Website Terms & Conditions

Last updated August 1, 2022

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Bin Bath, LLC ("Company", “we”, “us”, or
“our”), concerning your access to and use of the http://www.binbath.com website as well as any
other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may
not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will
be true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3) you have the legal capacity
and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in
which you reside; (5) you will not access the Site through automated or non-human means,
whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site will not violate any applicable law or
regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and
details of the products available on the Site. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate, complete, reliable, current,
or free of other errors, and your electronic display may not accurately reflect the actual colors
and details of the products. All products are subject to availability, and we cannot guarantee that
items will be in stock. We reserve the right to discontinue any products at any time for any
reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept credit cards, and other forms of digital payment. You agree to provide current,
complete, and accurate purchase and account information for all purchases made via the Site.
You further agree to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your transactions
and contact you as needed. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. If your order is subject to recurring charges, then you consent
to our charging your payment method on a recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel the applicable order. We reserve the right
to correct any errors or mistakes in pricing, even if we have already requested or received
payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.

RETURN/REFUNDS POLICY

All sales are final and no refund will be issued.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
2.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
3.  Use a buying agent or purchasing agent to make purchases on the Site.
4.  Use the Site to advertise or offer to sell goods and services.
5.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the
use of the Site and/or the Content contained therein.
6.  Engage in unauthorized framing of or linking to the Site.
7.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
8.  Make improper use of our support services or submit false reports of abuse or misconduct.
9.  Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
10.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
11.  Attempt to impersonate another user or person or use the username of another user.
12.  Sell or otherwise transfer your profile.
13.  Use any information obtained from the Site in order to harass, abuse, or harm another
person.
14.  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
15.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Site.
16.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site,
or any portion of the Site.
17.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
18.  Delete the copyright or other proprietary rights notice from any Content.
19.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
20.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
21.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22.  Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,

cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you create or make available any Contributions,
you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights
of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from
anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision
of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or suspension of your rights to
use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you
must comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual orientation,
or disability; (4) your reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable
or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or
the views of any of our affiliates or partners. We do not assume liability for any review or for
any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant
to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to
us are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to
other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content"). Such Third-
Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party
Websites accessed through the Site or any Third-Party Content posted on, available through, or
installed from the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-
Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-
Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware these Terms of
Use no longer govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you make through Third-
Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from any harm caused
by your purchase of such products or services. Additionally, you shall hold us harmless from any
losses sustained by you or harm caused to you relating to or resulting in any way from any Third-
Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms of Use, including without limitation, reporting such user to law enforcement

authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.

We care about data privacy and security. By using the Site or the Marketplace Offerings, you
agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these
Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United
States. If you access the Site or the Marketplace Offerings from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the Site or the Marketplace
Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We
may experience hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any
time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the Site or the
Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace
Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in
connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and
construed in accordance with the laws of the State of Ohio applicable to agreements made and to
be entirely performed within the State of Ohio, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and
individually, a "Party") shall be commenced or prosecuted in the state and federal courts located
in Cuyahoga County, Ohio, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA)
are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought
by either Party related in any way to the Site be commenced more than one (1) years after the
cause of action arose.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time,
without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE

LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX
(6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3)
any breach of your representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original

signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to
the Site constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.