Terms and conditions of use

These terms of use constitute a legally binding agreement between you, personally or on behalf of an entity ('you') and Stonemint LLC ('Company', 'we', 'our', or 'us'), regarding your access and use of the website https://www.zoomconvert.com as well as any other form of media, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the 'Site'). We are registered in the United States and our registered office is at Stonemint LLC, 7345 W SAND LAKE RD, STE 210 OFFICE 2303, ORLANDO, FL 32819 US. By accessing the site, you acknowledge that you have read, understood, and agree to be bound by all of these terms of use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Additional terms or documents that may be displayed on the site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to change or modify these terms of use from time to time. We will inform you of any changes by updating the 'last updated' date of these terms of use, and you waive any right to receive specific notice of each of these changes. Please make sure to check the applicable terms whenever you use our site to understand which terms apply. You will be subject to the revised terms of use and will be deemed to have accepted and agreed to them if you continue to use the site after the date of publication of such revised terms of use.

The information provided on the site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is not designed to comply with sectoral regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you cannot use this site. You may not use the site in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the site.

Unless otherwise indicated, the site and all content, including but not limited to the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the 'Content') as well as the trademarks, service marks, and logos contained therein (the 'Marks') are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the site 'as is' for your information and personal use only. Except as expressly provided in these terms of use, no part of the site or any content or Mark may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written consent.

Subject to your compliance with these terms of use, you are granted a limited license to access and use the site and to download or print a copy of any portion of the content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the site, the content, and the Marks.

By using the site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these terms of use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the site for any illegal or unauthorized purpose; and (7) your use of the site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept the following payment methods:

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the site. We may change prices at any time. All payments shall be in US dollars, euros, or pounds sterling.

You agree to pay all fees or charges in accordance with the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the site.

We make our software available to new users who sign up on the site through three distinct plans.

At the end of the exploratory access, the primary software user will be billed the monthly subscription fee, which can be canceled and terminated without notice directly within the subscriber's account area.

Details of the subscriptions are listed below.

Each formula including a trial week is automatically renewed for a commitment-free subscription of $34.99 per month.

The annual plan includes subscription to all features for one year and does not automatically renew.

It is the user's responsibility to renew their subscription to maintain uninterrupted access to the service.

Orders are billed in the currency used by the customer's payment method. Thus, a card in pounds sterling will be billed in pounds sterling, while a card in euros will be billed in euros.

Pre-authorization charges for one month may be debited from the credit card used for the trial offer to ensure uninterrupted use of the service.

Each of the plans can be canceled immediately in the subscriber area, accessible to the user after subscription.

The subscription ends immediately and the service remains available until the end of the subscription period.

If you are not satisfied with our services or have questions regarding unsubscribing, please email us at support@zoomconvert.com.

We may include software for use as part of our services. If such software is accompanied by an end user license agreement ('EULA'), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, we grant you a revocable, non-exclusive, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these terms of use. Any software and related documentation are provided 'as is' without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risks arising out of the use or performance of any software. You are not permitted to reproduce or redistribute any software except in accordance with the EULA or these terms of use.

You may not access the site or use it for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

Deceive, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information, such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or that enforce limitations on the use of the site and the services/or the Content contained therein.

Disparage, tarnish, or otherwise harm us and/or the site.

Use any information obtained from the site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.

Engage in automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Remove any copyright or other proprietary notice from any content Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site.

Attempt to bypass any measures of the site designed to prevent or restrict access to the site or any portion of the site.

Copy or adapt the site's software, including but not limited to Flash, PHP, HTML, JavaScript, or any other code.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Use an buying agent or purchasing agent to make purchases on the site. Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the site as part of any effort to compete with us or use the site and/or the content for any revenue-generating endeavor or commercial enterprise.

The site does not offer users the opportunity to submit or post content. We may give you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, videos, audios, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site's Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant the following:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the site.

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

As part of the functionality of the Site, you may link your account to online accounts you have with third party service providers (each such account, a "Third Party Account") by either: (1) providing your Third Party Account login information via the Site; or (2) allowing us access to your Third Party Account, as permitted by the applicable terms and conditions governing your use of each Third Party Account. You represent and warrant that you have the right to disclose your Third Party Account login information to us and/ou de nous accorder l'accès à votre compte tiers, sans violation de votre part des termes et conditions qui régissent votre utilisation du site Web applicable. Compte tiers, et sans nous obliger à payer des frais ni nous soumettre à des limitations d'utilisation imposées par le fournisseur de services tiers du compte tiers. En nous accordant l'accès à tout compte tiers, vous comprenez que (1) nous pouvons accéder, rendre disponible et stocker (le cas échéant) tout contenu que vous avez fourni et stocké dans votre compte tiers (le « réseau social Contenu ») afin qu'il soit disponible sur et via le Site via votre compte, y compris, sans limitation, toute liste d'amis et (2) nous pouvons soumettre et recevoir de votre compte tiers des informations supplémentaires dans la mesure où vous êtes averti lorsque vous créez un lien votre compte auprès du Compte Tiers. En fonction des comptes tiers que vous choisissez et sous réserve des paramètres de confidentialité que vous avez définis dans ces comptes tiers, les informations personnelles identifiables que vous publiez sur vos comptes tiers peuvent être disponibles sur et via votre compte sur le site. Veuillez noter que si un compte tiers ou un service associé devient indisponible ou si notre accès à ce compte tiers est résilié par le fournisseur de services tiers, le contenu des réseaux sociaux peut ne plus être disponible sur et via le site.

You can deactivate the connection between your account on the

and your third party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We do not

effort to review any Social Network Content for any purpose, including, but not limited to, accuracy, legality or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet only for the purpose of identifying and notifying you of contacts who have also registered to use the Site. You can disable the connection between the Site and your third party account by contacting us using the contact details below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through that third party account, with the exception of the username and profile picture associated with your account.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") that you provide to us are non-confidential and become our exclusive property. We shall have exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of such Submissions for any lawful, commercial or other purpose whatsoever, without acknowledgment or compensation to you. You hereby waive any moral rights in such Submissions and you hereby warrant that such Submissions are original or that you have the right to submit them. You agree that there shall be no recourse against us for any actual or alleged infringement or misappropriation of any proprietary rights in your Submissions.

Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If our services are acquired by or on behalf of a non-Department of Defense ("DOD") agency, our services are subject to these Terms of Use in accordance with FAR 12.212 (for software) and FAR

12.211 (for technical data). If our services are acquired by or on behalf of a Department of Defense agency, our services are subject to the terms of these Terms of Use pursuant to Defense Federal Acquisition Regulation ("DFARS") 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights Clause supersedes and replaces any other clause or provision of the FAR, the DFARS or any other clause or provision regarding the Government's rights in the Software or Technical Data under these Terms of Use.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content which are excessively large or which otherwise burden our systems; and (5) operate the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT

AND ANY CONTENT OR INFORMATION PUBLISHED BY YOU AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, under a false or assumed name, or under the name of a third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, civil and criminal prosecution and injunctive relief.

We reserve the right to change, modify or delete the content of the site at any time or for any reason, at our sole discretion and without prior notice. However, we have no

obligation to update the information on our site. We also reserve the right to modify or interrupt all or part of the site without notice and at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the site.

We cannot guarantee that the site will be available at all times. We may encounter hardware, software or other problems, or need to carry out maintenance operations relating to the site, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time and for any reason, without notice to you. You agree that we will not be liable for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed as obliging us to maintain or support the Site or to provide any corrections, updates or releases in connection with the Site.

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the United States and you are a consumer, you have the additional protection of the mandatory provisions of the law of your country of residence. Softflakes, Inc. and you agree to submit to the non-exclusive jurisdiction of the courts of Delaware, which means that you may bring a claim to enforce your consumer protection rights with respect to these Terms of Use in the United States or in the United States country in which you reside.

In order to expedite the resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a "Dispute" and, collectively, the "Disputes") brought by you or us (individually, a "Party" and, collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except Disputes expressly provided for below) informally for at least thirty (30) days before commencing arbitration proceedings. Such informal negotiations shall commence upon written notice from one party to the other party.

Any dispute arising out of the relationship between the parties to this Agreement shall be decided by an arbitrator who shall be selected in accordance with the Rules of Arbitration and the Rules of Procedure of the United States Court of Arbitration, part of the United States Arbitration Center, headquartered in Delaware, which are in effect at the time the request for arbitration is filed and which the adoption of this clause constitutes acceptance of. The seat of the arbitration shall be Delaware, United States. The language of the proceedings shall be English. The applicable rules of substantive law shall be those of the United States.

The parties agree that any arbitration shall be limited to the dispute between them individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or power for any dispute to be arbitrated on a class action basis or to use class action procedures; and (c) there is no right or power for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

The parties agree that the following disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any dispute seeking to enforce or protect a party's intellectual property rights or concerning the validity thereof; (b) any dispute relating to or arising out of allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is determined to be illegal or unenforceable, neither party will elect to arbitrate any dispute arising out of the portion of this provision determined to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction in the jurisdictions listed above, and the parties agree to submit to the personal jurisdiction of such court.

The site may contain information containing typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the information on the site at any time without notice.

THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE PARTICULAR AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE ASSUME NO RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS , (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE . WE DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN A BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR BE RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set out in these Terms of Use; (4) your infringement of any third party's rights, including but not limited to intellectual property rights; or (5) any act detrimental to any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is the subject of this indemnity as soon as we become aware of it.

We will retain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we make routine back-ups of data, you are solely responsible for any data you transmit or which relates to any activity you have undertaken using the site. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from the loss or corruption of such data.

Visiting the Site, sending e-mails to us and completing online forms constitute electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR CONDUCTED BY US OR THROUGH THE SITE. You

hereby waive any right or requirement under any law, regulation, rule, order or other statute in any jurisdiction that requires an original signature or the delivery or retention of non-electronic documents, or payments or the extension of credit by any means other than electronically.

If a complaint filed with us is not resolved satisfactorily, you may contact the California Department of Consumer Affairs, Division of Consumer Services, Complaint Assistance Unit in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and the applicability of the other provisions. These Terms of Use and use of the Site do not create a joint venture, partnership, employment or agency relationship between you and us. You agree that these Terms of Use will not be construed against us by virtue of having written them. You hereby waive any defense you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at the following address:

Stonemint LLC, 7345 W SAND LAKE RD, STE 210 OFFICE 2303, ORLANDO, FL 32819 US