Terms of Service 1

ONLINE TERMS OF SERVICE

Effective as of August 2024

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND

SHOP THE LEWK LTD. (“We” or “Company”). BEFORE ACCESSING OR USING ANY PART OF THE

www.shopthelewk.com WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND

CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (this “TOS”) AS THEY GOVERN

YOUR ACCESS TO AND USE OF THIS COMPANY WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS,

MATERIALS, OR INFORMATION AVAILABLE THROUGH THE COMPANY WEBSITE OR USED IN

CONNECTION THEREWITH (collectively, the or this “Company WebSite”). COMPANY IS WILLING TO

LICENSE AND ALLOW THE USE OF THIS Company WEBSITE ONLY ON THE CONDITION THAT YOU

ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO

NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE

COMPANY WEBSITE AND ARE INSTRUCTED TO EXIT THE COMPANY WEBSITE IMMEDIATELY.

TERMS AND CONDITIONS

1. LICENSE GRANT. The Company WebSite is provided by Company, and this TOS provides to you a

personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the

Company WebSite and any programs, services, tools, materials, or information made available

through or from the Company WebSite conditioned on your continued compliance with the

terms and conditions of this TOS. This TOS permits you to use and access for personal or

business purposes only the Company WebSite (i) on a single laptop, workstation, or computer

and (ii) from the Internet or through an on-line network. You may also load information from

the Company WebSite into your laptop’s, workstation’s, or computer’s temporary memory

(RAM) and print and download materials and information from the Company WebSite solely for

your personal or business use, provided that all hard copies contain all copyright and other

applicable notices contained in such materials and information. If you are using the Company

WebSite on behalf of a company or other form of entity, please note that such a company or

entity may have a separate agreement with Company regarding access and usage privileges for

the Company WebSite, including, without limitation, a member services agreement with

Company. Nevertheless, your personal use of the Company WebSite will be subject to the

obligations and restrictions regarding use of the Company WebSite as set forth in this TOS.

2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce,

transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially

exploit any data provided by Company through the Company WebSite in any manner not

expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create

derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or

alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit,

rent, lease, private label, grant a security interest in, or otherwise use in any manner not

expressly permitted herein the Company WebSite. Moreover, you may not (i) use any “deep

link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or

methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor

any portion of the Company WebSite or in any way reproduce or circumvent the navigational

structure or presentation of the Company WebSite to obtain or attempt to obtain any materials,

documents, or information through any means not purposely made available through the

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Company WebSite, (ii) attempt to gain unauthorized access to any portion or feature of the

Company WebSite, including, without limitation, the account of another Authorized User(s), or

any other systems or networks connected to the Company WebSite or to any Company server or

to any of the services offered on or through the Company WebSite, by hacking, password

“mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability

of the Company WebSite or any network connected to the Company WebSite, nor breach the

security or authentication measures on the Company WebSite or any network connected to the

Company WebSite, (iv) reverse look-up, trace, or seek to trace any information on any other

Authorized User of or visitor to the Company WebSite, (v) take any action that imposes an

unreasonable or disproportionately large load on the infrastructure of the Company WebSite or

Company’s systems or networks or any systems or networks connected to the Company

WebSite, (vi) use any device, software, or routine to interfere with the proper working of the

Company WebSite or any transaction conducted on the Company WebSite, or with any other

person’s use of the Company WebSite, (vii) forge headers, impersonate a person, or otherwise

manipulate identifiers in order to disguise your identity or the origin of any message or

transmittal you send to Company on or through the Company WebSite, (viii) use the Company

WebSite to harvest or collect e- mail addresses or other contact information; (ix) market, co-

brand, private label, separately distribute, resell, or otherwise permit third parties to access and

use the Company WebSite (or any part thereof) without Company express, separate, and prior

written permission, or (x) use the Company WebSite in an unlawful manner or in a manner that

could damage, disparage, or otherwise negatively impact Company.

3. USER OBLIGATIONS. By downloading, accessing, or using the Company WebSite in order to view

our information and materials or submit information of any kind, you represent that you are at

least the legal age of majority and will, at all times, provide true, accurate, current, and

complete information when submitting information or materials on the Company WebSite,

including, without limitation, when you provide information via a Company WebSite registration

or submission form. If you provide any false, inaccurate, untrue, or incomplete information,

Company reserves the right to terminate immediately your access to and use of the Company

WebSite. In addition, you agree to abide by all applicable local, state, national, and international

laws and regulations with respect to your use of the Company WebSite. Without limiting the

generality of the foregoing, you agree that you shall not use nor disclose to any other party in a

manner not permitted by this TOS any personally identifiable information, which you receive or

which is made available from Company in connection with this TOS. This TOS is also expressly

made subject to any applicable export laws, orders, restrictions, or regulations. You shall not

export the Company WebSite (or access thereto) without complying with such laws, orders,

restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet

and access to or transmissions or communications with the Company WebSite is solely at your

own risk. While Company has endeavored to create a secure and reliable Company WebSite,

you should understand that the confidentiality of any communication or material transmitted

to/from the Company WebSite over the Internet or other form of global communication

network cannot be guaranteed. Accordingly, Company is not responsible for the security of any

information transmitted to or from the Company WebSite. You agree to assume all

responsibility concerning activities related to your use of the Company WebSite, including,

providing any support or meeting any requirements of your contracts with third parties,

obtaining and paying for all licenses and costs for third-party software and hardware necessary

for implementation of the Company WebSite, and maintaining and backing up any data. Any

support, training, updates, upgrades, or maintenance of or for the Company WebSite shall only

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be available through the sole discretion of Company or pursuant to the terms and conditions of

a separate written agreement with Company.

4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features

of the Company WebSite, you may provide Company with additional content or information (a

“Posting”). In connection with delivering and providing to Company any such Posting, you

hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable,

royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create

derivative works from, display, modify, reformat, transmit, and otherwise use any such content

or information as necessary in connection with the Company WebSite and Company’s service

obligations in any form, media, or technology now known or later developed for the full term of

any rights that may exist in such content or information. With respect to any such content or

information, you must also obtain at your sole expense all necessary consents, rights,

permissions, and clearances (and provide Company with reasonable proof thereof (if

requested)) required for Company to use such content or information in connection with

Company’s services and the Company WebSite. Notwithstanding the foregoing, you

acknowledge and agree that Company shall not be responsible for any failures, inoperability,

delays, or problems caused by your failure to obtain the necessary rights, clearance or

permission or to provide any necessary content or information for your use of the Company

WebSite in a timely or accurate manner. Moreover, Company assumes no responsibility for the

deletion of or failure to store any content or information.

5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to

membership, receipt of services, participation in a particular program, conference, training, or

seminar, Authorized User registration with the Company WebSite, and/or to other specific

portions or features of the Company WebSite, all of which are made a part of this TOS by this

reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Company

membership benefits until you execute and Company accepts Company’s member services

agreement with Company. You agree to abide by such other notices, terms, and conditions. If

there is a conflict between this TOS and the terms posted for or applicable to a specific portion

of the Company WebSite, the latter terms shall control with respect to your use of that portion

of the Company WebSite. Company’s obligations, if any, with respect to its programs, services,

tools, materials, or information are governed solely by the terms, conditions, notices, and

agreements pursuant to which they are provided, and nothing on this TOS should be construed

to alter such terms, conditions, notices, and agreements.

6. USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas

of the Company WebSite, namely, the Company member area, may require both a user name

and a password. Only one Authorized User can use one user name and password and, thus, one

account. By limiting access, it helps avoid unauthorized usage by other persons or entities

because anyone with knowledge of both your user name and password can gain entry to the

Company WebSite and to your account. Accordingly, by using the Company WebSite, you agree

to consider your user name and password as confidential information and to keep your user

name and password confidential. You also agree not to use another Authorized User’s user

name and password. You will immediately notify Company if you become aware of any loss or

theft of your password or any unauthorized use of your user name and password. Company

cannot and will not be liable for any loss or damage arising from your failure to comply with

these obligations. Company reserves the right to delete or change (with notice) a user name or

password at any time and for any reason.

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7. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain

programs, services, tools, materials, or information of the Company WebSite requires the

submission, use, and dissemination of various personal identifying information. Accordingly, if

you wish to access and use those programs, services, tools, materials, or information of the

Company WebSite, you acknowledge and agree that your use of the Company WebSite will

constitute acceptance of Company’s personal identifying information collection and use

practices. Please see Company’s Privacy Policy for a summary of Company’s personal identifying

information collection and use practices.

8. POSTINGS. This Company WebSite may contain blogs, message boards, comment areas,

questionnaires, chat rooms, and other interactive features where Authorized Users can share

and display certain Postings. To the extent that the Company WebSite contains such

communication forums (collectively, “Forums”), you agree that by using the Company WebSite

you will not post or transmit any of the following materials on the Company WebSite’s Forums:

(a) anything that interferes with or disrupts the Company WebSite or the operation

thereof,

(b) statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or

in any way infringes on the rights of others,

intellectual property rights, trade secrets, or privacy of others,

(d) statements or material that violates other contractual or fiduciary rights, duties, or

agreements,

(e) statements or material that is bigoted, hateful, or racially offensive,

(f) statements or material that encourages criminal conduct or that would give rise to civil

liability or otherwise violates any law or regulation in any jurisdiction,

(g) statements or material that constitutes anti-competitive collaboration and/or antitrust

violations,

(h) statements or material that contains vulgar, obscene, profane, or otherwise

objectionable language or images that typically would not be considered socially or

professionally responsible or appropriate in person,

(i) statements or material that harms minors,

(j) statements or material that impersonates any other person or entity, whether actual or

fictitious, including, without limitation, employees and representatives of Company,

(k) statements or material that misrepresents your affiliation with any entity and/or

Company,

(l) anything that violates the privacy or publicity rights of any other person, including,

without limitation, displaying any personal identifying information of another individual,

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(m) chain letters or pyramid schemes,

(n) statements or material that constitutes junk mail, spam, or unauthorized advertising or

promotional materials,

(o) statements or material that are “off-topic” for a designated Forum, and

(p) files that contain malicious code, viruses, corrupted files, or any other similar software

or programs that may damage the operation of another’s computer, network, or the

Company WebSite.

As Forums are public, the Authorized User experience is enhanced if you follow the foregoing

and following guidelines. Please use netiquette. Please do not post any content or information

of a personal nature, such as video or audio of friends and family. Please be succinct and stay on

topic within a particular Forum. Please remember to respect others and their opinions.

Company encourages open and sincere communication but urges all Authorized Users to

remember that Forums are intended to be a resource for all.

9. PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the

Posting available to Company and a Forum, and you also acknowledge that such Postings are

non-confidential for all purposes and that Company has no control over the extent to which any

idea or information may be used by any party or person once it’s posted or displayed.

Accordingly, notwithstanding this right and license, it is understood that by merely permitting

your information, content, and materials to appear on the Company WebSite, Company has not

become and is not a publisher of such information, content, and materials and is merely

functioning as an intermediary to enable you to provide and display a Posting. Moreover,

Company assumes no responsibility for the deletion of or failure to store any Posting and

recommends that you do not post, display, or transmit any confidential or sensitive information.

10. NO PRE-SCREENING OF POSTINGS. Company is not responsible for screening, policing, editing,

or monitoring your or another Authorized User’s Postings and encourages all of its Authorized

Users to use reasonable discretion and caution in evaluating or reviewing any Posting.

Moreover, and except as provided below with respect to Company’s right and ability to delete

or remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any

opinion or information provided by you or another Authorized User and does not make any

representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or

reliability of any advice, opinion, statement, or other material displayed, uploaded, or

distributed by you or any other Authorized User. Nevertheless, Company reserves the right to

delete or take other action with respect to Postings (or parts thereof) that Company believes in

good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Company or its

products, services, and goodwill. If you violate this TOS, Company may, in its sole discretion,

delete the unacceptable content from your Posting, remove or delete the Posting in its entirety,

issue you a warning, and/or terminate your use of the Company WebSite. Moreover, it is a

policy of Company to take appropriate actions under the Digital Millennium Copyright Act under

U.S. Copyright Law and other applicable intellectual property laws. If you become aware of

Postings that violate these rules regarding acceptable behavior or content, you may contact

Company as provided below.

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11. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Company

WebSite. Accordingly, you expressly acknowledge and agree that Company transfers no

ownership or intellectual property interest or title in and to the Company WebSite to you or

anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork,

computer code (including html code), programs, software, products, information, and

documentation as well as the design, structure, selection, coordination, expression, “look and

feel,” and arrangement of any content contained on or available through the Company WebSite,

unless otherwise indicated, are owned, controlled, and licensed by Company and its successors

and assigns and are protected by law including, but not limited to, United States copyright, trade

secret, patent, and trademark law, as well as other state, national, and international laws and

regulations. Except as expressly provided herein, Company does not grant any express or

implied right to you or any other person under any intellectual or proprietary rights.

Accordingly, your unauthorized use of the Company WebSite may violate intellectual property

or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware

that Company does enforce its intellectual property rights to the fullest extent of the law and, in

particular and without limitation, with respect to illegal use of terms confusingly similar to any

Company WebSite as collective work and/or compilation and in the selection, coordination,

arrangement, and enhancement of the content of the Company WebSite. Any downloadable or

printable programs, directories, databases, information, or materials available through the

Company WebSite and all copyrights, trade secrets, and know-how related thereto, unless

otherwise indicated, are owned by Company. Shop the LEWK, LEWK, the Company logo, and all

other names, logos, and icons identifying Company and its programs, products, and services are

proprietary trademarks of Company, and any use of such marks, including, without limitation, as

domain names, without the express written permission of Company is strictly prohibited. Other

service and entity names mentioned herein may be the trademarks and/or service marks of

their respective owners.

12. FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about

Company’s products or services or the Company WebSite. By transmitting any suggestions,

information, material, or other content (collectively, “feedback”) to Company, you represent

and warrant that such feedback does not infringe or violate the intellectual property or

proprietary rights of any third party (including, without limitation, patents, copyrights, or

trademark rights) and that you have all rights necessary to convey to Company and enable

Company to use such feedback. In addition, any feedback received through the Company

WebSite will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-

exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit,

distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act

on such feedback without additional approval or consideration, in any form, media, or

technology now known or later developed for the full term of any rights that may exist in such

content, and you hereby waive any claim to the contrary.

13. LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other sites on the

World Wide Web for your convenience in locating or accessing related information, products,

and services. These sites have not necessarily been reviewed by Company and are maintained

by third parties over which Company exercises no control. Accordingly, Company expressly

disclaims any responsibility for the content, the materials, the accuracy of the information,

and/or the quality of the products or services provided by, available through, or advertised on

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these third-party Web sites. Moreover, these links do not imply an endorsement with respect to

any third party or any Web site or the products or services provided by any third party.

14. THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the

advertisements of third parties on the Company WebSite and/or feature materials, programs,

products, and services provided by third parties, including, without limitation, Company’s

members. Company makes no representations with respect to, nor does it guarantee or

endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or

correct sequencing of such third-party materials, programs, products, and services or any other

materials, programs, products, and services which such third-party materials, products, and

services may access. Your correspondence or any other dealings with third parties found on the

Company WebSite are solely between you and such third party. Accordingly, Company expressly

disclaims responsibility and liability for all third-party provided materials, programs, products,

and services contained on or accessed through the Company WebSite, and you agree that

Company shall not be responsible for any loss or damage of any sort incurred because of any

such dealings or as the result of the presence of such third parties on the Company WebSite.

15. DISCLAIMER. WHILE COMPANY ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES,

PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS,

SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE COMPANY WEBSITE ARE

PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS,

OR OTHER INACCURACIES. COMPANY IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED

BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE COMPANY WEBSITE. MOREOVER,

COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE COMPANY WEBSITE OR IN

THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE

COMPANY WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF

MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS

AVAILABLE ON THE COMPANY WEBSITE. COMPANY MAKES NO REPRESENTATIONS OR

WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY,

COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION,

SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE COMPANY WEBSITE FOR ANY

PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,

WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM

COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. COMPANY ALSO

MAKES NO REPRESENTATION OR WARRANTY THAT THE COMPANY WEBSITE WILL OPERATE

ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT

YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR

DESTRUCTIVE FEATURES.

16. LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm

resulting from a cause beyond Company’s control, including, but not limited to, failure of

electronic or mechanical equipment or communication lines, telephone or other connection

problems, computer viruses, unauthorized access, theft, operator errors, severe weather,

earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental

restrictions. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT,

PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY

WAY CONNECTED WITH THE USE OF THE COMPANY WEBSITE, WITH THE DELAY OR INABILITY TO

USE THE COMPANY WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS,

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AND MATERIALS AVAILABLE THROUGH THE COMPANY WEBSITE, WHETHER BASED IN

CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL

LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE COMPANY

WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION

WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

17. INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all

of their respective employees, agents, directors, officers, shareholders, attorneys, successors,

and assigns from and against any and all claims, proceedings, damages, injuries, liabilities,

losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses)

relating to or arising from any breach by you of this TOS.

18. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you

discover or are notified of a breach or potential breach of security with respect to any personally

identifiable information provided or made available by Company, you shall immediately (i)

notify Company of such breach or such potential breach and (ii) if the applicable data was in

your possession or control, including, without limitation, in instances where such possession or

control was permitted by this TOS at the time of such breach or potential breach, you shall

immediately (a) investigate such breach or such potential breach, (b) inform Company of the

results of such investigation, (c) assist Company using commercially reasonable efforts in

maintaining the confidentiality of such information, and (d) assist Company as reasonably

necessary to enforce Company’s rights and to enable Company to comply with any state or

federal law requiring the provision of notice of any security breach with respect to any

personally identifiable information of the affected or impacted data subjects.

19. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in

accordance with the laws of the Province of Alberta. You and Company each agree to submit to

exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the

Province of Alberta for any disputes between us under or arising out of this TOS. You also agree

to waive any right to a jury trial in connection with any action or litigation in any way arising out

of or related to this TOS and acknowledge that either party may seek attorney’s fees in any

proceeding. Any claim you might have against Company must be brought within two (2) years

after the cause of action arises, or such claim or cause of action is barred. Company makes no

representation that the Company WebSite is appropriate or available for use in other locations

outside the Province of Alberta and access to the Company WebSite from sates, territories, or

nations where any aspect of the Company WebSite is illegal is prohibited. You access the

Company WebSite on your own volition and are responsible for compliance with all applicable

local laws with respect to your access and use of the Company WebSite. A printed version of this

TOS and of any related notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to this TOS to the same extent and subject to

the same conditions as other business documents and records originally generated and

maintained in printed form. Please contact Company if you wish to receive a printed copy of this

TOS.

20. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Company

WebSite may result in criminal and/or civil prosecution. Company reserves the right to view,

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monitor, and record activity on the Company WebSite without notice or permission from you,

including, without limitation, by archiving notices or communications sent by you through the

Company WebSite. Any information obtained by monitoring, reviewing, or recording is subject

to review by law enforcement organizations in connection with investigation or prosecution of

possible criminal or unlawful activity on the Company WebSite as well as to disclosures required

by or under applicable law or related government agency actions. Company will also comply

with all court orders involving requests for such information. In addition to the foregoing,

Company reserves the right, at any time and without notice, to modify, suspend, terminate, or

interrupt operation of or access to the Company WebSite, or any portion of the Company

WebSite, to protect the Company WebSite, Company, or Company’s business.

21. TERM AND TERMINATION. This TOS and your right to use the Company WebSite will take effect

at the moment you click “I ACCEPT” or you install, access, or use the Company WebSite and is

effective until terminated as set forth below. This TOS will terminate automatically if you click “I

REJECT”. In addition, Company reserves the right at any time and on reasonable grounds, which

shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or

actions or omissions that violate any term or condition of this TOS, to deny your access to the

Company WebSite or to any portion thereof in order to protect its name and goodwill, its

business, and/or other Authorized Users, and this TOS will also terminate automatically if you

fail to comply with this TOS, subject to the survival rights of certain provisions identified below.

Termination will be effective without notice. You may also terminate this TOS at any time by

ceasing to use the Company WebSite, but all applicable provisions of this TOS will survive

termination, as identified below. Upon termination, you must destroy all copies of any aspect of

the Company WebSite in your possession. In addition to the miscellaneous section below, the

provisions concerning Company’s proprietary rights, feedback, indemnity, disclaimers of

warranty, limitation of liability, and governing law will survive the termination of this TOS for

any reason.

22. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause

irreparable injury to Company, such injury would not be quantifiable in monetary damages, and

Company would not have an adequate remedy at law. You therefore agree that Company shall

be entitled, in addition to other available remedies, to seek and be awarded an injunction or

other appropriate equitable relief from a court of competent jurisdiction restraining any breach,

threatened or actual, of your obligations under any provision of this TOS. Accordingly, you

hereby waive any requirement that Company post any bond or other security in the event any

injunctive or equitable relief is sought by or awarded to Company to enforce any provision of

this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as

Company’s licensors. Accordingly, this TOS is personal to you, and you may not assign your

rights or obligations to any other person or entity without Company’s prior written consent.

Failure by Company to insist on strict performance of any of the terms and conditions of this

TOS will not operate as a waiver by Company of that or any subsequent default or failure of

performance. If any provision (or part thereof) contained in this TOS is determined to be void,

invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a

conflict with an applicable government regulation, such determination shall not affect the

remaining provisions (or parts thereof) contained herein and the illegal, invalid, or

unenforceable clause shall be modified in compliance with applicable law in a manner that most

closely matches the intent of the original language. No joint venture, partnership, employment,

or agency relationship exists between you and Company as result of this TOS or your utilization

of the Company WebSite. Headings herein are for convenience only. This TOS, along with the

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Company’s Privacy Policy, represents the entire agreement between you and Company with

respect to use of the Company WebSite, and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral, or written between you and Company

with respect to the Company WebSite.