Terms of use — 10TH PLANET SACRAMENTO

Web Site Terms and Conditions of Use

Welcome to https://www.10psac.com/this “Site”), a website operated by 10th Planet Sacramento.

The Site provides visitors and customers with access to content about our businesses and the

products and services we offer. These terms and conditions of use (these “Terms of Use”) govern

your general access to, and use of this Site. If you make a purchase via the Site, the products and

services you buy will be governed by separate legal terms and conditions as described in greater

detail below.

You consent to and agree with these Terms of Use by virtue of accessing and using the Site. We

reserve the right, at our discretion, to change these Terms of Use from time to time. Please check

the Site periodically for such changes. By continuing to access and use this Site following the

posting of changes, you accept and agree to the revised version. This Terms of Use is a legal

document, so clarity is important. We’ll use this section to let you know about some words that have

special meanings whenever you see them here. The words “you” and “your” refer to each individual

accessing this Site whether or not under an Account. The words “10th Planet Sacramento”, “we”,

“us” and “our” refer to 10th Planet Sacramento, acting on behalf of itself and, where applicable, its

affiliates and third-party licensors. You also will notice that we capitalize certain additional words in

these Terms of Use even though grammatical rules do not require them. We do this because, in the

context of these Terms of Use, such capitalized words have specific meanings which can be found

where they are first used, as indicated by bold text.

1. Rights and Conditions. You may access and view the audio and visual information, text,

graphics, forms, documents, cartography, images, data, and materials made available on this Site

(the “Content”) on your computer, mobile device, or other Internet-compatible devices solely in

connection with your personal, non-commercial use. You may also make single copies or print-outs

of the Content in connection with your permitted use. You may not make use of this Site including

any Content for any commercial purpose unless you have received our express written prior

permission in advance. You acknowledge that any use of this Site or Content, except as otherwise

permitted herein, is a breach of these Terms of Use, and may put you in violation of Applicable Laws.

We will not be responsible or liable for any loss or damage arising from your failure to comply with

these Terms of Use. As explained in the initial paragraph above, we do not consider our products

and services to be part of the Content governed by these Terms of Use. Products and services are,

as indicated, governed by separate legal terms.

2. Applicable Laws. We control and operate the Site from within the United States of America (the

“USA”). The Site is directed at visitors from the USA, 18 years of age and over. The English

language version of these Terms of Use is the controlling version regardless of any translation you

may attempt. We do not represent that this Site or its Content is appropriate or lawful for use in other

locations outside of the USA or that our operation (including our processing and handling of

Submitted Materials) will comply with all local laws. Users who choose to access this Site from

outside the USA or provide Submitted Materials as non-USA citizens, do so of their own initiative

and are responsible for compliance with all applicable local, state, national and international laws

and treaties (“Applicable Laws”). These Terms of Use shall be governed by and construed in

accordance with the laws of the State of Idaho and the U.S. federal laws enforced within, without

regard to principles of conflicts of laws. All proceedings relating to us, the Site, or these Terms of

Use shall be brought in the state or federal courts located in Idaho and you hereby irrevocably

consent to the personal and exclusive jurisdiction of such courts.

3. Content. Site Content will have a variety of origins, including information generated and provided

by us and third parties. We do not provide any warranty that the Content is or will be:

– accurate or complete; – current (or that it will be updated); – error-free (either technically or with

respect to typographical errors); and/or – free from interruptions, computer viruses, or other harmful

components.

You may make use of the Content under the rights set forth in these Terms of Use but under no

circumstances will we be liable for any loss or damage caused by your reliance on Content. It is,

therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any

information, opinion, advice, or other elements of the Content.

4. Social Media. This section applies to everyone who interacts with our social media presence. You

are therefore viewing this page because you either linked from the social media features on this Site

(such as blogs and comments sections) (“Internal Social Media Features”) or from comment

sections, feeds, and other elements of social media presence viewable on Facebook, Twitter,

Instagram, YouTube, Google+, LinkedIn or any of the many other available external third-party social

media platforms we utilize (“External Social Media Presence”). Social media platforms are places of

public information exchange, and you should have no expectation of privacy. Specifically, paragraph

7 hereof does not apply to our External Social Media Presence. The sites and platforms that host our

External Social Media Presence are not controlled by us and therefore their own, and not our privacy

policies and terms of use will apply. The comments and opinions expressed by users on social

media are theirs alone and do not reflect the opinions of the 10th Planet Sacramento Parties.

Comments that some would consider inappropriate or offensive may appear on our Internal Social

Media Features and on our External Social Media Presence and may remain there until they have

been identified by us or called to our attention and we are able to work through the necessary

procedures and technical processes to have them removed. If you see an offensive or inappropriate

post or comment on our External Social Media Presence, you should report it to the operator of the

applicable site or platform using the procedures they have established for that purpose. If you see

such a post on Internal Social Media Features it should be reported directly to us via the contact

information below.

5. Trademarks and other Intellectual Property Rights. The logos, names, and other similar marks

(collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of

ours and our licensors and may not be used unless authorized by the Trademark owner. Nothing

contained on this Site should be construed as granting any such license or other rights to use any

Trademark displayed on this Site. As between you and us, we are the exclusive owners of all rights,

title, and interests, including intellectual property rights (including copyrights, patents, and

trademarks), proprietary rights (including trade secrets and database rights), and moral rights

(including rights of attribution and authorship) throughout the world in and to this Site, its Content

and its and their look and feel, design and organization and compilation. If you believe any content

appearing on this Site violates your intellectual property rights, please give us notice so we can

consider appropriate takedown procedures.

6. Account Registration. In order to purchase the 10th Planet Sacramento products and services

offered on this Site you will have to register and create an account (an “Account”). Your obligations

with respect to your Account, as well as the rights and obligations you have with respect to products

and services you purchase using your Account will be governed by the separate legal terms and

conditions contained in the End User License Agreement that you will be prompted to review during

the purchasing process and that you will agree to be bound by as part of the account setup and

completion of the purchase of our products and services.

7. Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts, or

other materials submitted by you voluntarily or at our request, such as questions sent to us via the

“Contact Us” link or user-generated content on our Internal Social Media Features or External Social

Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner,

provided that personal information portions of Submitted Materials will only be used as described in

this paragraph 7. By providing Submitted Materials you: (a) represent and warrant that you own or

otherwise have all necessary rights to do so and that the Submitted Materials comply with Applicable

Laws; and (b) you grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and

fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt,

publish, translate, create derivative works from, distribute, perform, display, make, sell, export and

otherwise use such material (in whole or part) and/or to incorporate it in other works in any form,

media or technology now known or later developed. We cannot be responsible for maintaining any

Submitted Materials that you provide to us; therefore, you should retain all such data and information

in your own records.

8. Our Privacy Policies. Our collection of certain information about you including personal

information provided as part of the below described Submitted Materials is subject to the Site’s

for all purposes.

9. Prohibited User Conduct. You are expressly prohibited from engaging or assisting others

engaging in the conduct listed below:

interfering with, disrupting, altering, or destroying the Site or its Content; probing, scanning, or

testing the vulnerability of the Site or any system or network on, from, or through which the Site is

provided; attempting to circumvent or defeat any system or network security measures on, from, or

through which the Site is provided; removing, modifying, or obscuring any proprietary rights notices

that we place on the Site; spidering, “screen scraping,” “database scraping,” harvesting or otherwise

attempting automatic or manual means of accessing, logging in to, obtaining data or information

from or using this Site or any Account; impersonating any person or entity or misrepresenting your

affiliation with any other person or entity; transmitting, distributing, disseminating, publishing, or

storing any information that is in violation of Applicable Law or constitutes or contains false or

misleading indications of origin, endorsement, or statements of fact or is fraudulent, libelous,

defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to

persons or property or infringement of the lawful rights of any party; violating the privacy rights of any

party under Applicable Law; introducing harmful or malicious code (such as viruses and malware); or

using the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-

commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial

electronic messages, even if previously solicited by the intended recipient, including by inserting

your own or a third party’s advertising, branding or other promotional content into any of the Site’s

Content.

10. Third-Party Web Sites. You may see on the Site hyperlinks or pointers to other websites

maintained by third parties and we also may provide third-party content on the Site by framing or

other methods (collectively, “Links”). Links are provided for your convenience and information only.

The fact that we provide a Link does not mean that we endorse, authorize or sponsor that website or

offering or that we are affiliated with the third-party owners or sponsors. Neither the websites nor

parties to which a Link will bring you are under our control and as such we are not responsible in any

way for their availability, content, advertising, products, or materials, including any further links their

sites may contain. This means that once you follow a Link, you are no longer subject to our Privacy

Policy. You should, therefore, carefully review the privacy statements and other conditions of use

and sale related to any Links. We reserve the right to terminate a Link at any time without notice.

11. Liability and Indemnity. THE SITE, ITS CONTENT, AND ANY OTHER INFORMATION,

PRODUCTS, OR SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 10th Planet Sacramento, ITS AFFILIATES

AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS,

MANAGERS, AND REPRESENTATIVES (“10th Planet Sacramento PARTIES”) DISCLAIM ALL

WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE

DISSATISFIED WITH THE SITE, THE CONTENT, OR ITS PRODUCTS AND SERVICES, YOUR

SOLE REMEDY IS TO DISCONTINUE ITS USE. THE 10th Planet Sacramento PARTIES HAVE NO

LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR

INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR

INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT

OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR

PRODUCTS, AND SERVICES THAT YOU ACCESS THROUGH THE SITE. THESE LIMITATIONS

SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT,

STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE

10th Planet Sacramento PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH

DAMAGE. You agree to defend, indemnify and hold the 10th Planet Sacramento Parties harmless

from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising

in any way from your use of this Site, or your breach or violation of Applicable Laws or of these

exclusive defense and control of any matter otherwise subject to indemnification by you, and in such

case, you agree to cooperate with 10th Planet Sacramento’s defense of the such claim.

12. Term and Termination. These Terms of Use apply to all users of this Site at all times until we

supersede and replace them. We may at any time terminate, change, suspend, add to or discontinue

any aspect of this Site itself, or your right to use it, including your Account, without notice or liability

to you.

13. Miscellaneous. These Terms of Use and Privacy Policy are the entire and exclusive agreement

between us and all visitors and users of the Site; provided that those who become our customers by

purchasing our products and services will also be subject to the EULA. Neither any course of

conduct between the parties nor trade practice will modify these Terms of Use. We may assign our

rights and duties under these Terms of Use to any party at any time without notice to you. You agree

that regardless of any statute or law to the contrary, any claim or cause of action by you arising out

of or related to the use of this Site, these Terms of Use or the Privacy Policy must be filed by you

within one year after such claim or cause of action arose or be forever barred. Should any provision

of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum

extent necessary, and the remaining provisions hereof shall remain in full force and effect. The

waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach

and will not act to amend or negate the rights of the waiving party. You may not assign your rights or

obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of

damages, limitation of liability, and indemnification shall survive termination. The word “including” is

exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise

indicated.

If you have questions, please contact us at https://www.10psac.com/