Obsidian Global Solutions

THIS TERMS OF USE AGREEMENT (“AGREEMENT”) FORMS A BINDING AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND OBSIDIAN GLOBAL SOLUTIONS LLC (HEREINAFTER COLLECTIVELY REFERRED TO AS “OBSIDIAN,” “WE” OR “US”). THE AGREEMENT GOVERNS YOUR USE OF OBSIDIAN’S ONLINE SERVICES, INCLUDING OUR WEB SITE LOCATED AT HTTPS://OGS.THINKIFIC.COM/ AND OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU SIGNIFY YOUR CONSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SITE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR THE SERVICES AVAILABLE AT THE SITE. BY USING OR VISITING THE SITE, OR MAKING A PURCHASE FROM THE SITE, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THIS AGREEMENT, ALONG WITH ANY OTHER POLICIES OR GUIDELINES POSTED ON THE SITE, SHALL GOVERN YOUR USE OF THE SITE, WHETHER YOU ACCESS THE SITE DIRECTLY OR THROUGH A THIRD-PARTY WEB SITE. CERTAIN AREAS, FEATURES, OR FUNCTIONALITY OF THE SITE, MAY BE SUBJECT TO DIFFERENT OR ADDITIONAL TERMS, RULES, GUIDELINES OR POLICIES (“ADDITIONAL RULES”), AND WE MAY PROVIDE SUCH ADDITIONAL RULES TO YOU VIA POSTINGS, POP-UP NOTICES, LINKS, OR OTHER MEANS AT THE TIME THAT YOU ACCESS OR USE THE RELEVANT AREA, FEATURE OR FUNCTIONALITY. FROM TIME TO TIME, SUCH ADDITIONAL RULES MAY CONFLICT WITH THIS AGREEMENT; IN THE EVENT OF SUCH A CONFLICT, THE ADDITIONAL RULES WILL CONTROL. PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. BY VISITING THE SITE, POSTING OR VIEWING ANY CONTENT ON THE SITE AND/OR BY MAKING A PURCHASE ON THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, HAVE THE LEGAL CAPACITY TO, AND HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND EACH OF ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

THE INTERNET OFFERS A MEDIUM THAT REQUIRES CONSTANT UPDATES AND REVISIONS IN ORDER TO ENSURE THE SITE IS CAPABLE OF MEETING YOUR NEEDS. OBSIDIAN WILL WORK HARD TO ENSURE THE SITE MEETS YOUR NEEDS. GIVEN THIS, WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. BY CONTINUING TO USE THE SITE, OR ANY PORTION THEREOF, AFTER WE POST ANY SUCH CHANGES, YOU ACCEPT THIS AGREEMENT, AS MODIFIED. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE THE SITE, OR ANY PORTION OF THE SITE, AT ANY TIME. OBSIDIAN RESPECTS THE PRIVACY OF OUR USERS. PLEASE TAKE A FEW MINUTES TO REVIEW OUR PRIVACY POLICY.

AS BETWEEN YOU AND OBSIDIAN, THE CONTENT, PHOTOGRAPHS, IMAGES, DATA OR OTHER MATERIALS (“CONTENT”) THAT ARE MADE AVAILABLE THROUGH THE SITE ARE THE PROPERTY OF OBSIDIAN, AND ARE PROTECTED BY U.S. AND FOREIGN COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY LAWS. NO MATERIAL FROM THE SITE MAY BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY, EXCEPT THAT YOU MAY DOWNLOAD ONE COPY OF THE MATERIALS ON ANY SINGLE COMPUTER FOR YOUR PERSONAL NON-COMMERCIAL USE ONLY, PROVIDED YOU KEEP INTACT ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE MATERIALS OR USE OF THE MATERIALS FOR ANY OTHER PURPOSE IS A VIOLATION OF OBSIDIAN'S COPYRIGHT, TRADEMARK, AND TRADE SECRET RIGHTS AND OTHERS' PROPRIETARY RIGHTS. FOR PURPOSES OF THIS AGREEMENT, THE USE OF ANY SUCH MATERIAL ON ANY OTHER WEB SITE OR NETWORKED COMPUTER ENVIRONMENT IS PROHIBITED.

BY POSTING OR SUBMITTING ANY MATERIAL ON OBSIDIAN’S SITE AND SOCIAL MEDIA SITES, YOU ARE GRANTING TO OBSIDIAN, AND TO ANYONE AUTHORIZED BY OBSIDIAN, A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, UNRESTRICTED, WORLDWIDE LICENSE TO DISPLAY, USE, COPY, MODIFY, TRANSMIT, SELL, EXPLOIT, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND/OR PUBLICLY PERFORM SUCH MATERIALS POSTED ON OBSIDIAN’S SITE AND SOCIAL MEDIA SITES, IN WHOLE OR IN PART, IN ANY MANNER OR MEDIUM, NOW KNOWN OR HEREAFTER DEVELOPED, FOR ANY PURPOSE, WITHOUT ANY COMPENSATION TO YOU. THE FOREGOING GRANT SHALL INCLUDE THE RIGHT TO EXPLOIT ANY PROPRIETARY RIGHTS IN SUCH POSTING OR SUBMISSION, INCLUDING, BUT NOT LIMITED TO, RIGHTS UNDER COPYRIGHT, TRADEMARK, SERVICE MARK OR PATENT LAWS UNDER ANY RELEVANT JURISDICTION. ALSO, IN CONNECTION WITH THE EXERCISE OF SUCH RIGHTS, YOU GRANT OBSIDIAN, AND ANYONE AUTHORIZED BY OBSIDIAN, THE RIGHT TO IDENTIFY YOU AS THE AUTHOR OF ANY OF YOUR POSTINGS OR SUBMISSIONS BY NAME, EMAIL ADDRESS OR SCREEN NAME, AS OBSIDIAN DEEMS APPROPRIATE. FURTHER, MATERIAL POSTED OR SUBMITTED ON OBSIDIAN’S SITE AND SOCIAL MEDIA SITES SHALL NOT BE DEEMED CONFIDENTIAL AND OBSIDIAN SHALL NOT HAVE ANY OBLIGATION TO KEEP ANY SUCH MATERIAL CONFIDENTIAL

BY USING THE SITE, YOU AGREE TO NOT USE THE SITE IN ANY MANNER THAT: • IS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF, ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT (INCLUDING BY MEANS OF SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS); • INTERFERES WITH OR DISRUPTS THE SITE, SERVICES CONNECTED TO THE SITE, OR OTHERWISE INTERFERES WITH OPERATIONS OR SERVICES OF THE SITE IN ANY WAY; • INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT OR OTHER RIGHT OF ANY PARTY, OR DEFAMES OR INVADES THE PUBLICITY RIGHTS OR THE PRIVACY OF ANY PERSON, LIVING OR DECEASED (OR IMPERSONATES ANY SUCH PERSON); • CONSISTS OF ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR ANY OTHER FORM OF SOLICITATION; • CAUSES OBSIDIAN TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF OUR INTERNET SERVICE PROVIDERS OR OTHER SUPPLIERS; • LINKS TO MATERIALS OR OTHER CONTENT, DIRECTLY OR INDIRECTLY, TO WHICH YOU DO NOT HAVE A RIGHT TO LINK; • IS FALSE, MISLEADING, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE OR ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE, AS DETERMINED BY OBSIDIAN IN ITS SOLE DISCRETION; | • COPIES, MODIFIES, CREATES A DERIVATIVE WORK OF, REVERSE ENGINEERS, DECOMPILES OR OTHERWISE ATTEMPTS TO EXTRACT THE SOURCE CODE OF THE SOFTWARE UNDERLYING THE SITE OR ANY PORTION THEREOF; • VIOLATES, OR ENCOURAGES ANYONE TO VIOLATE THIS AGREEMENT, ANY ANCILLARY TERMS AND CONDITIONS LISTED ON THE SITE, OR OUR PRIVACY POLICY; OR • VIOLATES, OR ENCOURAGES TO VIOLATE, ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, REGULATION, OR ORDER.

WITHOUT THE PRIOR WRITTEN PERMISSION OF OBSIDIAN, YOU MAY NOT FRAME, OR MAKE IT APPEAR THAT A THIRD-PARTY SITE IS PRESENTING OR ENDORSING, ANY OF THE CONTENT OF THE SITE, OR INCORPORATE ANY INTELLECTUAL PROPERTY OF THE SITE, ONSIDIANOR ANY OF THEIR LICENSORS INTO ANOTHER WEBSITE OR OTHER SERVICE.

YOU MAY NOT USE ANY TRADEMARK OR SERVICE MARK APPEARING ON THE SITE WITHOUT THE PRIOR WRITTEN CONSENT OF OBSIDIAN, OR THE OWNER OF THE MARK.

THE SITE MAY CONTAIN LINKS TO OTHER WEB SITES, INCLUDING SOCIAL MEDIA SITES, WHICH ARE NOT UNDER THE CONTROL OF OBSIDIAN. WE ARE NOT RESPONSIBLE FOR THESE THIRD-PARTY WEB SITES AND LINKING DOES NOT CONSTITUTE OBSIDIAN'S ENDORSEMENT OF THESE WEB SITES.

WE WORK HARD TO MAKE THE SITE INTERESTING BUT WE CANNOT GUARANTEE THAT OUR USERS WILL ALWAYS FIND EVERYTHING TO THEIR LIKING. PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IS "AS IS" AND "AS AVAILABLE." OBSIDIAN DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE SITE. SPECIFICALLY, OBSIDIAN DISCLAIMS (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE, AND (II) ALL WARRANTIES NOT EXPRESSLY MADE IN THESE TERMS. OBSIDIAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." OBSIDIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. OBSIDIAN DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. OBSIDIAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. THE SITE IS CONTROLLED AND OPERATED BY OBSIDIAN FROM ITS OFFICES IN NEW YORK, UNITED STATES OF AMERICA. OBSIDIAN MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.