Almased Terms of Use Welcome to almased.com. The Almased Site (the “Site”) is operated and provided by Almased USA, Inc. (“Almased” or “we” and “us”). By accessing or using our Site, you (“you” or the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Terms”), whether or not you are a registered member of Site. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the Almased Site. We may change our Terms of Use from time to time. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by any future Terms of Use, do not continue to access the Site. Eligibility The Site is intended solely for users who are 13 years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized. Privacy Please see our Privacy Policy for information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site. User Content You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you upload, publish, or display on or through the Site, or transmit to or share with other users (“User Content”). By posting User Content to any part of the Site, you automatically grant, to us, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing. You understand and agree that User Content does not necessarily reflect the views of Almased and that Almased does not endorse, or vouch for any such content and if Almased determines in our sole discretion that any User Content is inaccurate, was posted without authorization, or otherwise does or may violate these Terms, Almased reserves the right, at any time, without prior notice and without limiting any and all other rights Almased may have, at law or at equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user’s right to use the Site; and/or (c) use any technological, legal, operational, or other means available to Almased to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user’s registration. Prohibited Content You represent and warrant that your User Content will not contain any material that is false, inaccurate, or misleading, infringes on Almased’s or any third party’s copyright, patent, trademark, trade secret, any other proprietary rights, rights of publicity or privacy, or violates any other law or regulation. You also represent that any goods offered for sale by you are authentic and not counterfeit. Prohibited content also includes that, which, in the sole discretion of Almased, is defamatory, constitutes trade libel or product disparagement, promotes racism, sexism, contains violence, is unlawfully threatening, harassing, contains hate speech, is obscene, or contains pornography. You also represent and warrant that your User Content does not contain any material that contains any computer programming routines such as “spam” or junk mail, “spiders”, viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information. Rules of Conduct Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Proprietary Rights All content on the Site, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, data, databases, compilations, proprietary information, and all copyrightable elements of the Site, and their selection and arrangement (the “Site Content”) (excluding any of your User content ) individually and/or collectively, are the proprietary property of Almased, its users, or its licensors with rights reserved. Except for your User Content, you may not copy, modify, frame, translate, reproduce, republish, download, broadcast, transmit, distribute, perform, display, create derivative works from, or sell any content appearing on or through our Site without the express prior written consent of Almased. Intellectual Property Almased respects the intellectual property of others, and ask our users to do the same. It is important that you post, upload, copy, or otherwise use data and content that you own – and not data and content owned by others. You are fully responsible for the content that you upload. If you post copyrighted content or use trademarks that you do not own, you are responsible for paying the respective owners for license fees, royalties, damages, penalties, attorneys’ fees that may incur, and any other liability or obligation. Claims of Copyright Infringement For our copyright policy, please see our Privacy Policy. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Almased’s designated agent along with the following information: • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; • A description of the copyright work that you claim has been infringed and a description of the infringing activity; • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published; • Identification of the URL or other specific location on our Site where the material that you claim is infringing is located, including enough information to allow the Almased to locate the material; • Your number, address, telephone number, and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Almased’s designated agent for notice of claims of copyright infringement on our Site can be reached as follows: By mail: 2861 34th Street South St. Petersburg, FL 33711 Attn: Copyright Agent By email: copyright@almased.com Please note that this contact information is only for reporting claims of copyright infringement. Any other inquiries reported through this process will not be guaranteed a response. Limited License Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots, spidering, or similar data gathering or extraction methods. Any use of our Site or the Site Content other than as specifically authorized herein, without the prior written permission of Almased, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause. Termination These Terms of Use shall remain in full force and effect while you use the Site or are a Member. Almased may restrict, suspend, or terminate your access to all or any part of our Site at any time and for any reason. These Terms of Use will remain in effect even after your termination. Almased also has the right to refuse, move, or remove any material that you submit on or through the Site. Indemnification You hereby agree to indemnify, defend, and hold Almased, its subsidiaries, affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (the “Parties”), harmless from and against any and all liability, losses, expenses, damages, and costs, including attorneys’ fees, incurred by any of the Parties in connection with any claim arising out of or relating to your use of the Site, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Site, your violation or breach of any of these Terms, your connection to the Site, or your violation of the rights of any other person or entity. WARRANTY DISCLAIMERS YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, ALMASED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. ALMASED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ALMASED’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ALMASED’S SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ALMASED’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE MADE AVAILABLE VIA THE SITE. ALMASED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALMASED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. LIMITATION OF LIABILITY IN NO EVENT WILL ALMASED OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF ALMASED OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU OF ALMASED AND ANY OTHER PARTY EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY. SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW. Choice of Law and Forum The formation, construction and interpretation of these Terms of Use shall be controlled by the laws of the State of Florida, giving no effect to choice of law provisions. Any dispute relating to these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts in St. Petersburg, Florida, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts. Third Party Beneficiaries You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use. Waiver and Severability of Terms The failure of Almased to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms of Use remain in full force and effect. Assignment These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Almased or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder. Entire Agreement These Terms of Use, including the policies referred to in these Terms of Use, constitute the entire agreement between you and Almased and govern your use of the Site, superseding any prior agreements between you and Almased. Notice We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Almased at: info@almased.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.