Terms of Use

TERMS OF USE

Welcome to the Lunker website, loc ated at: www.lunkerpty.com (the “ Site ”), and operated by Lunker ( “ KF ”, “ Company ”, “ we ” or “ us ”). The following terms and conditions ( the “ Terms ”) govern your access to , and use of , all or part of this Site .

By accessing, viewing, downloading or otherwise using the content, materials, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound, both on your behalf and on behalf of the company you represent (collectively, “ you ”), by these Terms and our Global Privacy Policy , which is incorporated into these Terms by reference as if fully set forth he rein. Further, you represent and warrant that you have the authority to use the Site in accordance with its Te rms, and to the extent you act on behalf of your company, to bind your company to these Terms. You furthe r certify that you have reached the age of majority in the jurisdiction where you reside, or are older, or that you have the permission of a legal guardian (e.g., a parent) to use the S ite. You understand and agree that your use of the Site or any content, s ervices or features made available on or through the Site (collectively, the “ Services ”), signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, you are not gra nted permission to use the Site and must exit and discontinue your use of it immediately.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUS E. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHIL E YOU MAY STILL PURSUE CLAIMS AGAINST COMPANY, YOU AR E AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

If you have any questions concerning these Ter ms or wish to exercise your rights as described below, please contact KF at https:// www.lunkerpty.com /contact

1. License to Use the Site

Subject to these Terms , Company hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site sole ly for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appr opriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, a ll software and other materials, including the Site, made available to you are the copyrighted work of Company or its licensors. Copying or distributing the Site or the Site Content (as defined below ) is expressly prohibited.

2. Registration

In order to access the Services, you may be asked to register and create an account. As part of the registration process, you may be asked to click that you agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide Company with certain information about yourself, including some types of personally identifiable inf ormation, such as your legal name, phone number, physical address, and email address, as well as information related t o your employer or the company on whose behalf you are using the Site. You represent that the personal information you provide to Company via the Site is true, valid, complete, and up-to-date in all respects. Should any of the information you provide on the Site c hange, please login to your account and update such information directly on the Site. Any personal i nformation that you provide to Company via the Site or that Lunker processes is subject to our Global Privacy Policy . For information on the cookies used on our Site , refer to our Cookie Policy .

You are responsible for ensuring that your passw ord and account login are kept secret, safe, and secure at all times. You are solely responsible for any and all activities which occur under your a ccount. Company will not be held responsible or liable f or any misuse of your account, including without limitation, in the event that a third party has access to and uses your p assword and account login in any way. In the event that your username or account login is used without your consent or that you discover an y other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shuttin g down your account after you have notified us.

Company has the right to disable any user name, account login, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our o pinion, you have violated any provision of these T erms.

3. Billing and Payment Processor

To the extent products or services are made available for purchase through the Site, Company uses a third-party payment processor to proc ess credit card transactions made through the Site. If you purchase products from Company or make any payments via the Site with your credit card, the credit card information that you submit to Company will be protected by encryption, such as with the Secure Socket Layer (" SSL ") protocol. Encryption decreases the likelihood that your credit card information will be stolen or i ntercepted during transmission to Company. You are responsible for all charges incurred under your account, whether m ade by you or another person using your account.

4. General Restrictions on Use

You agree to use the Site and t he Services only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Site and Services as authorized in th ese Terms and for no other purposes.

You will not (and will not attempt to): (a) access the Site by any m eans other than through the interfaces that are provided by Company; (b) gain unauthorized access to Company’s computer system or engage in any act ivity that interferes with the performance of, or impairs the functionality or security of the Site or Company’s networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engine s, such as Google or Bing; (d) access or collect any personally identifiable information, includi ng any names, email addresses or other such information for any purpose, includ ing, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell , trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promoti onal materials, “junk mail,” “spam,” “chain letters ,” “ pyramid schemes ,” “ phishing ,” or any other form of solicitation , including the solicitation of users to become subscribers of other onl ine information services competitive with Company; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity.

5. Intellectual Property

As between you and Company, Company owns all patent, copyright, trademark , trade secret, ideas, concepts, know- how, documentation or techniques or other intellectual property rights that may exist in (a) the Services, the Site, any graphics, texts, icons, buttons, data or information we include in the Site, and any product s, training materials, deliverables, and the Company network or databases that may be utilized to provide the services (“ Site Content ”), and (b) any information, data, trends, analyses, metadata or other data which may be derived from any of the foregoing that is derived or created by Company by reference to the Services and Company’s databases and network. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notic e on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing o n the Site are proprietary to Company or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal an d state trademark law. Under no circumstances will you have any rights of a ny kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contri bute text, images, data, and other information and materials to the Site for access, use, viewing, and commentary by other users of the Site, and/or Company (collectively, “ User Content ”). By posting User Content to the Site or otherwise s ubmitting User Content to Company, you represent that you have the full legal right to provide the User Content and that use of the User Content by Company and all other persons and entities, on the Site, and/or in accordance with this section, will not: (a) infringe any intellectual property

rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post person ally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, pro mote physical harm, or injury against any group or individual; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherw ise imply an affiliation with a person or entity, or include any falsified, compo site, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that con tains softw are viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality o f any computer software or hardware or telecommunications equipment; (f) be ob scene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misa ppropriation of any trade secret or know-how; or (i) constitute disclosure of any confident ial information owned by any third party, all as determined by Company in our sole and absolute discretion. Upon your submission of User Conte nt or other material or information to Company, you grant Company a worldwide, perpetual, irrevocable, tr ansferable, license to access, use, distribute, reproduce, display, modify, translate, create derivative works based upon, and sublicense the Use r Content, all without any compensation to you whatsoever. Further, you waive all m oral rights in and to all User Content that you post or otherwise submit to Company in favor of Company and any other persons we authorize to use such User Content. For the avoidance o f doubt, Company shall be under no obligation to: (1) maintain any User Content in confidence; (2) compensate you in any way for your User Content; or (3) r espond to any User Content.

No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserve d by Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, tradema rk and other laws.

Company expressly reserves the right to remov e any information or materials posted or transmitted for any reason or for no reason. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted by or sent by users.

6. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typograp hical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to c orrect any errors, inaccuracies or omissions and to change or u pdate information or cancel orders if any information on the Site is inaccurate at any time with out prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Content, or the Si te, including information submitted in connection with the Site Content or other features at anytime, with or without notice in our sole discretion.

7. Monitoring and Enforcement; Termination

Company has the right to: (a) take ap propriate legal action, including without limitation, referral to law enforcement, for any illegal or unaut horized use of the Site; and (b) terminate or suspend your access to all or part of the Site for any or no reason, including without limitat ion, any violation or suspected violation of these Terms. Without limiting the foregoing, Company has the right to fully cooperate with any l aw enforcement authorities or court order requesting or directing us to disclose the identity or other inf ormation of anyone providing information on or through the Site. You waive and will hold harmless Company and its affiliates, licensees and services providers, fr om any claims resulting from any action taken b y Company or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by s uch parties or law enforcement authorities.

8. Disclaimers and Warranties

COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT P ERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES: (A) THAT THE SITE, SITE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED OR DISPLAYED ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THAT THE SITE WILL BE UNINTERRUPTE D, TIMELY, SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECT ED; (C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE, SITE CONTENT, SERVICES, OR PRODUCTS WILL BE CORRECTED; AND (D) REGARDING THE SITE, USER CONTENT, SITE CONTENT, SERVICES, PRODUCTS, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTIES OR USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANT Y NOT EXPRESSLY STATED IN THESE TERMS.

You acknowledge and agree that any and all representations, promises, warranties or statements by Company’s sales person, representative or agent that differ in any way from the terms hereof shall be given no force or effect. I f

Company furnishes you with any advice or assistance concerning any services, products, subscriptions, or systems which is not required pursuant to these Terms, the furnishing o f such advice or assistance shall not subject Company to any liability whatsoever to you, whether in contract, in tort (inclu ding negligence), under warranty or otherwise.

YOUR USE OF THE SITE IS AT YOUR OWN RISK . THE SITE IS PROVIDED ON AN “ AS IS ” AND “ WITH ALL FAULTS ” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH CO MPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SITE, USER CONTENT, SITE CONTENT, SERVICES, PRODUCTS, INFOR MATION AND OTHER MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY ONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRE CTED, THAT THE SITE OR SERVICES THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWI SE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXI MUM EXTENT PERMITTED BY LAW.

You understand that the technical processing and transmission of any Site Content and User Content may be transferred unencrypted and involve trans missions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any infor mation sent to or from our Site will be secure during transmission, nor can we guar antee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Company reserves the right to interrupt or discontinue any o r all of the functionalities of the Site. Company assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communication s line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer o nline systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may i nfect, your computer equipment or other property on account of your access to, use of or brow sing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

9. Links to and Features Provided by Third Parties

The Site may contain links or references to other websites or feature service s of third parties for the convenience of

users: (a) in locating information, products, or services that may be of interest; and/or (b) with performing or receiving the services made available through the Site, and complying with any requirement s associated with such transactions. These third-party websites and services may be available on the Site via a link, redirect, plug-in, integrated application, or other technology, and may be recognized automatically by your bro wser. Company does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions yo u conduct or enter into with third parties. Your use of any third-party websites or services is at your own risk, and subjec t to the terms and conditions of such third parties. Company encourages you to r ead the privacy policies and terms of use linked or referenced in connection with third party websites.

10. Service Access

While Company endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if fo r any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system fail ure, maintenance or repair or for reasons beyond our control.

11. Limitation of Liabili ty

IN NO EVENT WILL COMPANY BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN EITHER IN A COURT OF LAW OR THROUGH ARBITRATION. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE PRICE YOU PAID FOR SERVICES OR PRODUCTS THAT IS THE S UBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENF ORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COMPANY AND ITS LICENSORS SHALL NOT EXCEED TEN US DOLLARS.

IN AS MUCH AS PERMITTED BY LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, COMPANY AND THEIR AFFILIATES, SUBSIDIARIES AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF T HEM, EXCLUDE ALL LIABILITY AND

RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; (B) THE SITE, USER CONTENT, OR SITE CONTENT IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LI NKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR U SE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABI LITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE F AIL OF THEIR ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

12. Indemnity

You agree to defend, indemnify, and hold harmless Company, its parents, subsidiaries, of ficers, directors, shareholders, members, employees, agents, affili ates, licensors and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Site and Services; (b) your violation of any of these Te rms, including the Privacy Policy; (c) your fraud, violation of law, negligence, or willful misconduct; (d) your violation of any third party righ ts, including intellectual property or privacy rights; and (e) the use of the Site by any person using your account or account login. This defense and indemnification obligation will surviv e the termination or cessation of these Terms and your use of the Site. Company reserves the right, at Company’s own expens e, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasona ble respects in such defense. You may not settle any claim that is referenced or otherwise covered by this Section 12 without t he prior written consent of Com pany.

13. Compliance with Legal and Regulatory Requirements

You represent and warrant that you: (a) will comply with all applicable legal and regulatory requirements of any governmental or supranational body with jurisdiction over these Terms or either party, which i nclude: (i) anti-bribery, anti-corruption, and anti-money laundering laws and regulations, and (ii) international trade laws and regulations, including those of the US, EU, UK, and UN (“ Sanctions ”); (b) you are not (and to the extent you act on behalf of your company, your company is not) a target of Sanctions; (c) to the extent that you act on beh alf of your company, your company is not owned or controlled by any person or entity that is a target of Sanctions; and (d) you are not (and to the extent you acton behalf of your c ompany, your company is not) located in a jurisdiction that is a target of Sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea Region of the Ukraine) (“ Sanctioned Jurisdiction ”). You further represent and warrant that you will not (and to the extent you act on behalf of your company, your company will not) transfer, provide access, or use the Si te and Services (including tools and intellectual property) to or for the benefit of any Specially Designated National and Blocked Person (as designate d by the U.S. Department of the Treasury’s Office of Foreign Assets Control), to or in any Sanctioned Jur isdiction, or to any other party if such transfer, access, or use would constitute a violation of Sanction s.

14. Arbitration

You and Company agree that any disputes arising from or relating to these Ter ms or your use of the Site and/or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and bi nding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $2 50,000 USD, three (3) arbitrators shall be used. Any dispute arisin g out of these Terms shall be resolved exclusively through final and binding arbit ration conducted by the American Arbitration Association (the “ AAA ”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a ju dge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an i ndividual basis that a court can award to an individual; and an arbitra tor must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Los Angeles, California, unless Company elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of t he State of California. The arbitrator shall not be bound by rulings in prior arbitrations involving different Company users, but is bound by ruli ngs in prior arbitrations involving the same Comp any user to the extent required by applicable law. The arbitrator’s award shall be

final and binding, and judgment on the award rendered b y the arbitrator may be entered in any court having jurisdiction thereof . This clause shall not preclude parties fro m seeking provisional remedies in aid of arbitration from a court o f appropriate jurisdic tion.

You acknowledge and agree that you and Company are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your rig ht to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise p reside over any form of any class or representative proce eding.

In the event this Section 14 is held unenforceable, then the entirety of this Section 14 will be deemed void . Except as provided in the preceding sentence, this Section 14 wil l survive termination of the Terms and your use of the Site.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief i n a court of competent jurisdiction to preven t the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or othe r intellectual property rights.

15. Governing Law and Jurisd iction

All matters relating to the Site, the Services, and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Californi a without giving effect to its choice or conflict of law provisions or rules.

Subject to the arbitration requirements set fort h herein, to the extent that any legal suit, action or proceeding arises out of, or relates to, these Terms, the Pr ivacy Policy, the Site, or the Services, such suit shall be instituted exclusively in the U.S. District Court for the Central District of Californi a or the Superior Court of Los Angeles County, California. You waive any objection to the exercise of jurisdiction over you by such courts and to ve nue in such courts.

16. Operation of the Site and United States Law

The Site is controlled and operated from within the United States. Without limiting anything else, Company makes no representation that the Site, Site Content, services, products, informati on, or other materials available on, in, or through the Site is appropriate or available for use out side the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance wit h applicable laws.

17. Notice of Infringing Content

While we are under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and

absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her U ser Content, if a complaint or notice of al legedly infringing materials is received with respect to the User Content, or for

any other reason.

To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the contact information provided above.

18. Miscellaneous

These Terms, including the Privacy Poli cy, constitute the entire legal agreement between you and Company regarding the Site and govern your u se of the Site, Services, and any transactions you may have with Company through the Site. These Terms completely replace and supersede any prior agreement or und erstanding, arrangement, undertaking, or pro posal, written or oral, between you and Company regarding these matters. In the event any other rule, code o f conduct, or other matter posted on the Site conflicts with these Terms, thes e Terms shall govern. No oral explanation or oral information given by any party shall alter the interpr etation of these Terms.

You understand that Company may make changes to these Terms from time to ti me. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Company will make a new copy of the Terms available on the Site. You agree that Company is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for change s.

You agree that any fai lure or delay by Company to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Company has the benefit of under any applicable law) will not betaken to be a formal waiver of Company’s rights and that t hose rights or remedies will still be available to Company. If any court of law, having the jurisdiction to decide a matter arising out of t hese Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforcea ble.

You hereby acknowledge and agree that we res erve the right at any time to modify or discontinue the whole, or any part of, the Site and th e Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

These Terms are binding upon you, your heirs, execut ors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may b e withheld in our sole and absolute discretion.

Last Updated: May 12, 2020