Terms of Service

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below)

constitutes your consent to this Agreement.

This Agreement is between you and The Man/Kind Project Incorporated (“Company” or “we” or “us”)

concerning your use of (including any access to) The Man/Kind Project DREAM site currently located at

http://www.mankinddream.com (together with any materials and services available therein, and successor

site(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and

conditions posted by Company through the Site, or otherwise made available to you by Company.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS

AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN

CONSENT TO ENTER INTO THIS AGREEMENT.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE

BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE

ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON

BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT

YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.

References to “you” and “your” in this Agreement will refer to both the individual using the Site and to

any such Organization. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION

THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON

AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER

COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

1. Changes. We may change this Agreement from time to time by notifying you of such changes by any

reasonable means, including by posting a revised Agreement through the Site. Any such changes will not

apply to any dispute between you and us arising prior to the date on which we posted the revised

Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such

changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at

any time and without liability, modify or discontinue all or part of the Site (including access to the Site via

any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to

some or all Site users.

2. Information Submitted Through the Site. Your submission of information through the Site is

governed by Company’s Privacy Policy, located at [URL] (the “Privacy Policy”). You represent and

warrant that any information you provide in connection with the Site is and will remain accurate and

complete, and that you will maintain and update such information as needed.

Commented [KJ1]: Note to Man/Kind: Please populate with

the URL containing the Privacy Policy.

3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not

intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or

available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must

comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at

any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

4. Rules of Conduct. In connection with the Site, you must not:

? Post, transmit or otherwise make available through or in connection with the Site any materials

that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise

fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise

tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by

without the express prior written consent of the applicable owner.

? Post, transmit or otherwise make available through or in connection with the Site any virus,

worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program

that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or

to monitor the use of, any hardware, software or equipment (each, a “Virus”).

? Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise

tortious or unlawful.

? Harvest or collect information about users of the Site.

? Interfere with or disrupt the operation of the Site or the servers or networks used to make the

Site available, including by hacking or defacing any portion of the Site; or violate any

requirement, procedure or policy of such servers or networks.

? Restrict or inhibit any other person from using the Site.

? Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare,

distribute or otherwise exploit any portion of (or any use of) the Site except as expressly

authorized herein, without Company’s express prior written consent.

? Reverse engineer, decompile or disassemble any portion of the Site, except where such

restriction is expressly prohibited by applicable law.

? Remove any copyright, trademark or other proprietary rights notice from the Site.

? Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any

product or service, without Company’s express prior written consent.

? Systematically download and store Site content.

? Use any robot, spider, site search/retrieval application or other manual or automatic device to

retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or

circumvent the navigational structure or presentation of the Site, without Company’s express

prior written consent. [Notwithstanding the foregoing, and subject to compliance with any

instructions posted in the robots.txt file located in the Site’s root directory, Company grants to

the operators of public search engines permission to use spiders to copy materials from the Site

for the sole purpose of (and solely to the extent necessary for) creating publicly available,

searchable indices of such materials, but not caches or archives of such materials. Company

reserves the right to revoke such permission either generally or in specific cases, at any time and

without notice.]

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications

and other services needed to use the Site.

5. Products. The Site may make available listings, descriptions and images of goods or services or

related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such

Products may be made available by Company or by third parties, and may be made available for any

purpose, including general information purposes. The availability through the Site of any listing,

description or image of a Product does not imply our endorsement of such Product or affiliation with the

provider of such Product. We make no representations as to the completeness, accuracy, reliability,

validity or timeliness of such listings, descriptions or images (including any features, specifications and

prices contained therein). Such information and the availability of any Product (including the validity of

any coupon or discount) are subject to change at any time without notice. Certain weights, measures and

similar descriptions are approximate and are for convenience only. We make reasonable efforts to

accurately display the attributes of Products, including the applicable colors, however the actual colors

you see will depend on your computer system, and we cannot guarantee that your computer will

accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state,

federal and foreign laws (including minimum age requirements) regarding the purchase, possession and

use of any Product.

6. Transactions. We may make available the ability to purchase or otherwise obtain certain Products

through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain

relevant information, such as your credit card number and its expiration date, your billing address and

your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE

ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such

information, you grant to us the right to provide such information to third parties for purposes of

facilitating Transactions. Verification of information may be required prior to the acknowledgment or

completion of any Transaction. By making a Transaction, you represent that the applicable Products will

be used only in a lawful manner.

Company reserves the right, including without prior notice, to limit the available quantity of or

discontinue making available any Product; to impose conditions on the honoring of any coupon, discount

or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with

any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange

policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in

effect when such charges are incurred, including all shipping and handling charges. In addition, you are

responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email,

the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our

confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is

complete and complies with the shipping restrictions contained on the Site. All Transactions are made

pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon

delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged

and/or lost shipments.

7. Registration; User Names and Passwords. You may need to register to use all or part of the Site.

We may reject, or require that you change, any user name, password or other information that you provide

to us in registering. Your user name and password are for your personal use only and should be kept

confidential; you, and not Company, are responsible for any use or misuse of your user name or password,

and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or

password, or your Site account.

8. Profiles and Forums. Site visitors may make available certain materials (each, a “Submission”)

through or in connection with the Site, including through video and audio submissions or on any

interactive services on the Site, such as commenting or liking. Company has no control over and is not

responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU

CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION

PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

9. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you

hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable,

transferable and fully sublicensable (through multiple tiers) license, without additional consideration to

you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create

derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission (including

your image, likeness, voice, statements and other identifying characteristics captured within), in whole or

in part, in any format or media now known or hereafter developed, and for any purpose (including

promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”),

whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby

acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback

is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or

other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section,

including the consent of any other individual that may appear or be audible in the Submission to the terms

and conditions herein, and that your Submissions, and your provision thereof through and in connection

with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any

applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other

rights with respect to attribution of authorship or integrity of materials regarding each Submission that

you may have under any applicable law under any legal theory.

Upon making a Submission, you hereby irrevocably waive any right you may have to inspect or approve

the use or other exploitation of any Submission or any reproductions thereof, and you agree that we have

no obligation to use any Submission or otherwise exercise any of the rights granted to us with respect to

your Submission.

Your Submissions may be made available to the public, and third parties may retain, use or distribute such

Submissions. Once made available to the public, we hashave no control over, and are not responsible for,

any use or misuse (including any distribution) by any third party of Submissions.

IN CONNECTION WITH THE USE OR OTHER EXPLOITATION OF SUBMISSIONS, YOU HEREBY IRREVOCABLY

WAIVE AND RELEASE ANY AND ALL CLAIMS WITH RESPECT TO INTELLECTUAL PROPERTY, RIGHTS OF

PUBLICITY, RIGHTS OF PRIVACY, AND ANY OTHER CLAIMS OR DAMAGES WITH RESPECT TO SUCH USE OR

OTHER EXPLOITATION.

10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions

before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose

information regarding your access to and use of the Site, and the circumstances surrounding such access

and use, to anyone for any reason or purpose.

11. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as

you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to

which we provide you access under this Agreement, on any single device, solely for your personal, noncommercial

use.

12. Company’s Proprietary Rights. We and our suppliers own the Site, which is protected by

proprietary rights and laws. All trade names, trademarks, service marks and logos on the Site not owned

by us are the property of their respective owners. You may not use our trade names, trademarks, service

marks or logos in connection with any product or service that is not ours, or in any manner that is likely to

cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade

names, trademarks, service marks or logos without the express prior written consent of the owner.

13. Third Party Materials; Links. Certain Site functionality may make available access to

information, products, services and other materials made available by third parties, including Submissions

(“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials,

including via links. By using such functionality, you are directing us to access, route and transmit to you

the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the

accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of

Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may,

among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to

be a representation or warranty by Company with respect to any Third Party Materials. We have no

obligation to monitor Third Party Materials, and we may block or disable access to any Third Party

Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party

Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such

Third Party Materials, nor does such availability create any legal relationship between you and any such

provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY

ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY

MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH

THIRD PARTY MATERIALS).

14. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively,

“Promotions”) made available through the Site may be governed by rules that are separate from this

Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy

Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

15. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE

LAW: (A) THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE

TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY

WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY

DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS AND THIRD

PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND

(INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE

BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS,

OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND

SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE

SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the

Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted.

The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement.

Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any

such alteration, contact us at [E-MAIL ADDRESS]info@mankinddream.com with a description of such

alteration and its location on the Site.

16. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,

SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT

(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR

LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF

SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY

SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR

LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR

DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR

FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY

BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR

DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP

USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL

DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING

NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY

YOU TO COMPANY TO USE THE SITE AND TEN U.S. DOLLARS (US $10.00). ALL LIMITATIONS OF

LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT)

ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR

RESPECTIVE SUCCESSORS AND ASSIGNS.

17. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and

hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and

against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including

attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site

(including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

18. Termination. This Agreement is effective until terminated. Company may terminate or suspend your

use of the Site at any time and without prior notice, for any or no reason, including if Company believes

that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such

termination or suspension, your right to use the Site will immediately cease, and Company may, without

liability to you or any third party, immediately deactivate or delete your user name, password and

account, Submissions, and all associated materials, without any obligation to provide any further access to

such materials. Sections 2–5, 7–10 and 12–23 shall survive any expiration or termination of this

Agreement.

19. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United

States (including federal arbitration law) and the State of California, U.S.A., without regard to its

principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY

FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT

OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN

CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL

BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR

INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE

EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT

LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF

THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY

OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH

MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN

INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU

ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer

Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at

https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if

any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator

determines upon request by you or by us that an in-person hearing is appropriate. Any in-person

appearances will be held at a location which is reasonably convenient to both parties with due

consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree

on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s

decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have

authority to award temporary, interim or permanent injunctive relief or relief providing for specific

performance of this Agreement, but only to the extent necessary to provide relief warranted by the

individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and

enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this

Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and,

if the law allows, they can seek relief against us for you.

20. Filtering. We hereby notify you that parental control protections (such as computer hardware,

software or filtering services) are commercially available that may assist you in limiting access to

material that is harmful to minors. Information identifying current providers of such protections is

available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.

Please note that Company does not endorse any of the products or services listed on such site.

21. Information or Complaints. If you have a question or complaint regarding the Site, please send an

e-mail to [E-MAIL ADDRESS].info@mankinddream.com. You may also contact us by writing to

[ADDRESS],20929 Ventura Blvd, Ste 47, Woodland Hills, CA 91364, or by calling us at [TELEPHONE

NUMBER]. Please note that e-mail communications will not necessarily be secure; accordingly you

should not include credit card information or other sensitive information in your e-mail correspondence

with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer

Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd.,

Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”)

provides recourse for copyright owners who believe that material appearing on the Internet infringes their

rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe

your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting

that Company remove such material or block access to it. If you believe in good faith that someone has

wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company

a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed

by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in

writing to [COMPANY’S DMCA AGENT NAME] as follows: By mail to [NAME AND MAILING

ADDRESS]; or by e-mail to [E-MAIL ADDRESS]. [COMPANY’S DMCA AGENT NAME] 20929

Ventura Blvd, Ste 47, Woodland Hills, CA 91364; or by e-mail to info@mankinddream.com.

[COMPANY’S DMCA AGENT’S NAME]’s phone number is [PHONE NUMBER].

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

Commented [KJ3]: Note to Man/Kind: Please provide the

bracketed contact information.

Commented [KJ4]: Note to Man/Kind: Please provide the

name / department designated to receive notices regarding

infringement claims, as well as phone number. Also, as a reminder,

we recommend registering the DMCA Agent with the U.S. copyright

office.

23. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint

venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If

any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that

provision will be deemed severable from this Agreement and will not affect the validity and enforceability

of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or

obligations under this Agreement without our express prior written consent. We may assign, transfer or

sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by

either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding

or subsequent breach or default. Any heading, caption or section title contained herein is for convenience

only, and in no way defines or explains any section or provision. All terms defined in the singular shall

have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any

use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the

phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is

the entire agreement between you and Company relating to the subject matter hereof, and supersedes any

and all prior or contemporaneous written or oral agreements or understandings between you and

Company relating to such subject matter. Notices to you (including notices of changes to this Agreement)

may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail.

Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be

admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same

extent and subject to the same conditions as other business documents and records originally generated

and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation

due to any cause beyond its control.