or
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You are responsible to immediately notify the Company of any unauthorized use or other violations to the Terms, applicable rules or laws, and you are responsible to provide any regulatory or other notices required by local, state or federal law.
  • Circumvent or disabling any security or other technological features or measures of the Application.
  • Reverse engineering any element of the Application, or use the Application to compete with the Application.
  • Using the Application in any manner that interferes with or disrupts the integrity or performance of the Application or the components of the Application.
  • Using the Application to post, link to any Content that contains any viruses, malware, Trojan horses, ransomware, or any other similar harmful software.
  • Attempting to use any method to gain unauthorized access to any paid or restricted features of the Application or to the Application and its related systems or networks.
  • Using automated scripts to collect information from or otherwise interact with Third Party Services or the Application.

 

 

AVAILABILITY OF SERVICE

 

While we will use commercially reasonable efforts to keep our Application available and accessible, the Application may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in OUR USE OF THIRD PARTY APPLICATION) or any related application programming interface (“APIs”) and integrations. Interruptions of our Application shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused fees.

 

OUR USE OF THIRD PARTY APPLICATION

 

You may be able to link to third party web-sites (“Linked Sites”) from the Application. Linked Sites are not, however, reviewed, controlled or examined by the Company in any way and the Company is not responsible for the content, availability, advertising, Application, information or use of User information or other materials of any such Linked  Sites , or any additional links contained therein. These links do not imply the Company’s endorsement of or association with the Linked  Sites . It is your sole responsibility to comply with the appropriate terms of service of the Linked  Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked  Sites and any content contained thereon. In no event shall the Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that administrator or Webmaster for the Linked Site. The Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Application or introduce different features or links to different users.

 

DATA PRIVACY AND USER INFORMATION

 

We us information you provide to us and data collected via the Application, to enable us to respond to your service requests and as necessary to provide you with the Application and enable you to use its functions and may be shared with third parties if required by law, if permitted by you, or pursuant to our Privacy Policy (“Privacy Policy”), which is available here and incorporated into these Terms. You agree to all actions that are taken with respect to your data that are consistent with our Privacy Policy. We do not share your data with third parties for their own marketing purposes. You acknowledge and agree that you are solely responsible for the accuracy of any information that you provide or make available as part of our business relationship. Through your use of the Application or Services, you further acknowledge and agree to the terms of our Privacy Policy as updated without notice from time to time by your use of our Services and our Application.

 

PROPRIETARY RIGHTS

 

Except as otherwise provided herein, use of the Application does not grant you a license to any features or materials you may access on the Application and you may not modify, rent, lease, loan, sell, distribute or create derivative works of the Application, features, materials or functionality, in whole or in part. Any commercial use of the Application is strictly prohibited, except as allowed herein or otherwise approved by us.

 

The Company logos and service names are trademarks of the Company (the “Company Marks”). You shall not to display or use Company Marks in any manner. Nothing on the Application should be construed to grant any license or right to use any Company Mark without the prior written consent of the Company.

 

INDEMNITY

 

You shall defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from and against all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use, your followers’ use, any User’s use, or the use by any person or entity who accesses your account, of the Application or Services, and the violation of the Terms or the posting or transmission of any materials on or through the Application.


DISCLAIMER OF WARRANTIES


You agree that the Application and the Services, including, without limitation, all features, function, materials and services are provided to you “as is”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Company does not warrant that the Application or the Services, or the functionality of the Application or Services, will be timely, secure, uninterrupted or error free, free of viruses or other harmful components, and the use of the Application and the Services is at your sole risk.

 

LIMITATION OF LIABILITY

 

In no event shall the Company, its affiliates or any of their respective directors, officers, employees, agents, members or managers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Application, the Services, or the Content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Company or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of the Company to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the Application exceed, in the aggregate, $1,000.00.

 

GENERAL INFORMATION

 

Except where an Agreement exists between you and the Company, the Terms constitute the entire agreement between you and the Company and govern your use of the Application and the Services, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Application. You agree that no joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of these Terms or your use of the Application or the Services.

 

Any claim or cause of action you may have arising out of or related to the use of the Application or our Services must be commenced within one year after the claim or cause of action arose.

 

The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the fullest extent permitted by law, and to the other provisions of the Terms remain in full force and effect.

 

You may not assign the Terms or any of your rights or obligations under the Terms without the Company’s express written consent. The Terms inure to the benefit of the Company’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. 

 

You agree that the laws of the state of Michigan, without giving effect to its conflicts-of-law rules, shall govern these Terms and any matter arising out of or related to these Terms, the Application, the Services, or any dispute between a User and the Company. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with the Company or relating in any way to your use of the Application or the Services resides in the state and federal courts of Oakland County, Michigan and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts in or nearest to Oakland County, Michigan

 

Notices to you may be made via either email or regular mail unless otherwise agreed to in writing by you and by the CEO of the Company. The Application or the Company may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Application.

 

You shall be liable for all of our reasonable attorneys' fees, including court costs, including those for appellate proceedings, and fees for paralegals, legal assistants, accountants, expert witnesses and similar persons that we incur in enforcing our rights or these Terms against your or any User.

 

To contact us with any questions or concerns in connection with the Terms, with any applicable Agreement between you and the Company, or with the Application, please contact us at feedback@stampede.social.


WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. EACH PARTY, HAVING READ THIS PROVISION, AND HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL OF ITS CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR ITS BENEFIT WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION (ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES) REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT.

 

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