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PSFK Terms of Use

1. Acceptance of Terms

a. PSFK LLC (the “Company” or “PSFK”), along with its parent, subsidiaries and affiliates, offers the PSFK website (the “Website”), online and digital services, reports, promotions, electronic commerce, online consultations, online webinars and online presentations via mobile and web (the “Service”) that is accessible to you and other users who have chosen to use the Service (collectively, “users”). These Terms of Use are a legal agreement (the “Agreement”) between you and the Company governing your access to and use of the Service, which includes any software related to the Service (the “Software”). The Service is offered to you conditioned upon your acceptance, without modification, of this Agreement. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.

b. The Services is only available to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services hereunder are not available to children (persons under the age of eighteen) or to any user whose use of the Services has been suspended or revoked. If you are under the age of eighteen, please stop using the Service.

c. Company reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without advance notice, and such modifications will be deemed effective immediately upon posting. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at: http://psfk.com/termsofuse. This Agreement incorporates by reference PSFK’s privacy policy, which you can review the most current version of at: http://psfk.com/privacypolicy.

2. Access; License; General Prohibitions Regarding Your Use of the Service

a. Subject to your compliance with this Agreement, Company grants you a personal, limited, non-transferable and non-exclusive right and license to transmit and display the Service and the Software for personal, non-commercial use. Except as necessary to use the Service, you shall have no rights to the Software and related documentation subsisting in the Service, or any enhancements or modifications thereto, provided to you in order to access the Service. You shall not sublicense, assign or transfer any license granted to you, and any attempt to do so shall be null and void. You shall not otherwise publicly display, reproduce, distribute, modify, reverse engineer or create derivative works of the Service or Software. You may not share the Service with any other person.

b. You may not use the Service or the Software, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or for any commercial purpose, except with respect to Paid Deliverables (as defined below).

3. Contact Information, Registration, and Security

a. To receive emails and newsletters, you must provide specific information, which may include your first name, last name, e-mail address, company name, industry, Twitter® handle and other information that may be voluntarily provided by you to the Company. All information must be accurate and updated. You must maintain a valid email address to receive newsletters.

b. Company may use your e-mail address to send you reminders of activity via the Service. If you do not wish to receive e-mail correspondence, there is a link in the bottom of each email sent to you with an “Unsubscribe” link. You must click this link and follow the instructions to remove yourself from the newsletter.

c. In order to access portions of the Service, Company may now or in the future allow you to register for a unique user ID, or otherwise require you to provide identifying information to Company or a third-party supplier to offer certain Services (including financial information), which may require you to establish a password and other security codes (“User Codes”). The following terms will apply with respect to your User Codes:

i. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration or transaction forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Company, directly or through third parties, to make any inquiries necessary to validate your Registration Information. Company reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Company cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

ii. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Company has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Company shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Company harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Company if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Company reserves the right to block your User Codes for any reason.

iii. For your protection, Company may require the use of encryption technologies for certain types of communications conducted through the Service. Although we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, to the maximum extent permitted by law, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.

4. Paid Deliverables; Site Transactions.

a. PSFK may offer, from time to time, certain transactions via the Website, including but not limited to services, data, reports and products offered through “PSFK Labs” (the “Paid Deliverables”). Notwithstanding restrictions in this Agreement to the contrary, but subject to your adherence to all other terms and conditions contained herein, you may use Paid Deliverables for your internal marketing, branding and other commercial purposes. You acknowledge that non-public information delivered to you via the Paid Deliverables is confidential and proprietary, and you may not use or disclose such information except as stated in this Agreement.

b. While the Company does its best to ensure that Paid Deliverables information is current and complete, Company is not liable for inaccurate information or for any information that has been omitted or is out of date. Company may, from time to time, offer promotions and other discounts on Paid Deliverables purchases. Company reserves the right to suspend any such promotions, update Paid Deliverables information, change prices and adjust any applicable shipping and handling fees at any time without notice. Furthermore, Company reserves the right to change, limit, refuse, or cancel any order you place with us in our sole discretion. In the event Company makes a change to or cancels an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made, and we will provide you a refund of any prepaid fees for Paid Deliverables that are not delivered or performed.

c. By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor of Paid Deliverables you purchase. If, in our sole discretion, we determine that (a) your means of payment are not valid, (b) the transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Company to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Service to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Service, and terminate all of Company’s obligations hereunder. In addition we reserve the right to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorize by entering into a transaction through the Services.

d. Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless you: (1) notify the Company within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (2) that you have made reasonable, good faith efforts to resolve such dispute with Company directly, and such efforts have failed. You can e-mail details regarding your dispute to billing@psfk.com.

e. You agree to pay all charges and fees applicable to your transaction for Paid Deliverables, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Company reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

f. Purchases of Paid Deliverables are final and non-refundable upon delivery or performance. If you terminate this Agreement pursuant to Section 5 below, we will refund you a pro rata portion any fees you prepaid for Goods not yet delivered at the time of effective termination.

5. Termination

a. This Agreement, and any revisions to this Agreement, shall remain in full force and effect while you use the Service. You may terminate this Agreement at any time, for any reason, by ceasing to use the Website and any Goods and providing written notice to terminate@psfk.com. EXCEPT AS EXPLICITLY STATED HEREIN, YOU UNDERSTAND AND AGREE THAT THE TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY.

b. Company reserves the right to cancel, suspend or refuse access to the Service to anyone for failure to abide by the licensing terms herein, or for any other lawful purpose, as deemed by Company’s sole and absolute discretion. Your failure to abide by the licensing restrictions contained herein will be deemed cause to terminate your access to the Service. Company’s termination or suspension of your access to the Service will be without liability, except, if applicable, for a refund as described in Section 4e above.

6. Advertisements and Third Party Content

a. From time to time, the Company may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). Third Party Content, whether or not provided by Company, does not imply the Company’s endorsement, approval, or verification of such Third Party Content or the policies, products or services of any third party. The Company does not always review Third Party Content and is not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Company is not recommending the products or services of any third party. Subject to the terms of the applicable services or other applicable agreements, the Company may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Use and Privacy Policy applicable to such Third Party Content prior to using it.

b. You acknowledge that certain Third Party Content may contain links that take you to third-party websites that PSFK has no control of. PSFK does not endorse, and makes no representation or warranties, with respect to third-party sites linked to via the Website. You agree to hold PSFK harmless from all claims, losses, costs or damages caused by viewing third-party websites.

7. User Content

a. Company may allow you and other users to post to the Website and elsewhere, through the Software and Service, content, including photos, videos, text, information and other materials (collectively, “User Content”). You acknowledge that User Content is the sole responsibility of the user from whom such User Content originated. You are entirely responsible for all User Content that you upload, post, transmit or otherwise make available on the Service, including personally identifying information.

b. You hereby grant to Company a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to your User Content you upload to the Service or Website, including but not limited to: (a) the right to modify, publish, prepare derivative works from, and publicly display the User Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed; and (b) the right to license or otherwise transfer any or all such rights to any other party as permitted through the architecture of the Software.

c. When you post User Content on the Service, your user name may be visible to other users and attached to the User Content that you posted. Please be aware that if you post personal information online that is accessible to other users, you may receive unsolicited messages. Company cannot guarantee that other users will not use User Content that you post on the Service for their own personal or commercial benefit. You should not post any User Content through the Service that you would like to keep confidential or do not want others to see or use. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT POSTED BY YOU ON THE SERVICE.

d. Except as allowed through the functionality of the Service, the Software and the Website, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell, or create derivative works from any User Content or any other content appearing on or through the Service. Company reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any User Content for any reason in its sole discretion and without notice. Company assumes no responsibility for monitoring the Service for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Service, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user submitting User Content.

e. Without limiting the generality of the foregoing, Company may disclose and use User Content in its sole and absolute

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