Terms of Service

TERMS OF SERVICE

Last Updated: May 2, 2023

Welcome to your training grounds. We at State Space Labs, Inc. (“Statespace”) are here to help you get better at the games you love. These Terms of Service (the “Terms”) and our Privacy Policy at aimlab.gg/privacypolicy (“Privacy Policy”) apply both to our user customers (“Users”) and the expert coaches and content creators (“Creators”) when they use and create content accessed via our Services (as defined below). We offer the following services:

Our first-person shooter video game virtual training grounds available on our Site and as a mobile application, and the underlying software (“Aim Lab”);

Our websites at aimlab.gg and statespace.gg (the “Site”); 

Our statistics and gameplay analysis application (“StatsCenter”);

Training received from Creators to improve video game performance, which may include one-on-one training sessions, seminars or classes, video-on-demand reviews, Q&A services, personalized or user-exclusive playlists, personalized or user-exclusive tasks, and personalized or user-exclusive training regimens, as well as other content or services depending on the Creator and User (“Coaching Services”);

Our online services at aimlabs.com, featuring, among other things, gameplay clips and coaching instruction (“Aimlabs”); and

Our online forum located on the Site (the “Forum”). The Forum is part of the Site and so is included in the definition of Site.

By their powers combined, the Aim Lab software, the Site, StatsCenter, the Coaching Services, Aimlabs, the Forum, and any other products or services provided by Statespace on or in connection with any of these, are referred to together as the “Services.” Please read these Terms and our Privacy Policy carefully because they govern your use of all of our Services.

You Must Agree to Continue.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Privacy Policy.

Please check out our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

NOTE REGARDING COACHING SERVICES:

If you are a Creator, you acknowledge and agree when you use our Services that (1) you are responsible for complying with these Terms as well as any Creator Agreement you have with Statespace; (2) you are solely responsible for any Coaching Services or content you make available through the Services, and (3) Statespace has no responsibility with respect to your Coaching Services. 

As a User, if you sign up for Coaching Services, you hereby irrevocably and unconditionally release Statespace from all claims, losses and damages you may have against Statespace in connection with the Coaching Services or any Creator. Statespace does not represent or guarantee that the Coaching Services will be available, safe, satisfactory or otherwise meet your requirements, needs, or any other statements or descriptions posted by a Creator through the Service with respect to those Coaching Services; or will not conflict with or infringe the rights of third parties (including any intellectual property, publicity or privacy rights). You agree that you have complied and will comply with all rules and requirements set by your Creator with respect to their Coaching Services. Statespace is not responsible for ensuring that information (including credentials) a Creator provides is accurate or up to date. Statespace doesn't control the actions of any Users or Creators, and Creators are not our employees.

Please note that Statespace reserves the right, at any time and without prior notice, to remove or disable access to any Coaching Service for any reason, including Coaching Services that Statespace, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services. IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STATESPACE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE CAREFULLY REVIEW SECTION ‎23 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION.

TABLE OF CONTENTS

1. Switching up the Terms.

2. Who May Use the Services?

3. Glocking in (Registration and Your Information).

4. Sniper-Level Accuracy (of your Account Information).

5. Gripes, Griefs, and GGs (Feedback).

6. Payments.

7. You Might Just Be Bad at Games.

8. Content and Content Rights.

9. Content Ownership, Responsibility and Removal.

10. Your User Content, Your Responsibility!

11. Removal of User Content.

12. Admit One to Statespace

13. Streaming.

14. Beta Testing.

15. Play Nice and Play Fair.

16. DMCA/Copyright Policy.

17. Links that Lead Outside our Services.

18. Termination.

19. Warranty Disclaimers.

20. Indemnity.

21. Limitation of Liability.

22. Governing Law and Forum Choice.

23. Dispute Resolution for Consumers.

24. General Terms.

25. Contact Information.

1. Switching up the Terms.

We may update the Terms from time to time whenever we feel we need to. We’ll let you know about the changes by posting the updated Terms on the Services or contacting you some other way. It’s your job to review the Terms whenever we update them or you use the Services. If you keep using the Services after we have posted updated Terms, it means that you agree to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may modify or discontinue all or any part of the Services, at any time.

2. Who May Use the Services?

You may use the Services only if you are 13 years or older, are capable of forming a binding contract with Statespace, and are not barred from using the Services under applicable law. If you are between the ages of 13 and 18, your parent or legal guardian must review these Terms and accept them on your behalf. Parents and guardians are responsible for the acts of their children when using the Services.

3. Glocking in (Registration and Your Information).

If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the Site or (if we make this feature available) through your Account with certain third-party social networking services such as Discord, Twitch, Apple, or Google (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. You may also link your third-party gaming accounts such as Steam, Riot, Xbox, PSN, and Battle.net accounts (“Gaming Account”) to your Account. For more detail on integrating your Gaming Account, please see our Privacy Policy. In order to download the Services, you may also need to create an account with a download agent and software provider like Steam (each, a “Software Provider”). If you access or download the Services from a Software Provider’s platform (like Steam), then you acknowledge and agree that the Software Providers’ terms and conditions may apply to Aim Lab, such as the Steam Subscriber Agreement available at store.steampowered.com/subscriber_agreement/ in addition to and without limiting these Terms. By linking your SNS Account to your Account, you understand that we may access, make available, and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your Account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personal information that you post to your SNS Accounts and information about your SNS network will be available on and through your Account. Please note that if an SNS Account or associated service becomes unavailable or our access to such SNS Account is terminated by the third-party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts via the applicable account service providers. For account related questions please email help@statespacelabs.com

4. Sniper-Level Accuracy (of your Account Information).

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

5. Gripes, Griefs, and GGs (Feedback).

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at help@statespacelabs.com. If you choose to submit Feedback, you agree that we are free to use or otherwise exploit it (including through multiple tiers of sublicensing) without any restriction or compensation to you.

6. Payments.

We may offer certain upgrades and options within and via the Services that are purchasable with real world currency (“Virtual Goods”). We may also allow you to purchase a paid subscription to the Services (a “Subscription”), which depending on the Subscription model or tier you select, may include additional Coaching Services, ad-free content, and certain other premium features and functionalities of Aim Lab or other areas of the Services that we tell you about. We may also offer Virtual Goods in the form of on-platform currency purchasable with real world currency (“Credits”).

No Monetary Value to Virtual Goods.

When you initiate a Transaction for Virtual Goods, since Virtual Goods are basically make-believe items in a digital space, you are actually receiving a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use such Virtual Goods solely within the Services for your personal and non-commercial entertainment use and for no other purpose. Any Virtual Goods you receive via the Services remain the property of Statespace, have no monetary value and are not redeemable or refundable for any “real world” money or anything of monetary value. To the fullest extent permitted by law, we may modify, substitute, replace, suspend, cancel, or eliminate such Virtual Goods or revoke your license to such Virtual Goods, at any time, in our sole discretion, consistent with these Terms and with no liability to you.

YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST STATESPACE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT, ADJUSTMENTS TO OUR TERMS OR SERVICES THAT RESULT IN THE VALUE OF VIRTUAL GOODS CHANGING, OR MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS. THIS PARAGRAPH SHALL NOT AFFECT YOUR STATUTORY RIGHTS.

General.

When you purchase Virtual Goods, or a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may also be the Software Provider) to charge you for such Transaction (plus any applicable taxes and other charges). You may need to include appropriate payment information such as your credit card number and its expiration date, and your billing and email addresses (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You may also need to provide other information to verify your identity so we can authorize the Transaction (such information is included within the definition of Payment Information).

Subscriptions.

Subscriptions. If you purchase a recurring Subscription, you will be charged either the monthly or annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE STATESPACE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month (or year, for an annual subscription) on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. If you purchase an annual subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Statespace will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features, and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Statespace. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

Refunds. If you conduct a Transaction through a Software Provider, that Software Provider’s terms may also apply to your Transaction. If you conduct a Transaction on the Steam Store, the Steam refund policy applies to your Transaction (http://store.steampowered.com/steam_refunds/); we offer refunds on Virtual Goods in accordance with Steam’s refund policy. For Transactions outside the Steam Store, unless otherwise allowed by Software Provider’s purchase terms or otherwise required under applicable law in your jurisdiction, ALL PURCHASES ARE FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR TRANSACTION. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction.

Canceling Your Subscription. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to help@statespacelabs.com or use the controls available in your Account profile. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges. Please note that after your Subscription is cancelled, you will lose access to certain paid features in StatsCenter and Aimlabs, and any other features of the Services that require a Subscription to use or access, and certain data or information regarding your use of these features may be deleted.

Credits.

As a platform-based virtual token, Credits are a Virtual Good you can purchase for the purpose of awarding Creators. Spending Credits through the Services is solely for a User’s personal entertainment and does not create any legally enforceable contract between you and us or you and any Creator. Credits have no inherent monetary value, do not earn interest, are not your private property, and are not redeemable for cash. There may be a maximum amount of Credits you are able to hold or purchase at a given time, or a maximum number of Transactions you may make per day, each as determined in our sole discretion.

Creators may apply for “Creator Privileges,” enabling Users to award Credits to such Creators other users in return for Coaching Services or the provision of Content (such Creators, “Eligible Creators”). Eligible Creators may be provided an opportunity to receive payment in U.S. dollars based on the amount of Credits earned at a rate communicated via the functionality of the Services (“Cash Out”). The Cash Out amounts are determined in our sole discretion and they may not necessarily correlate with past amounts paid. You are responsible for all applicable taxes or duties in connection with any Cash Out. .

7. You Might Just Be Bad at Games.

We hope that your use of Aim Lab and other Services help to improve your skills in video games. However, we cannot guarantee any such results. There is no one-size-fits-all fix to improve someone’s abilities for how to play or perform in a video game, especially collaborative and team-based video games. Just ask anyone with a microphone and a PC—some people are just bad at games, even people on your own team. We are not responsible if you do not see any results from the use of Aim Lab and the Services. If you do see great results though, feel free to give us a shout-out.

8. Content and Content Rights.

Let’s get some definitions out of the way: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, information related to all users’ use of Aim Lab (such as their accuracy and responsiveness reports and their improvements over time, collectively called “Aim Lab Metadata”), the Site, StatsCenter, the Coaching Services, Aimlabs, the Forum, and any other products or services provided by Statespace on or in connection with any of these, and any other information or materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Site. User Content includes any public posts or comments that you (or other Users) make through Aim Lab, the Coaching Services, or other areas of the Services, but does not include Aim Lab Metadata.

9. Content Ownership, Responsibility and Removal.

Statespace does not claim any ownership rights in any User Content and nothing in these Terms will restrict any rights that you may have in your User Content. Subject to the foregoing, by making any User Content available through the Services, you hereby grant to Statespace an irrevocable, non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, promoting, and providing the Services. Statespace and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

10. Your User Content, Your Responsibility!

We need to trust that when you post any User Content, that User Content is really yours to post. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Statespace on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

11. Removal of User Content.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) needs to be maintained for context (e.g., if you want to delete a question but the answers may be helpful to others), for record retention purposes, or as otherwise disclosed in our Privacy Policy. In these circumstances, User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

12. Admit One to Statespace.

Subject to your compliance with these Terms, Statespace grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, (i) to access and view the Content and the Services; and (ii) if you have purchased Aim Lab, to download and install the Aim Lab software on a computer you own or control; in each case of (i) and (ii) solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Except as expressly permitted in these Terms, you may not: (a) use the Services in a way that infringes, misappropriates or violates any person’s rights; (b) copy, modify or create derivative works based on Aim Lab; (c) distribute, transfer, sublicense, lease, lend or rent the Aim Lab software to any third party; (d) reverse engineer, reverse assemble, reverse compile, decompile, translate, disassemble or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services; (e) use the Content or Services to train a machine learning or AI model; (f) use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; or (g) make the functionality of the Aim Lab software available to multiple users through any means. Statespace reserves all rights in and to the Services not expressly granted to you under these Terms.

13. Streaming.

We welcome and encourage you to stream your experiences with Aim Lab provided you: (i) limit such streaming to non-commercial purposes; (ii) do not charge a fee for viewing or access to your streamed content; (iii) maintain your stream within the “T” rating guidelines of the ESRB (e.g. no swearing or nudity) or similar rating boards; (iv) do not host competitions without our express written consent, which may be subject to further requirements; and (v) clearly indicate when your stream is being sponsored by including the persistent text “Sponsored By {insert your sponsor’s name}” in your stream.

14. Beta Testing.

From time to time we may offer a beta version of our Aim Lab software (a “Beta”). As the name implies, Betas are not guaranteed to work properly and may make other parts of your system not work properly as well. For the license granted to you in Section 12 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of these Terms:

Statespace may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the beta test;

Statespace may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly. When Statespace terminates a Beta test, you must delete the local Beta instance on your computer and all documents and materials you received from Statespace in connection with the Beta; and

Termination of a Beta test by Statespace is not a grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or free use of the Services, Aim Lab upgrade, or any Virtual Goods.

If and when we release a full commercial version of Aim Lab, your continued use of the Aim Lab beta will no longer be subject to this Section 14, but will still be subject to the rest of these Terms.

15. Play Nice and Play Fair.

We love games and we know you do too. We want our Forums, Aim Lab itself and the Services to be a fun and welcoming place for everyone looking to improve their ability to 360-noscope, shoot down UAVs without wasting all your grenades, and just generally having a good time. To help us with this goal, you agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Disrupt the flow of communication through “chat spamming”, whether through live communication within Aim Lab or in posts or topics on the Forum;

Select an Account name or username that suggests an affiliation with Statespace or any other company, contains personally-identifying information of you or any other user, is offensive, vulgar, obscene, sexually explicit, or is racially, ethnically, or otherwise objectionable;

Log into or otherwise use another person’s Account;

Disrupt other players’ enjoyment of the Services through action or inaction (e.g., “trolling”);

Use, display, mirror or frame the Services or any individual element within the Services, Statespace’s name, any Statespace trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Statespace’s express written consent;

Access, tamper with, or use non-public areas of the Services, Statespace’s computer systems, or the technical delivery systems of Statespace’s providers;

Attempt to probe, scan or test the vulnerability of any Statespace system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Statespace or any of Statespace’s providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Statespace or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Statespace trademark, logo URL or product name without Statespace’s express written consent;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content (including User Content), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

16. DMCA/Copyright Policy.

Statespace respects copyright law and expects its users to do the same. It is Statespace’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Statespace’s Copyright Policy at aimlab.gg/copyrightpolicy, for further information.

17. Links that Lead Outside our Services.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

18. Termination.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@statespacelabs.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following sections will survive: “Note Regarding Coaching Services,” 6(a), 6(b), and 6(c) (only for amounts due to Statespace prior to termination), 7, 8, 9, 10, 18, 19, 20, 21, 22, 23, and 24.

19. Warranty Disclaimers.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Specifically with respect to Section 7 above, we make no guarantees that Aim Lab will improve your accuracy or other abilities in any video game. Regarding the Coaching Services, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Coaching Services you receive. You hereby acknowledge that Statespace does not supervise, direct, control or monitor the Creators or Coaching Services, and expressly disclaims any responsibility and liability for the Coaching Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

We don’t provide medical advice. While the Services may provide access to information regarding your mental health, the Services cannot and are not intended to provide medical advice. The provision of such information does not create a medical professional /patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

20. Indemnity.

You will indemnify and hold harmless Statespace and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

If there is a dispute between participants on the Site or Services, or between Users and any third party, you agree that to the fullest extent permitted under applicable law, Statespace is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Statespace, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. 

21. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STATESPACE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STATESPACE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STATESPACE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO STATESPACE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STATESPACE, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STATESPACE AND YOU.

22. Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 23 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Statespace are not required to arbitrate will be the state and federal courts located in the Northern District of New York, and you and Statespace each waive any objection to jurisdiction and venue in such courts.

23. Dispute Resolution for Consumers.

The following terms of Section 23 “Dispute Resolution for Consumers” only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.

A. Mandatory Arbitration of Disputes.

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Statespace agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Statespace are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

B. Exceptions.

As limited exceptions to Section 23(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 

C. Conducting Arbitration and Arbitration Rules.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. The arbitration may be conducted in writing, remotely (e.g., by video conference) or in-person in the county or parish where you live (or at some other location that we both agree to). The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

D. Arbitration Costs.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

E. Injunctive and Declaratory Relief.

Except as provided in Section 23(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

F. Class Action Waiver

YOU AND STATESPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

G. Severability

With the exception of any of the provisions in Section 23(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

24. General Terms

A. Entire Agreement.

These Terms constitute the entire and exclusive understanding and agreement between Statespace and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Statespace and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Statespace’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Statespace may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

B. Notices

Any notices or other communications provided by Statespace under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

C. Waiver of Rights. 

Statespace’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Statespace. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

25. Contact Information. 

If you have any questions about these Terms or the Services, please contact Statespace at 

7461 South Avenue, Boardman, OH 44512, help@statespacelabs.com or (347) 903-8016.