Terms and Conditions

Last updated May 25, 2018

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
10 of Cups Ministries (‘we.’ “us’ or “our’). concerning your access to
and use of the https:ll10ofcupsministries.org 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. We will email you of the changes in any Terms of Use
and you accept these terms 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 sobly responsible for compliance with local laws. if and to the extent
Iocal laws are applicable.

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 without parent permission.

INTELLECTUAL PROPERTY RIGHTS

Your downloads are for you only.

It is illegal to sell or share anything you purchased from 10 of Cups Ministries.

We may delete the accounts of those we find re-selling or sharing our downloads, and in extreme cases, we may take legal action to defend the integrity of 10 of Cups.

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 (collectivety.
the ‘Content”) and the trademarks. service marks. and logos
contained therein (the “Marks’) are owmd or controlbd by us or licensed
to us. and are protected by copyright and trademark laws and
various other intelbctual property rights and unfair competition laws of
the United States. foreign jurisdictions. 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.
republist. uploaded. posted. publicly displayed. encoded. transtated.
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 property gained
access solely for your personal. non-commercial use. We reserve
all rights not expressty 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 mcessary; (3)
you have the legal mpacity and you agree to compty 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 sebct if we determine. in our sole
discretion. that such username is inappropriate. obscene. or
otherwise objectionable.

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 mtrieve 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
userrlames 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 the Site to advertise or offer to sell goods and services.
4. 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.
5. Trick. defraud. or mislead us and otlwr users. especially in any
attempt to learn sensitive account information such as user
passwords.
6. Make improper use of our support services or submit false
reports of abuse or misconduct
7. 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.
8. Interfere with. disrupt. or cmate an undue burden on the
Site or the networks or services conmcted to the Site.
9. Attempt to impersonate anotlwr user or person or use the
usemame of anotlwr user.
10. Use any information obtained from the Site in order to
harass. abuse. or harm another person.
11. Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site. or any portion of the Site.
12. Harass. annoy. intimidate. or threaten any of our employees
or agents engaged in providing any portion of the Site to you.
13. Delete the copyright or other proprietary rights notice
from any Content
14. 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.
15. 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’).
16. Except as may be the result of standard search engine or
lntemet 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.

17. Disparage. tarnish. or otlwrwise harm. in our opinion. us
and/or the Site.
18. Use the Site in a manner inconsistent with any applicable
laws or regulations.

SOCIAL MEDIA

As part of the functionality of the Site. you may link your account
with online accounts you have with third-party service providers (each
such account. a ‘Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account. as is permitted under
the applimble terms and conditions that govern your use of each
Third-Party Account You represent and warrant that you are entitled
to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account. without breach by you of
any of the terms and conditions that govern your use of the
applicable Third-Party Account. and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting
us access to any Third-Party Accounts. you understand that ( 1) we
may access. make available. and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the
“Social Network Content”) so that it is available on and through the
Site via your account. including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts. personally identifiable
information that you post to your Third-Party Accounts may be available
on and through your account on the Site. Please note that if a
Third-Party Account or associated service becomes unavailable or our
access to such Third Party Account is terminated by the third-party
service provider. then Social Network Content may no longer be
available on and through the Site. You will have the ability to
disable the connection between your account on the Site and your Third-
Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS
lS GOVERNED SOLELY BY YOUR AGREEMENT (S) WITH SUCH THIRD-
PARTY SERVICE PROVIDERS. We make no effort to review
any Social Network Content for any purpose. including but not limited to.
for accuracy. legality. or non-infri ngement. and we are not
responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Site. You can
deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below or
through your account settings (if appliwble). We will attempt to
delete any information stored on our servers that was obtained through
such Third-Party Account. except the username and profile
picture that become associated with your account.

SUBMISSIONS

You acknowbdge and agree that any questions. comments.
suggestions. ideas. feedback. or other information regarding the Site
(‘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 othenvise. 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) links to
other websites (Third-Party Websites“) as well as articles. photographs.
text. graphics pictures. designs. music. sound. video. information.
applications. software. and otlwr content or items belonging to or
originating from third parties (“ThirdoParty 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 otherr 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 Thi rd-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 applimble terms and policies. including privacy and
data gathering practices. of any mbsite 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 otlwr 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 hoid us harmless from
any harm causd by your purchase of such products or services.
Additionally. you shall hold us harmless from any losses
sustaimd by you or harm mumd 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 technotogically 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) otlwrwise manage the Site in
a manner designed to protect our rights and promrty and to facilitate
the proper functioning of the Site.

PRIVACY POLICY

We we about data privacy and mcurity. Please review our Privacy
Policy. https:II1oofcupsmlnIstrles.orglprlvacy-pollcy. By using
the Site. you agree to be bound by our Privacy Policy. which is
incorporated into these Terms of Use. Please be advised the Site is
hosted in the United States. If you access the Site from the European
Union. Asia. or any other region of the world with laws or other
mquirements 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. Further. we do
not knowingly accept. request. or solicit information from children or
knowingly market to children. Therefore. in accordance with the
US. Children’s Online Privacy Protection Act. if we receive actual
knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental
consent. we will delete that information from the Site as quickly as
is reasonably practical.

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 RlGHT TO. IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY.
DENY ACCESS TO AND USE OF THE SITE (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 REGULATlON. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE 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 Site 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.

We cannot guarantee the Site will be available at all times. We may
experience hardware. software. or other problems or Md to
perform maintenance related to the Site. resulting in interruptions.
delays. or errors. We reme the right to change. revise. update.
suspend. discontinue. or otherwise modify the Site 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 mused
by your inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply
any corrections. updates. or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed
in accordance with the laws of the Commonwealth of
Massachusetts applicable to agreermnts made and to be entirely performed
within the the Commonwealth of Massachusetts. without
regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations.
the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION. YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under
the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and. where appropriate. the AAA’s Supplermntary
Procedures for Consurmr Related Disputes (“AAA Consumer Rules’).
both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and. where appropriate.
limited by the AAA Consumer Rules. If such costs are determined to
by the arbitrator to be excessive. we will pay all arbitration fees
and expenses. The arbitration may be conducted in person. through
the submission of documents. by phone. or online. The arbitrator
will make a decision in writing. but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law. and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applimble AAA
rules or applimble law. the arbitration will take place in USA County.
MA. Except as otherwise provided herein. the Parties may litigate
in court to compel arbitration. stay proceedings pending arbitration.
or to confirm. modify. vacate. or enter judgment on the award
entered by the arbitrator.

If for any reason. a Dispute proceeds in court rather than arbitration.
the Dispute shall be commenced or pmuted in the state and
federal courts located in USA County. MA. 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
the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any
way to the Site be commenced more than one (1) years after the
cause of action arose. if this provision is found to be illegal or
unenforceable. then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above. and
the Parties agree to submit to the personal jurisdiction of that court
Restrictions

The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law.
(a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-
acticn basis or to utilize class action pmdures; and (c) there is no
right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect. or concerning the validity of. any of
the intellectual property rights of a Party: (b) any Dispute related to. or
arising from. allegations of theft. piracy. invasion of privacy. or
unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable. then neither Party will elect
to arbitrate any Dispute falling within that portion of this provision found
to be ilbgal or unenforceable and such Dispute shall be decided by
a court of competent jurisdiction within the courts listed for
jurisdiction above. and the Parties agree to submit to the personal
jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors.
inaccuracies. or omissions. including descriptions. pricing.
availability. and various other information. We we 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 AND OUR
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 NONoINFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THE 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 STATE
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. mding 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.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site. please contact us at:

10 of Cups Mlnlstrles

5A South Commons

Llnooln, MA 01773

Unlud States

Phone: (781) 775 – 0726