CCX Business Membership Agreement

Last Updated Date: October 1, 2024

This Membership Agreement (this “Membership Agreement”) is between Plusia Technologies Private Limited d/b/a CCX Business (“CCX Business” or “we” or “us”) and the individual accepting these terms (“Member” or “you” or “your”). This Membership Agreement governs your membership with CCX Business (the “Membership”) along with any other services offered by us during your Membership (the “Services”). This Membership Agreement is entered into pursuant to and will be governed by the CCX Business Terms of Service found at https://www.ccxbusiness.com/terms-of-service (the “CCX Business Terms” and together with the Membership Agreement, the “Agreement”). In the event of a conflict, ambiguity or inconsistency between the provisions of the CCX Business Terms and the terms of this Membership Agreement, the provisions of this Membership Agreement will govern and control.

YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON OR BY USING THE MEMBERSHIP, BEING A MEMBER OR USING ANY SERVICES IN CONNECTION THEREWITH, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CCX BUSINESS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. MEMBERSHIP TO CCX BUSINESS IS CONTINGENT ON THE ACCEPTANCE OF THIS MEMBERSHIP AGREEMENT AND THE AGREEMENT (DEFINED ABOVE).

1. Membership Rights: There are three (4) main categories of Members: (i) Members who have been fully sponsored by their employers and Members who pay for their Membership but are fully reimbursed by their employers (“Fully-Sponsored Members”); (ii) Members who have been partially sponsored by their employers or have been partially reimbursed by their employers (“Partially-Sponsored Members”);  (iii) Members who are not sponsored or reimbursed by their employers for their Membership (“Individual Members”) and (iv) Corporate Members. CCX Business grants each Member an individual Membership, meaning such Membership is non-transferable and does not admit any other individual (unless you are fully sponsored by your employer and your employer has requested transferability of your Membership in their agreement with CCX Business in the event you are no longer employed with that employer). Corporate members may however include their team members in their corporate membership. The CCX Business Membership provides Members with the ability to get publicity and connect with other Members within exclusive platform spaces or by attending meetups with other Members.

2. Specific Terms for Partially-Sponsored Members and Individual Members

a. Fees:  CCX Business charges a subscription fee for a Membership (the “Membership Fee”); provided, however, that the specific amount of the Membership Fee depends on the Member’s tier of Membership. Members agree that by accepting this Membership Agreement they have committed to a Membership of an agreed-upon term of 12 months (change to Membership term length can only be amended in writing and signed by all parties) (“Membership Term”) and an agreed upon Membership Fee. CCX Business also reserves the right to charge an application fee and/or attendance fees to special events from time to time. It is within CCX Business’ discretion to amend the Membership Fees at any time effective for the next Membership Term. You will be notified reasonably in advance of your next Membership Term if there will be any changes to the amount, date or frequency of the payment of fees. The right to waive or amend such fees shall be in CCX Business’ sole discretion. As set out in Section 3 below, you have the right to cancel your Membership at any point prior to the Renewal Commencement Date (defined below) for any reason (including if you do not agree to the changes to the fees, date or frequency of payment) with effect from the end of the relevant Membership Term.

b. Fee Processing:  You agree to pay all fees or charges for your Membership in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide CCX Business with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by us) or use Apple Pay, Google Pay or any other payment or financial mechanism specified by CCX Business (“Payment Provider”). Fees for the Memberships and Services made available by CCX Business are inclusive of any applicable value-added tax or similar sales tax. Your Payment Provider agreement governs your use of the designated credit or debit card, Apple Pay account or Google Pay account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing your payment details, you accept and consent to being charged fees in the form requested by CCX Business and that no additional notice or consent is required. CCX Business third party service providers for payment services (e.g., card acceptance, merchant settlement and related services) in connection with the Services (“Payment Processor”). By purchasing a Membership, you agree to be bound by their Privacy Policy, and you hereby consent and authorize CCX Business to share any information and payment instructions you provide with Payment Providers to the minimum extent required to complete your transactions. CCX Business reserves the right to change and/or add payment processing options without prior notice. By subscribing as a Member, you authorize CCX Business to charge your Payment Provider now, and again at the beginning of any subsequent Membership Term.

c. Failure to Pay Membership Fee: Failure to pay the Membership Fee within thirty (30) days of the renewal of the Membership Term (or other payment due date if a payment schedule was agreed to in writing) will result in a Member’s Membership being terminated.

3. Membership Renewal:  Your Membership will continue indefinitely until terminated in accordance with this Agreement. After your initial Membership Term ends, and again after any subsequent Membership Terms, your Membership will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at your existing Membership Fee for your Membership tier. You agree that you will be subject to this automatic renewal feature unless you cancel your Membership prior to the Renewal Commencement Date by filling out a cancellation request form available on our website when you log into your account or emailing experience@ccxbusiness.com. If you cancel your Membership, you may use your Membership until the end of your then-current Membership Term; your Membership will not be renewed after your then-current Membership Term expires. However, you will not be eligible for a prorated refund of any portion of the Membership Fees paid for the then-current Membership Term.

4. Membership Changes:  To inquire about upgrading your Membership, please contact experience@ccxbusiness.com. Once you are in a higher tier, you may not choose to downgrade your Membership tier to a lower tier Membership for your current Membership Term; however, you may request to downgrade to a lower tier Membership before your next renewal is processed by contacting experience@ccxbusiness.com.

5. Membership Pauses:  CCX Business may, in its sole discretion, allow Members to pause their Memberships for either a three (3) or six (6) month period per year. For more information on requesting a pause to your Membership, please contact experience@ccxbusinesss.com.

6. Proposing New Members:  Members are encouraged to propose new applicants to join CCX Business. All Membership decisions are at the sole discretion of CCX Business.

7. Membership Information:  By becoming a Member, you agree that CCX Business can store the personal information you provide for use in connection with your Membership. If your contact or payment details change, it is your responsibility to let us know in a timely manner. For more information on how CCX Business may collect, use and/or share your personal information, please review CCX Business Privacy policy.

8. Membership Access:  Members (and all other Members during CCX Business-led events, member-led meetups, and as guests of CCX Business members) must present identification. Providing your identification to a non-member may result in suspension or termination of your Membership. CCX Business shall not be liable for any damage to or loss of any personal property of any Member (or their guest) by theft, fire or other casualty, to the maximum extent permitted by law.

9. Member Release:  Chief may also film, video or photograph any Member events and activities for use in membership programs, advertising, promotions, public relations and other commercial and business purposes. To the fullest extent permitted by applicable law, you consent to the use of your name, biographical details, image, actions, voice and/or and likeness and other limited information in any materials CCX Business chooses to publish in any medium in any territory, in perpetuity, without further authorization or compensation, in any media, whether now known or hereafter devised, including, without limitation, broadcast, cable and satellite television, social media and the Internet (e.g., YouTube, other digital video platforms, etc.) and mobile platforms (including mobile applications) and for any other lawful business purpose (including commercial, merchandising and promotional purposes).

10. Confidentiality:  CCX Business places great importance on the confidentiality of its Members and the information they share as part of their CCX Business Membership (at any tier). As such, please respect other Members by not sharing their confidential Information  which includes, but is not limited to, information that pertains to the business, product, technology, idea or customers of any Member and all information which is valuable to a Member. Confidential Information does not include information that is (a) public knowledge; (b) in the possession of the receiving party before receipt from the disclosing party through no fault of the receiving party; (c) is disclosed to the receiving party by a third party without breach of confidentiality obligations; or (d) is independently developed by the receiving party without reference to the Confidential Information. It is a key term of your Membership that you honor the privacy and Confidential Information of all Members and failure to do so will result in termination of Membership. Confidential Information also includes the identity of a Member and related information such as email addresses, contact information, employment information. As such, efforts to collect or extract any Member information, including data scraping, are prohibited; collecting individual Member information for personal use in the normal course of your Membership is permitted.

11. Conflicts of Interest: Any Member conflict of interest that may arise through interactions with other Members through the CCX Business Services must be disclosed and approved in advance.

12. Solicitation: Members may not solicit other Members or their guests directly for sales of services or products while using CCX Business platforms or through other CCX Business Services and events unless expressly invited to do so.

13. Intellectual Property:  Except as expressly granted in this Agreement, CCX Business reserves and retains all right, title and interest in all Services and products, including, without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that CCX Business Services and products contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with CCX Business’ prior written consent or as explicitly provided in this Membership Agreement: (1) Membership does not give you any ownership of or license to any intellectual property rights; or (2) membership does not grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property or confidential information. Any unauthorized use of any such content or materials is strictly prohibited and violates copyright, trademark and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content provided by CCX Business not explicitly indicated as downloadable may not be downloaded or copied. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit for any purpose whatsoever any content, code, data or materials provided by CCX Business. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws and may be subject to liability for such unauthorized use. To inquire about obtaining authorization to use the materials or content other than as expressly permitted in this Membership Agreement, please email experience@cxbusiness.com.

14. Third Party Materials and Content: Services provided by CCX Business, may incorporate third party content, data, information, applications or materials (“Third Party Materials”). Member acknowledges and agrees that CCX Business is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Materials. CCX Business expressly disclaims any responsibility for all aspects of Third Party Materials, and Member further acknowledges and agrees that CCX Business shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials. Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in this Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

15. Misconduct:  As a Member, you and your guests agree to abide by our Community Guidelines. Moreover, you cannot misrepresent your affiliation with CCX Business; while CCX Business encourages all Members to share their CCX Business membership publicly, Members need to keep in mind that they are not an official representative of the CCX Business corporate team. Without limiting the foregoing, any Member may be disciplined, suspended or terminated for any of the following reasons (or any additional reason in the sole discretion of CCX Business): (a) violations of any terms of this Membership Agreement, the Agreement or our Community Guidelines (which include our Privacy Policies); (b) inappropriate, violent, or abusive behavior both in person and/or via online and/or social media (including for conduct and speech unrelated to any Services); (c) communication of information concerning confidential CCX Business events, other Members or their guests to outside sources, including, but not limited to, the media; (d) failure for a period of sixty (60) days or more to pay outstanding fees or any other charges incurred; and (e) conduct of a Member or their guest that is detrimental to the best interests of CCX Business. Any termination of a Membership due to misconduct described herein shall be in CCX Business’ sole discretion, without any refund of any Membership Fees or other charges.

16. Member Warranty:  Member warrants that they are legally capable of entering into this Agreement; all information provided is truthful and accurate; Member will maintain the accuracy of all information; and Member’s Membership will not violate any applicable laws or regulations.

17. CCX Business Warranty Disclaimer; Limitation of Liability:

a. THE SERVICES AND MEMBERSHIP PROVIDED BY CCX BUSINESS AND ANY CCX BUSINESS OR CCX BUSINESS MEMBER ORGANIZED EVENTS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ATTENDANCE AT CCX EVENTS IS ENTIRELY AT THE RISK OF THE MEMBER AND HIS OR HER GUESTS. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCX BUSINESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY CCX BUSINESS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND CCX BUSINESS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES, PRODUCTS OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCX BUSINESS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

c. CERTAIN JURISDICTIONS’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

d. IN NO EVENT WHATSOEVER SHALL CCX BUSINESS, ITS AFFILIATES OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, ARISING UNDER TORT, CONTRACT, OR OTHER LAW AND REGARDLESS OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

e. CCX BUSINESS NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, CCX BUSINESS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE FOR THE USE OF ANY SERVICES OR MEMBERSHIP, CCXBUSINESS’ LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY FEES PAID BY YOU TO CCX BUSINESS IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES.

f. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH HEREIN MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS. WE DO NOT LIMIT OR EXCLUDE THE CCX BUSINESS PARTIES’ LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO.

18. Dispute Resolution: Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires that you and CCX Business arbitrate against one another. If you are not a resident of Zimbabwe, and if local law requires, you may bring an action against CCX Business in the local courts of your place of primary residence and nothing in this Agreement is intended to limit your rights to do so.

PLEASE BE AWARE THAT THIS SECTION 18 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND CCX BUSINESS HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 18 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND CCX BUSINESS BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 18 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

a. Subject to the terms of this Arbitration Agreement, you and CCX Business agree that any dispute, claim or disagreement arising out of or relating in any way to your access to your Membership or use of the Services, or this Membership Agreement or the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and CCX Business may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or CCX Business may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Membership Agreement or the Agreement, as well as claims that may arise after the termination or expiration thereof.

b. There may be instances when a Dispute arises between you and CCX Business. If that occurs, CCX Business is committed to working with you to reach a reasonable and amicable resolution. You and CCX Business agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and CCX Business, therefore, agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you also agree to personally participate in the Conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by both parties in writing. Notice to CCX Business that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@ccxbusiness.com. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

c. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple Members in similar cases, unless all parties agree otherwise in writing; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree in writing. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section.

d. YOU AND CCX BUSINESS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CCX Business are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review, if at all.

e. YOU AND CCX BUSINESS AGREE THAT, EXCEPT AS SPECIFIED IN HEREIN, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE MEMBER OR POTENTIAL MEMBER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR POTENTIAL MEMBER. Subject to the Arbitration Agreement herein and the terms and conditions of this Membership Agreement, the arbitrator 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 the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and CCX Business agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts of Zimbabwe. All other Disputes shall be arbitrated or litigated in small claims court. This sub-section does not prevent you or CCX Business from participating in a class-wide settlement of claims (only after a court of competent jurisdiction has declared the class action prohibition unenforceable under applicable law).

f. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

g. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

h. Unless you and CCX Business otherwise agree in writing, or the Batch Arbitration process is triggered, the arbitration will be conducted in the county where you reside.

i. You and CCX Business agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

j. The arbitrator will be either a retired judge or an attorney licensed to practice law in Zimbabwe.

k. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement.

l. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose. If you or CCX Business need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements and reasonable attorneys’ fees and costs.

m. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: CCX Business within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

n. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with CCX Business as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

o. Notwithstanding any provision in the Agreement to the contrary, we agree that if CCX Business makes any future material change to this Arbitration Agreement, CCX Business will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to CCX Business by sending an email to legal@ccxbusiness.com your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement) remain in full force and effect. CCX Business will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement.

19. Amendments: Please note that this Agreement is subject to change by CCX Business in its sole discretion at any time. When changes are made, CCX Business will make the new copy of the Agreement available on the website when you log in to your account. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail or another manner (which may include posting an announcement on our website). CCX Business may require you to provide consent to the updated Agreement in a specified manner before further use of the Membership or Services is permitted. If you do not agree to any material change(s) after receiving a notice of such change(s), you may cancel your Membership on notice to CCX Business and receive a pro-rated refund of Membership Fees for the remainder of the relevant Membership Term, and you agree to stop using the Services. Otherwise, your continued Membership or use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

20. Entire Agreement:  To the extent permitted by applicable law, this Membership Agreement constitutes the entire agreement between you and CCX Business and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon and shall have no remedy in respect of any agreement, warranty, statement, representation, or undertaking unless set out expressly in this Membership Agreement.

21. Electronic Communications:  The communications between you and CCX Business may take place via electronic means. For contractual purposes, you (a) consent to receive communications from CCX Business in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that CCX Business provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Any and all notices from CCX Business to you, including those required in this Agreement to initiate arbitration or any other proceedings, will be sent via email (to your last known email address), and such email shall have the same legal effect as if the notice was personally served.

22. Waiver: If we do not enforce any part of this Membership Agreement, it does not mean we give up the right to later enforce that or any other part of this Agreement. In order for any waiver of compliance with this Agreement to be binding, CCX Business must provide you with written notice of such waiver through one of our authorized representatives.