Appily Terms of Use

Welcome to Appily! EAB Global, Inc. (“EAB”), together with its subsidiaries including Cappex.com, LLC d/b/a Appily, provide the Appily platform, a data-driven enrollment resource partnering with colleges, universities, counselors, scholarship administrators, EAB, employers, marketing partners and advertisers to support students and families in their journey to college.

Please read these Terms of Use (“TOUs”) carefully. By accessing, browsing, and/or using the Appily College Search and Tours platform, or the features, content or applications thereof, in any way (the “EAB Services”), you represent and warrant that you have the right, authority, and capacity to enter into these TOUs. If you do not wish to be bound by theseTOUs, you may not access oruse EAB Services.

THESE TOUs INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE LITIGATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Please note that these TOUs may be updated at any time in EAB’s sole discretion. If you do not agree to any change(s), you shall stop using the EAB Services; otherwise, your continued use of the EAB Services constitutes your acceptance of such change(s). Please regularly refer themost current version of these TOUs on EAB’s website.

1. EAB Services

The EAB Services and the information and content available on the Appily platform (collectively, the “EAB Properties”) are protected by copyright laws throughout the world. Subject to these TOUs, EAB grants you a limited license to reproduce portions of the EAB Properties for the sole purpose of using the EAB Services for your personal or internal business purposes. Unless otherwise specified by EAB in a separate license, your right to use any EAB Properties is subject to these TOUs.

You understand that EAB Properties are evolving. As a result, EAB may require you to accept updates to EAB Properties. You acknowledge and agree that EAB may update EAB Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the EAB Services or use EAB Properties.

The rights granted to you in these TOUs are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit EAB Properties or any portion of EAB Properties, including the Appily platform; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other EAB Properties (including images, text, page layout or form) of EAB; (c) you shall not use any metatags or other “hidden text” using EAB’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of EAB Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessaryfor creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access EAB Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of EAB Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in EAB Properties. Any future release, update or other addition to EAB Properties shall be subject to these TOUs. EAB, its suppliers and service providers reserve all rights not granted in these TOUs. Any unauthorized use of EAB Properties

2. Eligibility

You hereby represent and warrant that (i) you are 13 years of age or older; (ii) your use of the EAB Properties does not violate any applicable law or regulation, including the Children’s Online Privacy Protection Act (“COPPA”); (iii) if you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the EAB Properties, you are subject to these TOUs and responsible for your child’s activity on the EAB Properties; and (iv) if you are using the EAB Properties on behalf of a company or organization, you have the authority to act on behalf of that entity, and that such entity accepts these TOUs.

3. Privacy Obligations

By using the EAB Services, you acknowledge receipt of, and agree to the terms of the EAB Privacy Policy describing EAB’s personal information collection, use and disclosure practices, available at https://eab.com/privacy-policy-2/, and the General Posting and Acceptable Use Terms, available at https://eab.com/general-posting-and-acceptable-use-terms/.

4. Your Content

You acknowledge that all content, including EAB Properties, is the sole responsibility of the party from whom such content originated. This means that you, and not EAB, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through EAB Properties (“Your Content”), and that you and other users of EAB Properties, and not EAB, are similarly responsible for all content they Make Available through EAB Properties (“User Content”).

You acknowledge that EAB has no obligation to pre-screen any content (including, but not limited to, User Content), although EAB reserves the right in its sole discretion to pre-screen, refuse or remove any content. By entering into these TOUs, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation reviews, chat, text, or voice communications. In the event that EAB pre-screens, refuses or removes any content, you acknowledge that EAB will do so for EAB’s benefit, not yours. Without limiting the foregoing, EAB shall have the right to remove any content that violates these TOUs or is otherwise objectionable.

EAB supports Google single sign-on (SSO) and enables existing Google users to use their Google credentials to sign into one or more Cappex sites. These ToUs and EAB’s Privacy Policy apply to all users utilizing Google SSO.

5. Ownership

Except with respect to Your Content and User Content, you agree that EAB owns all rights, title and interest in EAB Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EAB Services or EAB Properties.

EAB’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with EAB Properties are the trademarks of EAB and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in EAB Properties are the property of their respective owners.

Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in EAB Properties.

EAB does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in EAB Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

Subject to any applicable account settings that you select, you grant EAB a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing EAB Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of EAB Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not EAB, are responsible for all of Your Content that you Make Available on or in EAB Properties.

We encourage you to download and print a reasonable number of copies of content for noncommercial personal or internal business use only; provided that (i) any permitted copies of content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the content and anoriginal source attribution to EAB and the applicable URL, and (ii) no modifications of any of thecontent are made except as may be expressly providedbyEAB or the third-party provider on the platform containing the applicablecontent. You acknowledge that EAB and/or third-party providers remain the owners of the content and that you do not acquire any intellectual property rights in such content by downloading or printing the content.

You agree that submission of any ideas, suggestions, documents, and/or proposals to EAB through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that EAB has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to EAB a fully paid, royalty-free, perpetual, irrevocable, worldwide, non- exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of EAB Properties.

6. User Conduct

As a condition of use, you agree not to use EAB Properties for any purpose that is prohibited by these TOUs, the General Posting and Acceptable Use Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any content on or through EAB Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, bullying, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without EAB’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of EAB; (vi) interferes with or attempts to interfere with the proper functioning of EAB Properties or uses EAB Properties in any way not expressly permitted by these TOUs; or (vii) to attempt or engage in, any potentially harmful acts that are directed against EAB Properties, including but not limited to violating or attempting to violate any security features of EAB Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in EAB Properties, introducing viruses, worms, or similar harmful code into EAB Properties, or interfering or attempting to interfere with use of EAB Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” EAB Properties. WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE ANY USER’S ACCOUNT AND/OR ACCESS TO THE EAB PROPERTIES, AT IT SOLE DISCRETION, IF ANY USER VIOLATES THIS SECTION 6 OR IF WE REASONABLY SUSPECT THAT A USER HAS OR WILL VIOLATE THIS SECTION 6.

7. Investigations

EAB may, but is not obligated to, monitor or review EAB Properties and content at any time. Without limiting the foregoing, EAB shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such content violates these TOUs, the General Posting and Acceptable Use Terms or any applicable law. Although EAB does not generally monitor user activity occurring in connection with EAB Properties, if EAB becomes aware of any possible violations by you of any provision of the TOUs, EAB reserves the right to investigate such violations, and EAB may, at its sole discretion, immediately terminate your license to use EAB Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

8. Product Research

You agree that EAB may reach out to you to collect feedback on the EAB Services.

9. Virtual Reality Services

The EAB Properties may from time to time include access to hardware, software and content that when used correctly and in accordance with the instructions of their respective manufacturers or developer enable users to experience 3-D content and/or virtual reality (the “VR Services”). Use of the VR Services may subject you to certain health and safety dangers as detailed in the respective hardware, software and content. By using the VR Services, you represent and warrant that you have read and understood all applicable health and safety warnings and instructions prior to using the VR Services. The respective manufacturers and developers may update or revise these warnings and instructions and it is your responsibility to review them periodically. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE VR SERVICES IS AT YOUR SOLE RISK AND EAB SHALL BEAR NO LIABILITY FOR ANY INJURY YOU SUFFER AS A DIRECT OR INDIRECT RESULT OF ACCESSING OR USING THE VR SERVICES. IF YOU BELIEVE THAT YOU MAY SUFFER ANY INJURY AS A RESULT OF ACCESSING OR USING THE VR SERVICES, WHETHER DIRECTLY OR INDIRECTLY, YOU SHOULD NOT USE THE VR SERVICES.

The following is a partial list of websites containing health and safety warnings relating to hardware, software and content that may be included in the VR Services. This list and its contents are subject to change and are presented solely for your convenience. EAB makes no representations or warranties relating to the sufficiency or completeness of the health and safety warnings or any other content contained in the sites listed below nor to the applicability of such warnings to any individual user of the VR Services.

https://www.oculus.com/warnings/
http://www.samsung.com/us/support/owners/product/SM-R320NPWSXAR

EAB reserves the right, in its sole discretion and where technically feasible, to disable access to the VR Services if and to the extent that EAB believes in its sole discretion that use of the VR Services or any of them violates EAB’s community standards, agreements, laws, regulations or policies. By using the VR Services you agree that EAB will incur no liability or responsibility by removing, disabling or deleting such VR Services on this basis, or if EAB does not remove, disable or delete access to such VR Services.

10. Third Party Services

Some links provided in accordance with the EAB Services lead to sites posted by third parties. Because EAB has no control over these sites, EAB is not responsible for such sites’ accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, EAB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any user or other content, goods, or services available on or through any other site.Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationshipbetween EAB and the linked sites. EAB is an independent operating companyand reference to other companies does not imply any partnership, joint venture, or other legal connection where EAB would be responsible for the actions of its partners. You should review applicable terms and policies, including privacy and data gathering practices, of any third party sites, and should investigate as you feel necessary or appropriate before proceeding with any transaction with any such third party.

11. Indemnification

You agree to indemnify and hold EAB, andits affiliates,officers, agents, partners, and employees (the “EAB Parties”) harmless fromany losses, costs, liabilities and expenses, including reasonable attorney’s fees, relatingto or arising out of: (a) Your Content, (b) your use of, or inability to use, the EABProperties, (c) yourbreach of the TOUs, (d) your violation of any rights of another party, including any user, and (e) your violation of any applicable laws, rules or regulations. EAB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EAB in asserting any available defense. You agree that the provisions in this section will survive any termination of your Account, these TOUs, or your access to the EAB Properties.

12. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF EAB PROPERTIES IS AT YOUR SOLE RISK, AND EAB PROPERTIES ARE PROVIDED ON AN "AS IS,""AS AVAILABLE" BASIS, WITH ALL FAULTS. EAB PARTIES EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.

EAB IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE EAB PROPERTIES AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE EAB PROPERTIES FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE EAB PROPERTIES.

THE EAB PARTIES DO NOT WARRANT THAT THE EAB SERVICES WILL BEUNINTERRUPTED, ERROR-FREE or virus-free; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EAB PROPERTIES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITYORCONTENT OF THE EAB PROPERTIES.

YOU ACKNOWLEDGE AND AGREE THAT EAB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EAB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THE MANUFACTURERS AND DEVELOPERS OF HARDWARE, SOFTWARE AND CONTENT FOR THE VR SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF EAB PROPERTIES. YOU UNDERSTAND THAT EAB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF EAB PROPERTIES

13. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT INNO EVENT SHALL EAB PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT,SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF EAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE EABSERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE ORANTICIPATED PROFITS, LOSS OF GOODWILL,LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION,OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES,OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES,DELAYS IN OPERATIONOR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,OR UNAUTHORIZED ACCESS TO EAB’S RECORDS, PROGRAMS, OR SERVICES OR ANY ASSOCIATED COLLEGE’S RECORD OF STUDENT INFORMATION, INCLUDING, BUT NOT LIMITED TO ITS STUDENT INFORMATION SYSTEM OR LEARNING MANAGEMENT SYSTEM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, EAB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ADDITION, EAB PARTIES WILL NOT BE LIABLE IN RESPECT OF THE FOLLOWING: (A) ANY DECISIONSMADE BY YOU AS A RESULT OF YOUR USE OF THE EAB SERVICES OR AS A RESULT OF ANYTRANSACTIONS MADE USING THE EAB SERVICES BYYOU, (B) ANY EAB SERVICE INACCURACIES OR (C) YOUR MISUSE OF THE EAB SERVICES.

NOTHING IN THESE TOUs SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICTANYLIABILITY FOR DEATH OR PERSONAL INJURY ARISINGFROM THE NEGLIGENCE OR FRAUD OFEAB PARTIES.STRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF EAB PARTIES.

14. Notice of Copyright Infringement

If you believe content posted on the EAB Properties infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the EAB Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) 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 authorized to act on the copyright owner's behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: EAB, c/oGeneral Counsel, 2445 M Street, NW, Washington DC 20037.

15. Term and Termination

These TOUs commence on the date when you accept them and remain in full force and effect while you use EAB Properties, unless terminated earlier in accordance with the TOUs. Notwithstanding the foregoing, if you used EAB Properties prior to the date you accepted the TOUs, you hereby acknowledge and agree that the TOUs commenced on the date you first used EAB Properties (whichever is earlier) and will remain in full force and effect while you use EAB Properties, unless earlier terminated in accordance with the TOUs.

You may discontinue your participation in and access to the EAB Properties at any time.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes all related information, files and content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. EAB will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the TOUs which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

16. Choice of Law and Forum

THESE TOUs, AND ALL CLAIMS OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) THAT MAY BE BASED UPON, ARISE OUT OF, OR RELATE TO THESE TOUs, OR THE FACTS AND CIRCUMSTANCES RELATING TO THEIR NEGOTIATION, EXECUTION, OR PERFORMANCE, SHALL BE GOVERNED BY, AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF DELAWARE, INCLUDING ITS STATUTES OF LIMITATIONS, WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW PROVISION OR RULE (WHETHER OF DELAWARE OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. EACH PARTY SHALL BRING ANY SUIT, ACTION OR OTHER PROCEEDING BASED UPON, ARISING OUT OF, OR RELATING TO THESE TOUs, OR THE FACTS AND CIRCUMSTANCES RELATING TO THEIR NEGOTIATION, EXECUTION, OR PERFORMANCE, SOLELY AND EXCLUSIVELY IN ANY STATE OR FEDERAL COURT LOCATED IN THE DISTRICT OF COLUMBIA. YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT EMPOWERED TO ENFORCE THE AGREEMENT LOCATED IN THE DISTRICT OF COLUMBIA, AND WAIVE ANY OBJECTION THERETO ON THE BASIS OF PERSONAL JURISDICTION OR VENUE, INCLUDING THE RIGHT TO CHALLENGE THE PROCEDURAL OR SUBJECT MATTER OF THIS TRIBUNAL, VENUE IN THIS TRIBUNAL, OR THAT THERE IS A MORE CONVENIENT FORUM. THE PARTIES WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OF ANY CAUSE OF ACTION, CLAIM, COUNTERCLAIM OR CROSS-COMPLAINT IN ANY ACTION, PROCEEDING OR HEARING BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF, OR RELATING TO THESE TOUs, OR THE FACTS AND CIRCUMSTANCES RELATING TO THEIR NEGOTIATION, EXECUTION, OR PERFORMANCE, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

ALL CLAIMS AND DISPUTES MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

16. Choice of Law and Forum

All aspects of the litigation proceeding, including but not limited to any judgments awarded and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality of any litigation proceedings, awards or judgments unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement or to seek injunctive or equitable relief.

This Section 16 will survive the expiration or earlier termination of your relationship with EAB.

Notwithstanding anything to the contrary in this these TOUs (i) either you or EAB may bring an individual action in small claims court; and (ii) either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo.

17. General Provisions

The communications between you and EAB use electronic means, whether you visit EAB Properties or send EAB e-mails, or whether EAB posts notices on EAB Properties or communicates with you via e- mail. For contractual purposes, you (1) consent to receive communications from EAB in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EAB provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

If you have any questions, complaints or claims with respect to the EAB Services, please contact our customer service department using the contact information available on the EAB Services. We will do our best to address your concerns.

You hereby release EAB Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the TOUs or your use of EAB Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

The TOUs, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without EAB’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

EAB shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Any waiver or failure to enforce any provision of these TOUs on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any provision of these TOUs is, for any reason, held to be invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted bylaw.

You may not use, export, import, or transfer EAB Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained EAB Properties, and any other applicable laws. In particular, but without limitation, EAB Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using EAB Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use EAB Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by EAB are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer EAB products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Where EAB requires that you provide an e-mail address, you are responsible for providing EAB with your most current e-mail address. In the event that the last e-mail address you provided to EAB is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the TOUs, EAB’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to EAB at the following address: 2445 M Street, NW, Washington DC 20037.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)952-5210.

These TOUs are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.