Early Warning

TERMS AND CONDITIONS OF USE

Last updated: February 20, 2026

  1. INTRODUCTION

These Terms and Conditions of Use (“Terms”) apply when you access, use, or visit the website and platform located at https://earlywarning.report (the “EWR Platform”) owned and operated by Early Warning Report LLC (collectively “EWR”, “we”, “us” or “our”), or any events, newsletters, publications, chatrooms, live sessions, webinars, video presentations, social media postings, applications, email communications, research reports, or other features available on or through the EWR Platform (together with the Platform, the “EWR Services”). “Your” or “you” refers to the user of the EWR Platform and EWR Services and you warrant and represent that you have the authority to act on behalf of your employer or any other third party that you have contracted with in connection with any Potential String or Applied-For String (“Employer”) and that you have the authority to accept these Terms on behalf of your Employer. You agree that you and your Employer are jointly and severally liable for any violation of these Terms.

Your continued access and use of the EWR Services is conditional on your acceptance of and continued compliance with the terms and conditions set out below. These Terms will govern your use of any new features that augment or enhance the current EWR Services. In addition to these Terms and any additional terms, incorporated herein by reference, the EWR Privacy Notice, found at https://earlywarning.report/privacy (the “Privacy Notice”) will govern how personal information you submit on the EWR Platform and through the EWR Services will be used, and together they form the agreements between you and us (the “Agreements”). Please read these Terms, our Privacy Notice and any other terms referenced in this document carefully.

By accessing, browsing, using and/or downloading the pages in the EWR Platform, by creating an Account, by making a purchase through the EWR Services, or by using the EWR Services, you agree to accept and comply with these Agreements. If you do not agree to accept and comply with the Agreements, you must immediately stop accessing, browsing or otherwise using the EWR Platform and EWR Services.

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the EWR Platform or by sending you an email. In some cases, we will notify you in advance, and your continued use of the EWR Platform and EWR Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the EWR Platform and EWR Services under the new version of the Agreements, you may terminate your account by contacting us.

  1. EWR SERVICES AND ACCOUNTS

    1. EWR Services Generally. The EWR Platform provides users access to information and various services which are intended to help them make more strategic and cost effective decisions and avoid contention in the 2026 round of new gTLD applications (the “Next Round”) operated by the Internet Corporation for Assigned Names and Numbers (“ICANN”).

    2. Pre-Application EWR Services. The Pre-Application phase of EWR Services runs from February 20, 2026 and through the period during which new gTLD applications can be submitted in the Next Round (the “Application Window”), which is expected to run from April 30, 2026 to August 12, 2026. During the Pre-Application Phase, users of the EWR Platform who have created an Account can submit strings of alphanumeric characters representing potential gTLD strings to be applied for in the Next Round to the EWR Platform (each a “Potential String”).

      1. String Availability Determinations. Once a Potential String is submitted to the EWR Platform, the EWR Platform will make an initial determination as to whether the Potential String is available to be applied for in the Next Round (“String Availability Determination”). If a Potential String is determined by us not to be available to be applied for in the Next Round, the EWR Platform may provide a reason for such unavailability. String Availability Determinations represent our view based on information available to us. You acknowledge and agree that String Availability Determinations are in no way a representation or guarantee that a Potential String is available or not available to be applied for in the Next Round and that you rely on String Availability Determinations at your own risk.

      2. Risk Scores. For each Potential String, you may purchase a Risk Score. The Risk Score represents our view of the risk that an application for the Potential String in the Next Round will face objections or other challenges which may prevent the application from going forward or being approved by ICANN. Risk Scores may be provided by, or in partnership with, third party providers. Factors considered include the risk of confusion with existing TLDs, name collision, variants, trademarks, geographic indicators, government sensitivities, and public expressions of interest (each a “Risk Score Factor”). The Risk Score will be displayed as a whole number between 1 and 5 with 1 representing the lowest risk of challenges and 5 representing the highest risk of challenge (the “Risk Score Index”). The Risk Score will also include a chart of the Risk Score Factors that contributed to the Risk Score Index. You acknowledge and agree that Risk Scores are in no way a representation or guarantee that a Potential String is available or not available to be applied for in the Next Round or will be subject to challenges or not and that you rely on Risk Scores at your own risk.

      3. String Interest Report. For each Potential String, users may purchase a String Interest Report. The String Interest Report will tell the user how many other participants on the EWR Platform have also purchased a String Interest Report for the same Potential String. The String Interest Report will tell the user how many other EWR Platform participants have purchased a String Interest Report for the relevant Potential String at the time of purchase and then the user will be alerted when additional EWR Platform participants purchase a String Interest Report for the relevant Potential String. The String Interest Report will also enable the user to communicate with other purchasers of a String Interest Report for the same Potential String (“String Interest Chat”). Communication in String Interest Chat will be anonymous and through the Alias assigned to your Account, although users are free to identify themselves should they so choose.

    3. Post-Application EWR Services. The Post-Application phase of EWR Services runs during the Application Window and until a specified date which is expected to be three (3) weeks after the Application Window closes (“Post-Application Phase Close Date”). Users will be notified of the Post-Application Phase Close Date on the EWR Platform and by other means in the sole discretion of EWR. During the Post-Application Phase, users of the EWR Platform who have created an Account can submit strings to the EWR Platform that they have actually applied for and paid the fees for in the Next Round (each an “Applied-For String”). In order to submit an Applied-For String, the full legal name of the applicant for the Applied-For String must be provided (“Applicant”) which may be through the Account or otherwise. Applied-For Strings will be validated and verified by EWR to ensure that an application has actually been submitted to ICANN and the fees paid to ICANN. The identity of the user submitting the Applied-For String (the “Submitter”) and the Applicant will also be verified and validated as will the Submitter’s connection to the Applicant. The methods and requirements for validation and verification will be determined in EWR’s sole discretion. By using the EWR Platform, you acknowledge and agree that all validation and verification decisions made by EWR will be final and binding and that you will not contest such decisions. The EWR Platform may permit Potential Strings from the Pre-Application Phase to be converted to Applied-For Strings subject to verification and validation.

      1. Contention Avoidance Report. Once EWR has verified the status of an Applied-For String (a “Verified Applied-For String”), users may purchase a Contention Avoidance Report. The Contention Avoidance Report will tell the user how many other participants on the EWR Platform have also purchased a Contention Avoidance Report for the same Verified Applied-For String. The Contention Avoidance Report will tell the user how many other EWR Platform participants have purchased a Contention Avoidance Report for the relevant Verified Applied-For String at the time of purchase and who the Applicants are for the other Verified Applied-For Strings then the user will also be alerted when additional Submitters purchase a Contention Avoidance Report for the relevant Verified Applied-For String and who the Applicants are The Contention Avoidance Report will also enable Submitters to communicate with other Submitters of a Contention Avoidance Report for the same Verified Applied-For String (“Contention Avoidance Chat”). Unlike the String Interest Chat, Contention Avoidance Chat will not be anonymous and the Submitter and Applicant will be identified when they use the Contention Avoidance Chat function. BY PURCHASING A CONTENTION AVOIDANCE REPORT, YOU ACKNOWLEDGE AND AGREE THAT OTHER PURCHASERS OF A CONTENTION AVOIDANCE REPORT WILL BE PROVIDED YOUR NAME AND THE NAME OF YOUR EMPLOYER AND YOU EXPRESSLY WAIVE ANY ANONYMITY.

    4. Account Registration. For certain aspects of the EWR Services, you will be required to create an account (an “Account”). When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You may have multiple Accounts. If you share access to your Account, you and your Employer will be jointly and severally liable for any use of the Account, including, but not limited to, any Purchases made through the Account, or for violation of these Terms . You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether your password is with our Service or a third-party service. You agree to immediately notify EWR in the event that your registration information changes or you learn of or have reason to suspect any unauthorized use of your Account or any other breach of security. EWR will randomly assign an anonymous name to your account (“Alias”). EWR may permit you to change your Alias. If EWR does permit you to change your Alias, you may not use as an Alias the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as an Alias any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion. EWR may refuse to grant a particular Alias to you or require you to change your Alias for any reason.

  2. USE OF THE EWR SERVICES

    1. Affirmative Representations Regarding Your Use of the EWR Services. When you use the EWR Services, you represent that: (a) the information you submit to the EWR Services is truthful and accurate; (b) your use of the EWR Services does not violate any applicable law or regulation or ICANN policy, including, but limited to the applicant Guidebook for the Next Round; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms. You must be 18 years or older to use any part of the EWR Services.

    2. Management of the EWR Services. We reserve the right, but do not undertake the obligation to: (a) monitor or review the EWR Services for violations of the Agreements, and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any EWR Content or any portion thereof; (d) manage the EWR Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the EWR Services; and/or (e) terminate or block your use of the EWR Services for violating these Terms.

    1. Our Rights to Restrict, Revoke or Terminate Access. Without limiting any other provision of these Terms or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the EWR Services or to terminate the Account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms or the Agreements, or of any applicable law or regulation.

  3. ACCEPTABLE USE

    1. Prohibition on Transmission of Sensitive Information. You are prohibited from transmitting any “sensitive” personal information over the EWR Services, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card or bank account or other financial information (except to make a purchase), other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, or other sensitive matters (“Sensitive Personal Information”).

    2. Prohibited Uses of the EWR Services. You are also prohibited from: (i) using the EWR Services to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Site any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy; (iv) disrupting the normal flow of the EWR Services, including any dialogue on the EWR Services or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the EWR Services; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting EWR Content or using the EWR Services in such a way that damages the image or rights of EWR, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the EWR Content in whole or in part, including, without limitation, creating any frames at any other sites or EWR Services pertaining to any portions of the EWR Services; and (x) attempting to circumvent, disable or otherwise interfere with security related features of the EWR Services that prevent or restrict use or copying of any EWR Content or enforce limitations on use of the EWR Services.

  4. OWNERSHIP OF AND RESTRICTIONS ON USE OF EWR CONTENT

    1. EWR Content. All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof other than content provided by an EWR user (collectively, “EWR Content”) is, unless otherwise noted, subject to intellectual property rights and fully owned by EWR, including copyrights and trademarks held by or licensed by EWR. Notwithstanding the Forgoing, the number of Potential Strings and Verified Applied-For Strings in the EWR Platform (“EWR String Numbers”) constitutes EWR Content until the day that ICANN publicly announces all strings applied for in the Next Round (“Reveal Day”) and you may not reveal, publish or disseminate any EWR String Numbers without prior written permission from EWR. Except as expressly provided in the Agreements, no license to use, copy, distribute, republish, transmit or otherwise exploit any EWR Content is given to you and all intellectual property rights in and to the EWR Content are expressly reserved to EWR. Nothing on the EWR Platform or in the EWR Services should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any EWR trademark or EWR Content without our written permission. Neither the name of EWR nor our logo may be used in any way, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site or the Services unless you obtain our written permission in advance. You shall abide by all additional copyright notices, information, or restrictions contained in any EWR Content accessed through the EWR Services. You may download or copy the EWR Content and other downloadable items displayed on the EWR Services for personal use only, provided that you maintain all copyright and other notices contained therein. YOU ACKNOWLEDGE AND AGREE THAT ANY PUBLICATION OR DISSEMINATION OF EWR STRING NUMBERS BY YOU, YOUR EMPLOYER, OR ANY OF ITS AGENTS REPRESENTATIVES, BEFORE REVEAL DAY (A “NUMBERS LEAK”) WILL CAUSE SIGNIFICANT HARM TO THE VALUE AND INTEGRITY OF THE EWR SERVICES, AND THAT IF A NUMBERS LEAK OCCURS DUE TO YOUR, OR YOUR EMPLOYER’S ACTION OR INACTION, THAT YOU AND YOUR EMPLOYER WILL PAY TO EWR LIQUIDATED DAMAGES IN THE AMOUNT OF $50,000 USD. THE PARTIES FURTHER ACKNOWLEDGE THAT (I) THE AMOUNT OF LOSS OR DAMAGES LIKELY TO BE INCURRED BY EWR AS A RESULT OF A NUMBERS LEAK IS INCAPABLE OR IS DIFFICULT TO PRECISELY ESTIMATE, (II) THE AMOUNTS SPECIFIED HERE BEARS A REASONABLE RELATIONSHIP TO, AND IS NOT PLAINLY OR GROSSLY DISPROPORTIONATE TO, THE PROBABLE LOSS LIKELY TO BE INCURRED BY EWR IN CONNECTION WITH ANY NUMBERS LEAK, (III) ONE OF THE REASONS FOR THE EWR AND YOU REACHING AN AGREEMENT AS TO SUCH AMOUNTS IS THE UNCERTAINTY AND COST OF LITIGATION REGARDING THE QUESTION OF ACTUAL DAMAGES, AND (IV) YOU, YOUR EMPLOYER, AND EWR ARE SOPHISTICATED BUSINESS PARTIES AND HAVE BEEN REPRESENTED BY SOPHISTICATED AND ABLE LEGAL COUNSEL.

    2. EWR User Content. EWR is not responsible for and has no liability to you or any third party for any information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and the selection and arrangements thereof provided any user of the EWR Services either through the EWR Services or otherwise (collectively, “EWR User Content”). EWR is not a publisher of EWR User Content and we are not responsible for its accuracy or legality. Each EWR user has sole responsibility and liability for any EWR User Content the user provides. EWR makes no warranty or representation regarding the accuracy, usefulness, or legality of any EWR User Content. As a user of EWR Services, you grant a non-exclusive, perpetual, irrevocable, sublicensable license to EWR to publicly perform, publish, use, copy, record, modify, alter, edit, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such EWR User Content for any purpose and in any format and make derivative works of any EWR User Content published on or disseminated through the EWR Services and to disseminate and transmit such EWR User Content globally and beyond in any existing or hereinafter developed mediums or technologies.

USER GENERATED CONTENT, FEEDBACK AND SUBMISSIONS

The EWR Services may offer you the opportunity to submit or post information to the EWR Platform or EWR Services, and to share information with other EWR Services users through chat rooms or via social media forums. You agree to use common sense, respect for others, and good judgment when conducting or posting any online communication or distribution of information (see also the “Acceptable Use” section below). Any information submitted to the EWR, including EWR User Content is “Submitted Content.” You are solely responsible for your Submitted Content. EWR is not a publisher of Submitted Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Submitted Content.

Your Representations. By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, EWR Services, and materials have been used in the Submitted Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.

License to Submitted Content. By posting Submitted Content to any part of the EWR Services you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, record, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the EWR Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorize sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorize us to use Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.

Rules Regarding Submitting Content. By using our EWR Services, you agree not to post any Submitted Content that you know is incorrect or not current. You further agree not to post Submitted Content or take any action that creates liability for us in any manner whatsoever; violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct; scans or tests the vulnerability or security of our EWR Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our EWR Services; contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law; advertises the products or EWR Services of others or contains links to third-party web sites or solicits business for products or EWR Services other than those that are offered and promoted on the EWR Services; contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our EWR Services or our systems and or create or impose a large burden or load on our EWR Services or systems; or that infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.

Our Rights. We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion. You agree that any action or inaction we take to prevent, restrict, redress, or regulate Submitted Content, or to implement other enforcement measures against any Submitted Content, is undertaken voluntarily and in good faith. We may moderate Submitted Content, conduct, and compliance with the Agreements at our discretion, but they do not have any authority to make binding commitments, promises or representations on our behalf. You expressly agree that we shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct or potential or purported violation of the Terms.

  1. PURCHASES

    1. Purchases. If you wish to purchase Risk Scores, String Interest Reports or Contention Avoidance Reports or any products or EWR Services made available through the EWR Platform (each a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and or other financial account information. We may require additional information from you prior to accepting or processing your Purchase at our discretion.

    2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of Purchases, verifying or validating your identity or any other information provided by you, or providing our EWR Services to you.

    3. All Purchases are subject to EWR's acceptance. We reserve the right to refuse or cancel your Purchase at any time for any reason, including but not limited to: product or service availability; we suspect you are purchasing EWR Services for resale without written permission from us; errors in the description or price of the product or service; error in your order or other reasons; or if fraud or an unauthorized or illegal transaction is suspected. Furthermore, we reserve the right to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid EWR Services. All Purchases accepted by EWR are final and non-refundable.

    4. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay all applicable taxes relating to your use of the EWR Services. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes. You shall have no liability for any taxes based upon our gross revenues or net income. All prices are in United States dollars, unless otherwise stated. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged a valid payment method. When you use our EWR Services, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

  2. AVAILABILITY OF SITE & EWR SERVICES

While EWR endeavors to ensure that the EWR Services are available at all times, EWR will not be liable if, for any reason, the EWR Services are unavailable at any time or for any period.

Our EWR Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions. We do not offer a service level or uptime guarantee with our EWR Services.

You may also experience interruptions or issues in accessing our EWR Services for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan. You acknowledge that the availability of our EWR Services is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.

  1. THIRD PARTY LINKS AND SERVICES

The EWR Services may identify, contain links to, or partner with various third party websites or services that are not owned or controlled by EWR including those that provide contention avoidance services that are complimentary to the EWR Services (“Third Party Services”).

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party Services. In addition, EWR will not and cannot censor or edit the content of any Third Party Services. By using the EWR Services, you expressly relieve EWR from any and all liability arising from your use of any Third Party Services. Accordingly, we encourage you to be aware when you leave the EWR Services and to read the terms and conditions and privacy policy of each other website and Third Party Service that you visit.

  1. DISCLAIMER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE EWR SERVICES, THE EWR CONTENT, EWR USER CONTENT, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE EWR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE EWR SERVICES, EWR DOES NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE EWR SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES OR EWR SERVICES, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE EWR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE EWR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE EWR SERVICES AND YOUR USE THEREOF.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EWR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE, THE EWR SERVICES, THE EWR CONTENT, EWR USER CONTENT OR ANY OTHER MATERIALS OR ITEMS ON THE EWR PLATFORM OR LINKED TO BY THE EWR PLATFORM. EWR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE EWR CONTENT, EWR USER CONTENT, OR OTHER MATERIAL OR ITEMS (FOR CLARITY, ON OR OFF THE EWR SERVICES), (II) PERSONAL INJURY, PROPERTY DAMAGE OR INVESTMENT LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EWR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON THE EWR PLATFORM OR EWR SERVICES, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EWR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE EWR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE EWR SERVICES OR ANY OF THE EWR CONTENT OR EWR USER CONTENT, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE EWR PLATFORM OR EWR SERVICES.

  1. LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE EWR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EWR , ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE EWR SERVICES) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF EWR EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE EWR SERVICES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE EWR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE SITE, ANY OTHER MATTER RELATED TO THE EWR SERVICES AND ANY SITES OR EWR SERVICES LINKED TO THE EWR SERVICES, OR THE MATERIAL AVAILABLE THROUGH SUCH EWR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE EWR SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR EWR SERVICES OR ANY SITES OR EWR SERVICES LINKED TO THE EWR PLATFORM OR EWR SERVICES.

YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE EWR SERVICES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE EWR SERVICES. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL EWR, ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THE EWR SERVICES BE LIABLE FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF THE EWR SERVICES OR $100, WHICHEVER IS LESS.

  1. INDEMNIFICATION

To the extent permitted under applicable law, you will indemnify and hold EWR and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the EWR Platform or EWR Service or any content or information available through the EWR Services, or any violation of the Agreements and/or the terms and conditions that are applicable to your use of third-party sites.

  1. DISPUTE RESOLUTION, ARBITRATION, GOVERNING LAW AND JURISDICTION

13.1 Dispute Resolution Generally. By using, making a purchase through, or otherwise interacting with the EWR Services, you agree to that to the extent permissible by applicable law: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Site, or any goods or EWR Services purchased through the EWR Platform or otherwise, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.

13.2 Arbitration. For users of the EWR Services that reside in North America, if we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to this Section 13, then either party may initiate binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, EWR will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor EWR shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.

13.3 Class Action and Class Arbitration Waiver. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT USE THE EWR SERVICES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

13.4 Waiver of Jury Trial. BY USING, MAKING A PURCHASE THROUGH OR OTHERWISE INTERACTING WITH THE EWR SERVICES, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU FURTHER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Site WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13.5 Governing Law & Jurisdiction. All disputes in connection with the EWR Services and any purchases made through the EWR Platform, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the State of Delaware in the state or federal courts in Wilmington. Delaware, and you consent to the exclusive jurisdiction of such courts.

Moreover, to the extent that the arbitration provisions set forth in this Section 13 of the Terms do not apply, or if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 13, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Wilmington, Delaware (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the State of Delaware for any litigation other than small claims court actions. In the event of relating to these Terms or the Site, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

13.6 Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

13.7 Exception – California Privacy Attorney Generals Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

13.8 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section of these Terms by sending written notice of your decision to opt-out by emailing us at info@earlywarning.report. The notice must be sent within thirty (30) days of accepting these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

  1. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

We take claims of copyright infringement and infringement of other intellectual property seriously and will respond to notices of alleged copyright infringement and other types of infringement that comply with applicable law. If you believe any materials accessible on or from the EWR Services infringes your intellectual property rights, you may request removal of those materials from the EWR Services by complying with the steps below.

To report types of intellectual property infringement, please send an email to info@earlywarning.report with all of the following information (a “Notice”):

· Your physical or electronic signature.

· Identification of the intellectual property right you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.

· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).

· A statement that you have a good faith belief that use of the protected material is not authorized by the intellectual property owner, its agent or the law.

· A statement that the information in the written notice is accurate.

· A statement, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the EWR Services.

  1. MISCELLANEOUS

    1. Waiver. The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

    1. Severability. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms constitute the entire agreement between the parties relating to the use of this Site and supersedes and replaces any prior agreement and communication between the parties relating thereto.

    2. Notice to New Jersey Users. Notwithstanding any terms set forth in this Agreement, if any of the provisions set forth in Sections 10, 11, 12, or 13 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you, but the rest of the terms shall remain binding on you and EWR. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

    3. Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

    4. Assignment. We may assign our rights under these Terms without your approval and with or without notice to you.

    5. Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.

  2. CONTACT US

Please contact us at any time if you have any questions about these terms by writing to Early Warning Report LLC, 21379 SW Langer Farms Parkway, Sherwood, OR 97140 or email us at info@earlywarning.report.