These Terms of Services (these “Terms” or “TOS”) describe the terms and conditions by which you may access and/or use the Site, and any and all related products, goods, software, documentation, and online, in-person, mobile-enabled, and/or digital services, the provision of resources, courses, events, and matchmaking services and platform services, hosting services, record services, and services provided by third-party contractors, including all services that we offer in connection with the website located at https://monarchinjectors.llc/homepage/ and any successful URL(s) (the “Site”) and/or our business (collectively, the “Services”) provided by Master Injectors, LLC, a Texas limited liability company d/b/a Monarch Injectors and Monarch Master Injectors (including its successors and assigns, “Master Injectors, “MI”, “we“, “our,” or “us”) (collectively, the “Services”) By accessing and/or using the Site or the Services, you explicitly signify and indicate that you have read, understood, and agree to be bound by these Terms, and you further acknowledge that you have read, understood, and agree to our Privacy Policy, Cookie Policy, and ADA Accessibility Statement and Disclaimer, which are incorporated herein by reference as if set forth at length herein. We reserve the right to alter or modify these Terms. Should we make any alterations or modifications, we will provide notice of material changes as described below.

These Terms apply to all visitors and users to the Site and all users of the Services, as well as to all others who access the Services by, under, or through you (collectively, “Users“, and, as applicable to you, “you” or “your”).

Master Injectors provides business matchmaking services for non-physicians desiring to own and operate medical spas within the State of Texas, and physicians desiring to staff medical spa facilities that are owned and operated by non-physician clients of Master Injectors. Master Injectors also provides resources which pertains to certain benefits including access to collaborating physician(s) for a management model medical spa, mid-level virtual exams, wholesale drop ship supply accounts, injector support staff, and other services that will assist you with the management and operation of your medical spa (“Medical Spa”) and the program providing the resources to you shall be known as the “Courses”, a “Course”, “Events” or an “Event”.

 PLEASE READ AND REVIEW THESE TERMS WITH UTMOST CARE TO ENSURE YOUR FULL UNDERSTANDING OF EACH PROVISION. THIS DOCUMENT CONTAINS THREE CRITICAL SECTIONS THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS: (1) A MANDATORY INDIVIDUAL ARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) LOCATED IN SECTION 15.3 (INCLUDING SUBSECTIONS THEREIN); (2) A CLASS ACTION WAIVER PROVISION LOCATED IN SECTION 15.3.6 (THE “CLASS ACTION WAIVER”), (3). AND A JURY TRIAL WAIVER PROVISION (THE “JURY TRIAL WAIVER”) LOCATED IN SECTION 16. UNLESS YOU CHOOSE TO OPT OUT FOLLOWING THE SPECIFIC INSTRUCTIONS PROVIDED IN THE ARBITRATION AGREEMENT, YOU ARE AGREEING TO THE FOLLOWING: (1) ALL DISPUTES BETWEEN YOU AND US MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS; AND (2) THIS ARBITRATION REQUIREMENT APPLIES TO ANY AND ALL CLAIMS, INCLUDING THOSE THAT AROSE OR WERE ASSERTED PRIOR TO YOUR AGREEMENT TO THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED IN THE FULL TERMS), BY AGREEING TO THESE TERMS: (1) YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW; (2) YOU EXPRESSLY WAIVE YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS; AND (3) YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS YOU IN ANY: CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE ACTION OR PROCEEDING. BY PROCEEDING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. IF YOU DO NOT AGREE, PLEASE DO NOT PROCEED AND INSTEAD FOLLOW THE OPT-OUT INSTRUCTIONS PROVIDED IN THE ARBITRATION AGREEMENT.

 1. Acceptance of the Terms of Service; Changes.

By accessing the Site and/or using the Services, you agree to be bound by all of the provisions of the Terms of Service (these “Terms” or “TOS”). IF YOU DO NOT ACCEPT AND AGREE TO ALL PROVISIONS OF THE TOS, OR IF YOU ARE NOT ELIGIBLE, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE OR USE THE SERVICES. This TOS provides that all disputes between you and MI will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 15 (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with MI. As used in the TOS, the terms “you” and “your” mean each individual or entity that accesses, browses or uses the Site and/or the Services in any manner. If you are accessing the Site and/or using the Services on behalf of an entity, you represent and warrant to MI that you have the authority to bind the entity you represent to the TOS. Your agreement to this TOS will be treated as the agreement of the entity you represent. MI may modify the TOS or add or remove terms at any time, and each such modification, addition, or deletion will be effective immediately upon posting on the Site. Your use of the Site or the Services following any such posted modification, addition or deletion constitutes your agreement to be bound by and your acceptance of the TOS as so modified. It is therefore important that you review the TOS regularly. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THE TOS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND/OR USE THE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE DOING SO.

2. Privacy Policy; Additional Terms

Use of the Site and the Services is also subject to the MI Privacy Policy (the “Privacy Policy”). The terms of the Privacy Policy, Cookie Policy, and ADA Accessibility Statement and Disclaimer, are incorporated into these Terms by reference as if set forth at length herein. by this reference. Additionally, your access to and/or use of certain portions of the Site and certain of the Services may require you to accept terms and conditions applicable to such Services which are in addition to these Terms and will be presented to you for your acceptance when you sign up for such Services (the “Additional Terms”). The Terms, Privacy Policy, Cookie Policy, ADA Accessibility Statement and Disclaimer, and any Additional Terms and agreements which you may entered into with MI set forth the terms and conditions that apply to your use of the Site and the Services. To the extent there is any conflict between the Terms and any Additional Terms, the Additional Terms will prevail.

3. Eligibility

You may only use the Site and the Services if you are at least 18 years of age. If you are under the age of 18 or under the age of majority in the jurisdiction in which you are located, you may only use the Site and the Services under the supervision of a parent or legal guardian. You may not use the Site if you are under 18 years of age. Master Injectors reserves the right to require you to provide proof of your age and, if applicable, approval of your use of the Site and the Services by your parent/legal guardian. Master Injectors may terminate your access to and use of the Site and the Services without warning if it determines that you do not meet the foregoing eligibility requirements. In addition to the eligibility requirements in the TOS, your use of certain Services may be subject to eligibility requirements set forth in the Additional Terms.

4. Access to the Site and the Services

4.1. General Access.

Subject to your compliance with the Agreement, Master Injectors hereby grants to

 you a limited, non-transferable, non-exclusive right to access and use its proprietary, commercially available, hosted software product and related documentation via a Web browser for use during the term of the Agreement. Master Injectors hosts and retains control over the software and only makes it available for access and use by you over the Internet through a Web browser. Nothing in this Agreement obligates Master Injectors to deliver or make available any copies of computer programs or code from the software to you, whether in object code or source code form. You may not rent, lease, distribute, or resell the software, or use the software as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the software.

4.2. Registered Users.

In order to access or use certain services, you must become a “Registered User” by creating an account (an “Account”) and choosing a password that you will use to access your Account. By registering, you represent and warrant to Master Injectors that all registration and other information you submit to or through the site is truthful, accurate, current, and complete, and you agree to immediately provide corrected information if any of the submitted information shall no longer be truthful, accurate, current, and complete. By registering or by using this Site and/or Services, you further represent and warrant that your use of the Site and the Services does not violate any applicable laws, rules, or regulations. By using this Site and/or Services, you further represent and warrant that you have read, understood, and agree to all Terms herein as well as the Privacy Policy, Cookie Policy, and ADA Accessibility Statement and Disclaimer. Without limiting any of MI’s other available legal remedies, if you provide any registration or other information that is untrue, inaccurate, or incomplete, or MI has reasonable grounds to suspect that such is the case, MI may immediately, and without notice to you, suspend or terminate your Account and refuse any and all use by you of the site and the services. Your registration on the site and your use of the site and the services are void where prohibited.

 You are solely responsible for safeguarding the confidentiality of your password and for any and all use of your Account and password, whether or not authorized by you. Although MI will not be liable for any of your losses that are caused by any unauthorized use of your Account, you may be liable for the losses of MI or others due to such unauthorized use. If you suspect any unauthorized use of your Account or unauthorized access to your password, please contact MI immediately at [email protected]. You do not have the right to transfer your Account to any individual or entity, and MI reserves the right to remove or reclaim your Account if MI determines, in its sole discretion, that such action is appropriate under the circumstances. You agree that you will not create an Account for any individual other than yourself (or, if applicable, the entity you represent). As a Registered User, you agree that MI may electronically provide you (via email or postings or links on the site) with invoices, documents, notices, and other communications regarding the site, the services, and/or your use thereof, as well as special offers, promotions, commercial advertisements, marketing materials, etc. You agree that MI may send the foregoing communications to you via your Account or any email address(es) which you provide to MI as part of your Account registration or otherwise.

5. Use of the Site and Services

5.1. Generally.

5.1.1. You agree that you will use the Services solely in a manner consistent with this Agreement and the Master Injectors mission described above. You assume all risk when using the Site and the Services, and you acknowledge that Master Injectors cannot guarantee and does not promise any specific results from your use of the Site and the Services.

5.1.2. While some of the Services relate to legal, tax, investment or accounting matters, neither we nor any of the professionals providing such content are providing professional advice to you, and you acknowledge that there is no professional relationship (including without limitation any attorney-client relationship) between you and any of the same, unless you and such party specifically agree otherwise.

5.1.3. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Master Injectors is not authorized to provide such information or services. Some products and services described on the Site may not be available in all jurisdictions or to all users.

5.1.4. You represent and warrant to Master Injectors that: you own all rights in and to the content posted by you on, through or in connection with the Site or the Services (“User Content”), or otherwise have all the rights, power and authority legally required to grant Master Injectors the rights in your User Content pursuant to the TOS and the Additional Terms; and the posting of your User Content on or through the Site does not violate the TOS or violate the privacy rights, publicity rights, intellectual property rights (including, without limitation, copyrights and trademarks), contract rights or any other rights of any person or entity, whether or not such person or entity is depicted or appears/performs in your User Content. You agree that you are solely responsible for the User Content that you post on or through the Site and any material or information that you transmit to other users of the Site or the Services.

5.2. Technical Functions; Content.

You agree that Master Injectors has the right to perform all technical functions necessary to offer the Services, including, but not limited to, processing and transmitting email communications to and from you, and transcoding and/or reformatting your User Content. You do not have the right to use, copy or distribute any of the content posted on the Site, except as expressly authorized by the TOS and the Additional Terms. Any violation by you of the forgoing prohibitions may result in the termination of your Account and your right to use the Site and the Services.

5.3. Your Conduct When Using the Site and the Services.

5.3.1. As a condition of your access to the Site and use of the Services, you are prohibited from taking any action that would violate the content and conduct standards set forth in Section 6 below. In addition and not in limitation of the prohibited actions set forth in Section 6 below, you agree that you will not (a) employ any device, scheme, or artifice to defraud or (b) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

5.3.2. MI reserves the right, but is under no obligation or duty, to at any time, and without notice, monitor activity on the Site to determine compliance with the TOS or to comply with any law, regulation or authorized government request. You hereby specifically agree to such monitoring. In the event that MI does monitor the Site or the Services, MI makes no representation or warranty that MI will take any action whatsoever in connection with any of the monitored activities and MI assumes no liability with respect thereto.

5.4. Your Interactions with Other Users.

5.4.1. MI uses various techniques to verify the accuracy of the information provided by users. However, in view of the limitations in verification on the Internet, MI cannot confirm the identity of users. We encourage you to use the various tools and content available on the Site, as well as elsewhere, to evaluate the operators with whom you are dealing.

5.4.2. You acknowledge that there are risks of dealing with other operators acting under false pretenses, and you assume the risks of liability or harm of any kind in connection with transactions of any kind relating to services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of information about an operator or a business, breach of warranty, breach of contract, and violation of third-party rights and consequent claims. You agree that MI shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any transactions with others using the Site.

6. Prohibited Content/Conduct (Acceptable Use Policy)

As a condition of your access to the Site and use of the Services, you are prohibited from (i) posting, uploading, exhibiting, communicating or distributing content which violates any applicable laws, rules or regulations or which MI, in its sole and absolute discretion, deems to be inappropriate and (ii) engaging in conduct which violates any applicable laws, rules or regulations or which MI, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited content and prohibited conduct include, without limitation, the following:

• Posting, uploading or transmitting any content that violates any privacy right, publicity right, patent, trademark, trade secret, copyright or other proprietary right, or contract right or other right of any party;

• Posting, uploading or transmitting any content or engaging in any conduct that is offensive, harmful, threatening, abusive, harassing, defamatory, libelous, or obscene or that is unlawful in any manner or that degrades, intimidates, promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• Posting, uploading or transmitting any content that is pornographic or that exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence, or offensive subject matter or that contains a link to any of the foregoing types of content or to an adult website or in any way using the Site or the Services in connection with any adult entertainment or pornography business;

• Copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trademarks, etc.), creating derivative works from, or distributing in any manner or medium, any of the Master Injectors Intellectual Property (as defined below) or any content posted on the Site or through the Services in any manner that is in violation of these Terms or other applicable agreements;

• Impersonating any person or entity, or submitting any materials to the Site or through the Services that are false, inaccurate, deceptive, misleading, unlawful, or are otherwise in violation of the TOS or the Additional Terms, including, without limitation, utilizing misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any content transmitted to the Site or through the Services;

• Except as explicitly permitted by the TOS and Additional Terms, or otherwise pre-approved in writing by MI, engaging in any commercial activity on the Site or including any links to commercial services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or services;

• Interfering with any user’s right to privacy; soliciting or collecting user names, passwords, emails, personal identifying information or other information from any user; engaging in conduct that poses or creates a privacy or security risk to any person; or posting private information about a third party;

• Engaging in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, “junk mail,” “chain letters,” unsolicited mass mailing, “spimming,” or “spamming”;

• Engaging in any action or inaction that could disable, overload, impair the infrastructure of the Site or impair the proper functioning of the Site or the Services, including, without limitation, uploading, posting or otherwise transmitting any software or materials which contain a virus or other harmful or disruptive component; circumventing, altering or interfering with any computer software, or security-related features of the Site or the Services; or deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way utilized in connection with the Site or the Services;

• Accessing or attempting to access the Site or the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) or gaining, or attempting to gain, unauthorized access to any servers, computer systems or databases utilized in connection with the Site or the Services;

• Using the communication systems provided by the Master Injectors website for any solicitation or other commercial purposes, except as may be explicitly permitted by Master Injectors, the Additional Terms, or otherwise authorized by Master Injectors and the specific user, as applicable;

• Uploading, posting or transmitting any content that advocates or provides instruction on illegal activity or communicating on or through the Master Injectors website regarding illegal activities with the intent to commit them;

• Making any untrue statement of a material fact or omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, in connection with any service provided by Master Injectors; and 

• Engaging in any conduct that in Master Injectors’ sole discretion restricts or inhibits any other user from enjoying the use of the Master Injectors website or any of its services.

• Sharing illegal content or content that promotes illegal activities with the intent to commit such activities.

• Sharing content that contains credible threats or organizes acts of real-world violence.

• Harassing others. MI encourages commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.

• Violating intellectual property, privacy, or other rights.

• Spamming others.

• Doing anything that violates local, state, national, or international law or breaches any contractual obligation of any Agreement you have with Master Injectors.

• Sharing your password, allowing anyone besides you to use or access your account or doing anything that might put your account at risk.

• Attempting to access any other user’s account.

• Reproducing, transferring, selling, reselling, or otherwise misusing any content from our Services or MI Materials (as defined below), unless specifically authorized to do so.

• Accessing, tampering with, or using non-public areas of our systems, unless specifically authorized to do so.

• Breaking or circumventing our authentication or security measures or otherwise testing the vulnerability of our systems or networks, unless specifically authorized to do so.

• Trying to reverse engineer any portion of our Services or MI Materials (as defined below).

• Trying to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.

• Using our Services to distribute malware.

• Impersonating or misrepresenting your affiliation with any person or entity.

• Encouraging or help anyone do any of the things on this list.

• Visiting or using our Services or MI Materials (as defined below) for any form of content, data, or text scraping (including but not limited to screen scraping, web harvesting, or web data extracting) through manual, mechanical, or automated means including by the use of bots or other similar software.

• Using any content, data, or text in any form in the Services for text or data mining purposes, or developing or training any application, software, code, or data models including but not limited to generative artificial intelligence or other artificial intelligence and machine learning models irrespective of the purposes whether commercial or non-commercial.

• Otherwise violating this Agreement.

You specifically and express agree as a material term of this Agreement to refrain from, and not perform any, of the above actions, conduct, or items in the above list. Please note that specific offerings of Services or MI Materials (as defined below) may have additional rules and requirements.

7. Pricing and Payment

MI reserves the right to charge fees for use of the Site or specific Services, and may change the fees that it charges. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. You agree that, in addition to all other amounts payable under the TOS or the Additional Terms, you are responsible for paying all sales, use, value added or other taxes – federal, state or otherwise – however designated, that are levied or imposed by reason of your use of the Site and the Services. MI will charge the payment method you specify at the time of purchase. You authorize MI to charge all sums as described on the Site for the Services you select, to that payment method. If you pay any fees with a credit card, MI may seek pre-authorization of your credit card account prior to your transaction to verify that the credit card is valid and has the necessary funds or credit available to cover your transaction.

8. Proprietary Property

8.1. MI Proprietary Property. The Site and the Services are and contain proprietary property/content of MI (such as logos, copyrights, trademarks, technology, processes, etc.) (“MI Proprietary Property, “MI”, ”Intellectual Property”) which may be protected by copyright, trademark, patent, trade secret and other laws. MI owns and retains all rights in and to the MI Proprietary Property. MI and its licensors own and retain all right, title, and interest in and to the Site, Services, materials, all underlying technology used with or otherwise enabling the Services, and all software and content other than user-created content (which users own subject to the license granted to MI herein) available within the Services (collectively, “MI Materials”), including all associated trademarks, copyrights, and other intellectual property rights. Please be advised that MI has taken steps to obtain registered copyrights of its materials and/or has obtained registered copyrights, and will enforce all of its intellectual property rights to the fullest extent permitted by law. Nothing in these Terms transfers any such rights, title, or interest to you or any other user, and MI reserves all rights not expressly granted to you. All trademarks, service marks, trade names, logos, and graphics included within the Services (“Marks”) are registered or common law trademarks of MI and its licensors. “Master Injectors,” “Monarch Master Injectors,” “Monarch Injectors,” and the Master Injectors, Monarch Master Injectors, and Monarch Injectors’ logos, designs, and trade dresses are registered or common law trademarks of Master Injectors. MI hereby grants you a limited, revocable, nonsublicensable license to display and/or utilize the MI Proprietary Property solely for your use in connection with using the Site and the Services for the purposes (if any) authorized by the Terms of Service. Except as explicitly permitted in the TOS or any Additional Terms, you do not have the right to use the MI Proprietary Property for any commercial use or to receive any monetary or other compensation in connection with the MI Proprietary Property, , except as may be explicit permitted by the Additional Terms. Except as expressly provided by the TOS or the Additional Terms, your use of the MI Proprietary Property is strictly prohibited.

8.2. Third Party Proprietary Property. The Services may contain proprietary property/content provided by third party MI licensors (such as logos, copyrights, trademarks, etc.) (“Third Party Proprietary Property”). Unless otherwise expressly provided by the TOS or the Additional Terms, your use of the Third Party Proprietary Property is strictly prohibited.

8.3. Use of Proprietary Property. Unless expressly provided by the TOS or the Additional Terms, you may not copy, modify, edit, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any MI Proprietary Property, any Third Party Proprietary Property or any other content appearing on or through the Site. You acknowledge that MI is not responsible for, does not control and makes no representation or warranty regarding the reliability, accuracy, usefulness, safety, legitimacy or quality of any content. MI does not endorse any content on the Site or any statement, opinion, suggestion or advice contained therein, and MI expressly disclaims any and all liability in connection therewith. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of any content on the Site. You further understand and agree that in the course of your use of the Site and the Services, you may be exposed to content on the Site that is illegal, inaccurate, offensive, indecent or objectionable and you hereby waive, any legal or equitable rights or remedies you have or may have against MI with respect thereto.

8.4. MI’s Ownership Of The Services. MI and its licensors own and retain all right, title, and interest in and to the Site, Services, MI Materials, all underlying technology used with or otherwise enabling the Services, and all software and content other than user-created content (which users own subject to the license granted to MI herein) available within the Services, including all associated trademarks, copyrights, and other intellectual property rights. Nothing in these Terms transfers any such rights, title, or interest to you or any other user, and MI reserves all rights not expressly granted to you. All Marks are trademarks of MI and its licensors.

8.5. Limited License And Restrictions On Use. The Services, including all software, apps and other materials provided to you in connection with any Service are licensed, not sold. For the duration of your subscription or membership only (which is initiated through other agreements), MI grants you a limited, non-exclusive, non-transferable license to access and to use only the Service(s) and MI Materials you have purchased or to which you have subscribed, subject to your compliance with these Terms. You may not use the Services or MI Materials for any other purpose, without payment, or after you or MI terminates the relevant agreement(s) with MI.

Neither the Services and MI Materials, nor any portion thereof may be displayed, performed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose, except as may be explicitly permitted by the Additional Terms. You may not use any Marks without the prior written consent of MI. Any unauthorized use by you of the Services, MI Materials, Marks, MI Intellectual Property, or other intellectual property automatically terminates the license granted by MI under these Terms, any other relevant agreement(s) with MI and your right to use the Services.

You agree that any breach of your obligations with respect to MI’s and its licensors’ proprietary or intellectual property rights will result in irreparable injury to MI and its licensors for which money damages are inadequate, and you therefore agree that MI and its licensors shall be entitled to seek injunctive relief to address such breach, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

8.6. Prohibitions. You may not, and you represent, warrant, and agree that you will not:

1. Remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within the MI Materials.

2. Extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software underlying or otherwise used to provide the Services or any part thereof, except to the extent allowed by law notwithstanding this restriction.

3. Use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim, or otherwise violate any local, state, federal, or international law or regulation, including export control laws and regulations.

4. Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable content.

5. Upload, post, or otherwise transmit through, to or otherwise using the Services any content that infringes or violates any intellectual property right, publicity right, privacy right, or other right of any third party.

6. Upload, post, or otherwise transmit through, to or otherwise using the Services any content that contains any malware, viruses, spyware, worms, or other malicious code or files.

7. Disrupt the normal flow of communication in the Services or otherwise act in a manner that negatively affects any other users’ ability to use or benefit from the Services.

8. Interfere with or disrupt the Services or servers or networks connected to the Services, or violate any requirements, procedures, policies, or regulations of networks connected to the Services.

9. Access (or attempt to access) any part of the Services, MI Materials, or content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Services.

10. Use any content, data, or text in any form in the Services or MI Materials to text or data mine, or to develop or train any application, software, code, or data models, such as ChatGPT, large language models, convolutional neural networks, artificial intelligence applications or models, generative artificial intelligence models, generative pre-trained transformers, or other similar tools.

11. Use the Services for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of the Services by automated or other means; Impersonate or attempt to impersonate MI or a MI employee, another user, or any other person or entity, or post any information that misrepresents your identity, characteristics or qualifications or that any other person, including the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present.

12. Frame or mirror any part of the Services or MI Materials.

13. Use metatags or code or other devices containing any reference to MI or the Services in order to direct any person to any other website or services for any purpose.

14. Use the Services or MI Materials in a manner contrary to the educational or informational purpose

of the Services and MI Materials.

15. Otherwise use the Services or MI Materials in violation of these Terms.

8.7. License Granted By MI To You. Subject to these Terms, MI grants you a limited, personal, non- exclusive, non-transferable, and revocable license right to use our Services. The rights which may be explicitly granted through Additional Terms will be only for your sole, commercial purpose in the operation and/or management, or furtherance thereof, of a Medical Spa, unless you obtain MI’s written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by MI, and you will not share access to yout account or access information for your account with any third party. Using MI’s Services does not give you ownership of or any intellectual property rights in our Services, MI Materials, or the content you access.

8.8. Site Contents And Copyright. The MI Intellectual Property, including text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Services available through the Site and their arrangement on the Site are all subject to patent, copyright, trademark and other intellectual property protection. MI Intellectual Property may not be copied for commercial use or distribution, nor may MI Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without MI’s written permission, except as may be explicitly permitted by the Additional Terms. Access is granted to the Site solely for your use of Services and MI Materials for personal entertainment, information, education and communication with MI. If explicitly granted the rights to do so in the Additional Terms, you may only download copy or print the content of the Site for your sole, commercial purpose in the operation and/or management, or furtherance thereof, of a Medical Spa, unless you obtain MI’s written permission otherwise. No right, title or interest in any of the content of the Site or the MI Intellectual Property is transferred to you as a result of any downloading, copying, printing or use of the Site or the Services. All such rights in MI Intellectual Property not expressly granted by MI are reserved. You are not permitted to modify the paper or digital copies of MI Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

MI’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

If you print off, copy, download or otherwise use any part of the Site, our Services, or MI Materials in breach of these Terms and Conditions, your right to use the Site and such MI Materials and Services will cease immediately and you must, at MI’s option, return or destroy any copies of the MI Materials you have made.

If explicitly granted permission in the Additional Terms, the MI Materials and Services are provided for your sole, commercial purpose in the operation and/or management, or furtherance thereof, of a Medical Spa, unless you obtain MI’s written permission otherwise. You agree not to resell, copy, or redistribute our MI Materials, nor may you use it for any competitive or commercial purpose other than purposes specified herein or otherwise expressly granted in writing in a contract signed by both you and MI, including as may be provided in the Additional Terms.

9. Protecting Intellectual Property; Digital Millennium Copyright Act

9.1. General. Master Injectors specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Site or the Services any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Master Injectors’ policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers.

9.2. DMCA Notification. If you are a copyright owner or an agent thereof and believe that any content made available via the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Master Injectors’ copyright agent (“Copyright Agent”) with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit Master Injectors to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. The contact information for the Copyright Agent to receive notifications of claimed infringement is: Master Injectors; email: [email protected]. UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. We may, at our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of Master Injectors or others, whether or not there is any repeat infringement.

9.3. Counter-Notice. If you feel that any of your content was improperly removed or made unavailable to other users, please contact [email protected] via the contact information set forth above.

10. Links to Third Party Sites

The Site and the Services may contain links to independent third-party websites and/or services (collectively, “Linked Sites”). The Linked Sites are not under Master Injectors’ control, and Master Injectors does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Linked Sites. By accessing a Linked Site, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, terms, and other policies of the Linked Sites and to determine on your own whether or not you will have any interaction with any of the Linked Sites. Master Injectors encourages you not to provide any personally identifiable information to any Linked Site unless you know and are comfortable with the party with whom you are interacting. You agree that Master Injectors is not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Site or the Services.

11. Submitted Ideas/Feedback

All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered by you through the Site and the Services or in response to solicitations made through the Site or the Services (collectively, “Feedback”) is entirely voluntary and shall be deemed to be non-confidential and shall forever remain the sole property of MI. You understand and acknowledge that MI has both internal and external resources that may have developed, or may in the future develop, ideas, content, programming, etc. identical to or similar to your Feedback, and you agree that MI will not incur any obligation or liability to you or otherwise as a result of (i) any such similarities or (ii) MI’s review of any of the Feedback. MI shall exclusively own, throughout the universe in perpetuity, and you hereby irrevocably assign, all rights of every kind and nature (whether currently existing or hereafter developed) in and to the Feedback, and MI shall be entitled to unrestricted use of the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation and/or submission to MI of the Feedback. You hereby waive any and all of your rights of droit moral and similar rights with respect to the Feedback.

12. DISCLAIMER; EXCLUSION OF WARRANTIES

MI IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TOS OR THE ADDITIONAL TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF MI. UNDER NO CIRCUMSTANCES SHALL MI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES (WHETHER SUCH CONTENT VIOLATES THE TOS OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR FROM THE CONDUCT OF ANY USER OF THE SITE OR THE SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TOS OR ADDITIONAL TERMS, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE). MI EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW.

MI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. MI IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. MI DOES NOT GUARANTEE ANY RESULTS (SPECIFIC OR OTHERWISE) FROM YOUR USE OF THE SITE OR THE SERVICES AND MI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES OR THE INFORMATION OR SERVICES PROVIDED THEREBY WILL MEET YOUR REQUIREMENTS. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES. MI DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT MI SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

13. LIMITATION ON LIABILITY

IN NO EVENT SHALL MI, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, LICENSORS, SPONSORS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, TRAINERS, AGENTS, SPONSORS, PARTNERS, SUCCESSORS, OR ASSIGNS (“MI INDEMNITEES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITE OR THROUGH THE SITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF MI SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THROUGH THE SITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE SITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY LIMITATION OF LIABILITY IN THIS TOS OR ANY OTHER AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, BUT NO LIMITATION OF LIABILITY IN ANY AGREEMENT IS INTENDED TO LIMIT THE RIGHTS OF ANY PERSON UNDER FEDERAL AND STATE SECURITIES LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MI INDEMNITEES BE LIABLE FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (G) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; AND/OR (H) YOUR DATA, ANY INPUT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU ACKNOWLEGE THAT: (I) THE SITE, MI MATERIALS, AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; (II) THE SITE, MI MATERIALS, AND SERVICES MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; AND (III) SITE, MI MATERIALS AND/OR SERVICES AT THE SITE, MAY BE OR BECOME OUT OF DATE AND MI MAKES NO COMMITMENT TO UPDATE THE SITE OR SUCH MI MATERIALS OR SERVICES. MI ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, SITE, SERVICES, MI MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES, MI MATERIALS, AND PRODUCTS, ARE ALSO PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WITH ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, DISCLAIMED.

YOU AGREE THAT YOUR USE OF THE SITE, MI MATERIALS, AND SERVICES, IS AT YOUR OWN, SOLE DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM MI, OR THROUGH OR FROM THE SITE, SERVICES, OR MI MATERIALS, IF ANY, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY MI. MI DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE SITE, MI MATERIALS, OR SERVICES, BY YOU OR ANY OTHER USER OF THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOU AGREE AND ACKNOWLEDGES FOR HIMSELF/HERSELF/ITSELF AND ON BEHALF OF ANY COMPANY OR PERSON ON WHOSE BEHALF YOU ARE ACTING, THAT YOU ARE NOT RELYING, AND WILL NOT RELY, ON ANY REPRESENTATION MADE BY MI, AND THAT THE USE OF THE SITE, MI MATERIALS, AND SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES OF ANY TYPE AND AT YOUR SOLE RISK AND DISCRETION. YOU ALSO AGREE AND ACKNOWLEDGE FOR YOURSELF AND ON BEHALF OF ANY COMPANY OR PERSON ON WHOSE BEHALF YOU ARE ACTING, THAT TO THE EXTENT YOU RECEIVE ANY ADVICE THROUGH THE SERVICES, MI MATERIALS, OR SITE, THAT SUCH ADVICE IS INFORMATIONAL ONLY, DOES NOT CONSTITUTE MEDICAL, LEGAL, TAX, FINANCIAL, CAREER, OR OTHER PROFESSIONAL ADVICE, AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, CAREER, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU AGREE AND ACKNOWLEDGE FOR YOURSELF AND ON BEHALF OF ANY COMPANY OR PERSON ON WHOSE BEHALF YOU ARE ACTING, THAT MI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF ANY SERVICES, MI MATERIALS OR SITE, INCLUDING THAT USE OF THE SERVICES, MI MATERIALS, OR SITE WILL IMPROVE YOUR CAREER, BUSINESS, PRACTICES, OR OTHER MEASURES OF PERFORMANCE.

COOKIES DISCLAIMER: THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S).

“AS IS” AND WARRANTIES DISCLAIMER: EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, THE SERVICES, SITE, AND MI MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MI AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND ALL ASSOCIATED SOFTWARE, SERVICES, AND MI MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MI DOES NOT WARRANT THAT THE SERVICES, MI MATERIALS, OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, MI MATERIALS, AND SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, NEITHER MI, ITS LICENSORS NOR ANY CONTENT PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, MI MATERIALS, OR SERVICES, OR THAT THE USE OF THE SITE, MI MATERIALS, AND/OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.

LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MI, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AGENTS, CONTENT PROVIDERS AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE, MI MATERIALS, AND/OR SERVICES. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL MI, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AGENTS, CONTENT PROVIDERS OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, SERVICES, AND/OR MI MATERIALS, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 USD).

TIME LIMIT FOR CLAIMS: YOU AGREE THAT ANY TORT-BASED CAUSE OF ACTION RELATED TO THE SITE, SERVICES, OR MI MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AND ANY CONTRACT-BASED CAUSE OF ACTION RELATED TO THE SITE, SERVICES, OR MI MATERIALS MUST COMMENCE WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. THE CAUSES OF ACTION WILL ACCRUE AS OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST MI. OTHERWISE, SUCH CAUSES OF ACTION ARE PERMANENTLY BARRED.

ACKNOWLEDGMENT: YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MI, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO MI’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. UNENFORCEABILITY AND SEVERABILITY: IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS AND CONDITIONS, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS AND CONDITIONS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO MI WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

RELEASE: TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MI, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AGENTS, CONTENT PROVIDERS AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE, SERVICES, AND MI MATERIALS. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL MI, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AGENTS, CONTENT PROVIDERS OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, SERVICES, AND/OR MI MATERIALS, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 USD). IN NO EVENT SHALL MI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SITE, SERVICES, AND/OR MI MATERIALS, OR YOUR USE THEREOF (OR ANYONE’S USE BY, THROUGH, OR UNDER YOU) EXCEED FIFTY U.S. DOLLARS ($50) OR THE TOTAL AMOUNT OF FEES RECEIVED BY MI FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

STATE-SPECIFIC PROVISIONS:

FOR NEW JERSEY RESIDENTS: NOTHING HEREIN RESTRICTS YOUR ABILITY TORECOVER DAMAGES OR ATTORNEYS’ FEES WHERE MANDATED BY STATUTE.FOR TEXAS RESIDENTS: YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONSOF LIABILITY SET FORTH IN THIS AGREEMENT ARE ENFORCEABLE UNDER TEXASLAW AND ARE NOT UNCONSCIONABLE OR IN VIOLATION OF PUBLIC POLICY. YOUFURTHER AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THEBARGAIN BETWEEN YOU AND MI.

FOR CALIFORNIA RESIDENTS: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT DO NOT APPLY TO THE EXTENT PROHIBITED BY THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA). IN THE EVENT OF A DATA BREACH ARISING FROM MI’S FAILURE TO IMPLEMENT AND MAINTAIN REASONABLE SECURITY MEASURES, YOU MAY BE ENTITLED TO STATUTORY DAMAGES UNDER THE CCPA. NOTHING IN THIS LIMITATION OF LIABILITY CLAUSE SHALL BE CONSTRUED TO LIMIT OR WAIVE YOUR RIGHTS UNDER THE UNRUH CIVIL RIGHTS ACT.

FOR LOUISIANA RESIDENTS: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE ENFORCEABLE UNDER LOUISIANA LAW, SUBJECT TO THE PROVISIONS OF THE LOUISIANA CIVIL CODE AND THE LOUISIANA PRODUCTS LIABILITY ACT (LPLA). NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO LIMIT LIABILITY FOR INTENTIONAL OR GROSS FAULT, OR TO THE EXTENT PROHIBITED BY THE LPLA OR OTHER APPLICABLE LOUISIANA LAW.

FOR OKLAHOMA RESIDENTS: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE ENFORCEABLE UNDER OKLAHOMA LAW, PROVIDED THAT THEY ARE NOT FOUND TO BE DECEPTIVE OR UNFAIR UNDER THE OKLAHOMA CONSUMER PROTECTION ACT (OCPA). NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO LIMIT LIABILITY FOR WILLFUL OR WANTON MISCONDUCT, GROSS NEGLIGENCE, OR INTENTIONAL TORTS, AS PROHIBITED BY OKLAHOMA LAW. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY CLAUSE IS CONSPICUOUS AND HAS BEEN CLEARLY PRESENTED TO YOU.

FOR NEW MEXICO RESIDENTS: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE ENFORCEABLE UNDER NEW MEXICO LAW, PROVIDED THAT THEY ARE NOT FOUND TO BE UNCONSCIONABLE. NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO LIMIT LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS PROHIBITED BY NEW MEXICO LAW. FURTHERMORE, THIS CLAUSE DOES NOT WAIVE OR LIMIT ANY RIGHTS OR REMEDIES PROVIDED TO YOU BY NEW MEXICO STATUTES.

FOR ARKANSAS RESIDENTS: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE ENFORCEABLE UNDER ARKANSAS LAW, PROVIDED THAT THEY ARE NOT FOUND TO BE DECEPTIVE OR UNCONSCIONABLE UNDER THE ARKANSAS DECEPTIVE TRADE PRACTICES ACT (ADTPA). NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO LIMIT LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS PROHIBITED BY ARKANSAS LAW. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY CLAUSE IS CONSPICUOUS AND HAS BEEN CLEARLY PRESENTED TO YOU.

14. Liquidated Damages For Breach By You Or Third Parties

In the event that you or any third party who accesses the Services or MI Materials through your account breaches any term of these Terms and Conditions, you agree to pay MI liquidated damages in the amount of the greater of $5,000 or a reasonable estimate of potential damages for each such breach, at MI’s sole discretion. You acknowledge that the actual damages likely to result from a breach of these Terms and Conditions are difficult to estimate on the date that you entered into these Terms and Conditions and would be difficult for MI to prove. You and MI intend that your payment of liquidated damages would serve to compensate MI for any breach by you or a third party accessing the Services or MI Materials through your account, and they do not intend for it to serve as punishment for any such breach by you or such third parties. If you or any third party who accesses the Services through your account breaches any term of this Agreement on more than one occasion, you agree to pay MI the amount of liquidated damages multiplied by the number of such breaches.

Notwithstanding the foregoing, MI reserves the right, at its sole discretion, to pursue actual, economic, consequential, and punitive damages against you or any third party who accesses the Services through your account, if the aggregate of such damages exceeds the amount of liquidated damages specified above. In such an event, MI shall have the right to seek recovery of all such damages, including costs, expenses, and reasonable attorneys’ fees, as well as actual, general, economic, special, consequential, and punitive damages, in addition to the liquidated damages amount.

Furthermore, if the liquidated damages clause is found by a court of competent jurisdiction to be unenforceable, all other provisions of these Terms and Conditions shall survive and remain in full force and effect, and MI reserves the right to pursue all available remedies, including actual, general, economic, special, consequential, and punitive damages, as well as costs, expenses, and reasonable attorneys’ fees.

15. Governing Law; Disputes; Arbitration.

15.1. GOVERNING LAW; VENUE AND JURISDICTION; WAIVER OF JURY TRIAL; DISPUTE RESOLUTION. THE SERVICES AND ANY PRODUCT, GOOD, COURSE, RESOURCE, OR EVENT PROVIDED BY MASTER INJECTORS SHALL BE DEEMED SOLELY BASED IN THE STATE OF TEXAS AND ALL AGREEMENTS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. THE SERVICE SHALL BE CONSIDERED A PASSIVE ONE THAT DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER MASTER INJECTORS, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN TEXAS. THESE TERMS SHALL BE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. BOTH PARTIES ACKNOWLEDGE THAT THESE TERMS EVIDENCE A TRANSACTION INVOLVING INTERSTATE COMMERCE. NOTWITHSTANDING THE PRECEDING SENTENCES WITH RESPECT TO THE SUBSTANTIVE LAW GOVERNING THESE TERMS, THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1-16) (AS IT MAY BE AMENDED, “FAA”) SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THE ARBITRATION AGREEMENT DETAILED BELOW. THE FAA PREEMPTS ALL STATE LAWS (AND LAWS OF OTHER JURISDICTIONS) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN THE EVENT THAT THE FAA IS FOUND NOT TO APPLY TO ANY ISSUE ARISING FROM OR RELATING TO THE ARBITRATION AGREEMENT, THEN THAT ISSUE SHALL BE RESOLVED UNDER AND GOVERNED BY THE LAW OF THE U.S. STATE WHERE YOU RESIDE (IF APPLICABLE) OR THE JURISDICTION MUTUALLY AGREED UPON IN WRITING BY YOU AND MASTER INJECTORS. IF A LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER ANY AGREEMENT WITH MASTER INJECTORS, THEN YOU AND MI AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE COURTS AND FEDERAL COURTS LOCATED WITHIN HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF LITIGATING ANY DISPUTE. EACH OF YOU AND MI HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH ANY WEANSWER SERVICE AGREEMENT. FURTHER, EACH OF YOU AND MI HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND MI ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO THIS TOS. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN HARRIS COUNTY, TEXAS, FOR ANY ACTIONS FOR WHICH WE RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION. THIS IS TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS, AS SET FORTH IN THE ARBITRATION AGREEMENT BELOW, INCLUDING ANY PROVISIONAL RELIEF REQUIRED TO PREVENT IRREPARABLE HARM. YOU AGREE THAT HARRIS COUNTY, TEXAS, IS THE PROPER AND EXCLUSIVE FORUM FOR:

1. ANY APPEALS OF AN ARBITRATION AWARD

2. ANY TRIAL COURT PROCEEDINGS IN THE EVENT THAT THE ARBITRATION AGREEMENT BELOW IS FOUND TO BE UNENFORCEABLE THESE TERMS HAVE BEEN DRAFTED IN THE ENGLISH LANGUAGE, AND THIS ENGLISH LANGUAGE VERSION OF THE TERMS IS THE ORIGINAL, GOVERNING INSTRUMENT OF THE UNDERSTANDING BETWEEN YOU AND MASTER INJECTORS. IN THE EVENT OF ANY CONFLICT BETWEEN THE ENGLISH VERSION OF THESE TERMS AND ANY TRANSLATION, THE ENGLISH VERSION SHALL PREVAIL. THIS ARBITRATION AGREEMENT APPLIES TO AND GOVERNS ANY DISPUTE, CONTROVERSY, OR CLAIM BETWEEN YOU AND MASTER INJECTORS THAT ARISES OUT OF OR RELATES TO, DIRECTLY OR INDIRECTLY:

1. THESE TERMS, INCLUDING THE FORMATION, EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, VALIDITY, AND ENFORCEABILITY THEREOF

2. ACCESS TO OR USE OF THE SERVICE, INCLUDING RECEIPT OF ANY ADVERTISING OR MARKETING COMMUNICATIONS

3. ANY TRANSACTIONS THROUGH, BY, OR USING THE SERVICES OR PERFORMED, PURCHASED, SOLD, OR PROVIDED UNDER ANY AGREEMENT WITH MASTER

INJECTORS

4. ANY OTHER ASPECT OF YOUR RELATIONSHIP OR TRANSACTIONS WITH MASTER INJECTORS, DIRECTLY OR INDIRECTLY, AS YOU, A USER, A CONSUMER, A PARTICIPANT, OR A MEMBER EACH OF THE ABOVE IS REFERRED TO AS A “CLAIM,” AND COLLECTIVELY AS “CLAIMS.” THIS ARBITRATION AGREEMENT SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE OR AFTER YOUR CONSENT TO THESE TERMS. FURTHER, YOU AND US HAVE AGREED TO MANDATORY ARBITRATION (Section 15.3) AND A WAIVER OF A JURY TRIAL (Section 16, below) unless you opt out. This provision does not alter or modify the mandatory arbitration agreement and provisions herein, unless the entire arbitration agreement is found to be unenforceable and therefore null and void under Section 15.4, in which case the mandatory jurisdiction of this section will continue to control.

15.2. Disputes With Other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact on or through the Site or Services. You acknowledge and agree that you do not have the right to interfere with another users’ use of the Site or Services. You acknowledge and agree that MI has and reserves the right, but does not have the obligation, to become involved in any way with these disputes, including but not limited to addressing any interference with a user’s use of the Site or Services.

15.3. FURTHER PROVISIONS REGARDING DISPUTE RESOLUTION.

15.3.1. GENERALLY. IN THE INTEREST OF RESOLVING DISPUTES BETWEEN YOU AND MI IN THE MOST EXPEDIENT AND COST-EFFECTIVE MANNER, AND EXCEPT AS DESCRIBED IN SECTION 15.3.2 BELOW, YOU AND MI AGREE THAT EVERY DISPUTE BETWEEN YOU AND MI OR MI AFFILIATE ARISING IN CONNECTION WITH ANY AGREEMENT BETWEEN MI AND YOU OR THE MI AFFILIATE AND YOU WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, MAY ALLOW FOR MORE LIMITED DISCOVERY THAN IN COURT, AND CAN BE SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THIS AGREEMENT TO ARBITRATE DISPUTES INCLUDES ALL CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF ANY MASTER INJECTORS SERVICE AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A CLAIM ARISES DURING OR AFTER THE TERMINATION OF THIS TOS. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TOS, YOU AND MI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.3.2. EXCEPTIONS. DESPITE THE PROVISIONS OF SECTION 15.3.1, NOTHING IN ANY MASTER INJECTORS AGREEMENT WILL BE DEEMED TO WAIVE, PRECLUDE, OR OTHERWISE LIMIT THE RIGHT OF EITHER PARTY TO: (A) BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT; (B) PURSUE AN ENFORCEMENT ACTION THROUGH THE APPLICABLE FEDERAL, STATE, OR LOCAL AGENCY IF THAT ACTION IS AVAILABLE; (C) SEEK INJUNCTIVE RELIEF IN A COURT OF LAW; (D) TO FILE SUIT IN A COURT OF LAW TO ADDRESS AN INTELLECTUAL PROPERTY INFRINGEMENT CLAIM; OR (E) PURSUE ANY AVAILABLE REMEDIES UNDER FEDERAL OR STATE LAW.

15.3.3 ARBITRATOR. YOU ACKNOWLEDGE THAT THE SERVICES AND SITE ARE FOR BUSINESS USE. ANY ARBITRATION BETWEEN YOU AND MI MUST BE INITIATED AND MUST PROCEED UNDER THE FEDERAL ARBITRATION ACT (“FAA”), AND SUCH ARBITRATION IS GOVERNED BY THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES (COLLECTIVELY, “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THESE TERMS, AND WILL BE ADMINISTERED BY THE AAA. YOU AND MI EXPRESSLY AGREE TO MODIFY THE AAA RULES SUCH THAT EACH PARTY SHALL EQUALLY SPLIT THE FILING FEES, HEARING FEES, AND ARBITRATOR COMPENSATION, REGARDLESS OF ANY FEE SCHEDULE THAT MAY SPECIFY OTHERWISE. THE AAA RULES AND FILING FORMS ARE AVAILABLE ONLINE AT WWW.ADR.ORG, BY CALLING THE AAA AT 1-800-778- 7879, OR BY CONTACTING MI.

15.3.4 YOUR RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. AGREEING TO THIS ARBITRATION AGREEMENT (SECTION 15.3, INCLUDING ALL SUBSECTIONS THEREIN) (THE “ARBITRATION AGREEMENT”) IS NOT A MANDATORY CONDITION OF YOUR CONTRACTUAL RELATIONSHIP WITH US. IF YOU DO NOT WANT TO BE SUBJECT TO THIS ARBITRATION AGREEMENT, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT (SUBJECT TO THE LIMITATIONS SET FORTH IN SECTIONS 15.1-15.2 AND 15.4). TO DO SO, WITHIN 30 DAYS OF THE DATE THAT THIS AGREEMENT IS ELECTRONICALLY ACCEPTED BY YOU, YOU MUST REGISTER AN ACCOUNT WITH US AND THEN SEND AN ELECTRONIC EMAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO [email protected], STATING YOUR INTENT TO OPT OUT OF THIS ARBITRATION AGREEMENT, AS WELL AS YOUR NAME, THE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT, YOUR ADDRESS, AND THE CITY AND ZIP CODE IN WHICH YOU RESIDE. YOU AND MASTER INJECTORS EXPLICITLY AGREE THAT AN EMAIL SENT BY YOUR AGENT OR REPRESENTATIVE (INCLUDING YOUR COUNSEL) SHALL NOT BE EFFECTIVE, THAT YOUR EMAIL MAY OPT OUT YOURSELF ONLY, AND FURTHER, THAT ANY EMAIL THAT PURPORTS TO OPT OUT ANYONE OTHER THAN YOURSELF SHALL BE VOID AS TO ANY OTHERS. SHOULD YOU NOT OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THE 30-DAY PERIOD, YOU AND MASTER INJECTORS SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION AGREEMENT. YOU WILL NOT BE SUBJECT TO ACTIONS OF ANY RETALIATORY NATURE FOR EXERCISING YOUR RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. ANY OPT OUT OF THIS ARBITRATION AGREEMENT DOES NOT AFFECT THE VALIDITY OF ANY OTHER AGREEMENT OR ARBITRATION AGREEMENT BETWEEN YOU AND US. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT AND AT THE TIME OF YOUR RECEIPT OF THIS AGREEMENT YOU WERE BOUND BY AN EXISTING AGREEMENT TO ARBITRATE DISPUTES WITH US, THAT EXISTING ARBITRATION AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT. NEITHER YOUR ACCEPTANCE OF THIS AGREEMENT NOR YOUR DECISION TO OPT OUT OF THIS ARBITRATION AGREEMENT WILL AFFECT ANY OBLIGATION YOU HAVE TO ARBITRATE DISPUTES NOT SPECIFIED IN THIS ARBITRATION AGREEMENT PURSUANT TO ANY OTHER AGREEMENT YOU HAVE WITH US OR ANY OF OUR SUBSIDIARIES OR AFFILIATE ENTITIES. LIKEWISE, YOUR ACCEPTANCE OF, OR DECISION TO OPT OUT OF, ANY OTHER ARBITRATION AGREEMENT YOU HAVE WITH US OR ANY OF OUR SUBSIDIARIES OR AFFILIATE ENTITIES SHALL NOT AFFECT ANY OBLIGATION YOU HAVE TO ARBITRATE CLAIMS PURSUANT TO THIS ARBITRATION AGREEMENT.

15.3.5 NOTICE; PROCESS. A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND A WRITTEN NOTICE OF THE DISPUTE TO THE OTHER PARTY BY CERTIFIED U.S. MAIL OR BY FEDERAL EXPRESS (SIGNATURE REQUIRED) OR, ONLY IF SUCH OTHER PARTY HAS NOT PROVIDED A CURRENT PHYSICAL ADDRESS, THEN BY ELECTRONIC MAIL (“NOTICE”). MI’S ADDRESS FOR NOTICE IS MASTER INJECTORS, 6910 PLANTATION DR. | BAYTOWN, TX | 77523. THE NOTICE MUST: (A) DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE; AND (B) SET FORTH THE SPECIFIC RELIEF SOUGHT (“DEMAND”). THE PARTIES WILL MAKE GOOD FAITH EFFORTS TO RESOLVE THE CLAIM DIRECTLY, BUT IF THE PARTIES DO NOT REACH AN AGREEMENT TO DO SO WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, YOU OR MI MAY COMMENCE AN ARBITRATION PROCEEDING. DURING THE ARBITRATION, THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY YOU OR MI MUST NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR MAKES A FINAL DECISION AND AWARD, IF ANY. IF THE DISPUTE IS FINALLY RESOLVED THROUGH ARBITRATION IN YOUR FAVOR, YOU AGREE THAT MI WILL PAY AND YOU WILL ACCEPT, THE LOWEST OF THE FOLLOWING: (I) THE AMOUNT AWARDED BY THE ARBITRATOR, IF ANY; (II) THE LAST WRITTEN SETTLEMENT AMOUNT OFFERED BY MI IN SETTLEMENT OF THE DISPUTE PRIOR TO THE ARBITRATOR’S AWARD; OR (III) $1,000.00.

15.3.6 NO CLASS ACTIONS. YOU AND MI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND MI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

15.3.7 MODIFICATIONS TO THIS ARBITRATION PROVISION. IF MASTER INJECTORS MAKES ANY FUTURE CHANGE TO THIS ARBITRATION PROVISION, OTHER THAN A CHANGE TO MASTER INJECTORS’ ADDRESS FOR NOTICE, YOU MAY REJECT THE CHANGE BY SENDING US WRITTEN NOTICE WITHIN 30 DAYS OF THE CHANGE TO MASTER INJECTORS’ ADDRESS FOR NOTICE, IN WHICH CASE YOUR ACCOUNT WITH MASTER INJECTORS WILL BE IMMEDIATELY TERMINATED AND THIS ARBITRATION PROVISION, AS IN EFFECT IMMEDIATELY PRIOR TO THE CHANGES YOU REJECTED WILL SURVIVE.

15.4. Enforceability. If Section 15.3.6 is found to be unenforceable or if the entirety of Section 15.3 is found to be unenforceable, then the entirety of Section 15.3 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15.1 will govern any action arising out of or related to any agreement. If any part of Section 15.3 is found to be unenforceable and unless the entirety of 15.3 is found to be unenforceable, then to the extent permitted by law, the remainder of the Sections 15.3 shall be reformed to remain in full force and effect.

16. Waiver of Jury Trial

EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY, KNOWINGLY, VOLUNTARILY, INTENTIONALLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING, ACTION, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH: (A) THIS AGREEMENT OR ANY OTHER AGREEMENT, DOCUMENT, OR INSTRUMENT DELIVERED IN CONNECTION HEREWITH; (B) THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY; (C) THE USE OF THE SITE, SERVICES, INTELLECTUAL PROPERTY, AND/OR PARTICIPATION IN COURSES AND/OR EVENTS; (D) ANY NEGOTIATIONS, COMMUNICATIONS, OR DEALINGS RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY; OR (E) THE PERFORMANCE OF ANY PARTY HEREUNDER OR ANY CLAIMS (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ASSERTED BY ANY PARTY HEREUNDER OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY ACKNOWLEDGES AND AGREES THAT: (1) THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY OR PARTIES TO ENTER INTO THIS AGREEMENT AND TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED HEREBY; (2) IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH LEGAL COUNSEL OF ITS CHOICE; (3) IT HAS READ AND FULLY UNDERSTANDS THE CONSEQUENCES OF THIS WAIVER; (4) IT IS AWARE OF THE RECENT DECISIONS OF THE TEXAS SUPREME COURT, INCLUDING IN RE PRUDENTIAL INSURANCE COMPANY OF AMERICA, 148 S.W.3D 124 (TEX. 2004), AND ITS PROGENY, REGARDING THE ENFORCEABILITY OF CONTRACTUAL JURY WAIVERS UNDER TEXAS LAW; (5) IT UNDERSTANDS THAT IT HAS THE RIGHT UNDER THE TEXAS CONSTITUTION TO A TRIAL BY JURY, AND WITH FULL KNOWLEDGE AND UNDERSTANDING OF THIS RIGHT, IT IS HEREBY WAIVING THIS RIGHT; (6) THIS WAIVER IS MADE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY, AND NOT UNDER COERCION OR DURESS; (7) THIS WAIVER IS CONSPICUOUS, BEING SET FORTH IN CAPITAL LETTERS AND SEPARATELY FROM OTHER PROVISIONS OF THIS AGREEMENT; (8) THE WAIVER CONTAINED HEREIN SHALL APPLY TO ALL SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS OF THIS AGREEMENT, WHETHER OR NOT SUCH SUBSEQUENT AGREEMENTS EXPRESSLY REFERENCE THIS WAIVER; (9) IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS WRITTEN CONSENT TO A TRIAL BY THE COURT; AND (10) IF, NOTWITHSTANDING THIS WAIVER, A PARTY ATTEMPTS TO DEMAND A JURY TRIAL, THE OTHER PARTY OR PARTIES SHALL BE ENTITLED TO PURSUE ALL AVAILABLE REMEDIES, INCLUDING BUT NOT LIMITED TO SPECIFIC PERFORMANCE OF THIS WAIVER AND RECOVERY OF ATTORNEYS’ FEES AND COSTS INCURRED IN ENFORCING THIS WAIVER. THIS WAIVER SHALL BE INTERPRETED AND ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THIS WAIVER IS DETERMINED TO BE INVALID OR UNENFORCEABLE, SUCH DETERMINATION SHALL NOT INVALIDATE THE REMAINDER OF THIS WAIVER, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. EACH PARTY REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF ITS CHOICE THROUGHOUT THE NEGOTIATION AND EXECUTION OF THIS AGREEMENT AND THAT IT HAS EXECUTED THIS AGREEMENT, INCLUDING THIS WAIVER, WITH THE CONSENT AND BASED ON THE ADVICE OF SUCH INDEPENDENT LEGAL COUNSEL, OR THAT IT HAS HAD THE OPPORTUNITY TO SEEK SUCH REPRESENTATION AND ADVICE AND HAS VOLUNTARILY DECLINED TO DO SO.

17. Termination

You may terminate your account at any time by contacting MI at [email protected]. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of this TOS, your permission from MI to use the Services will terminate automatically. In addition, MI may in its sole discretion terminate your user account for the Site or Services or suspend or terminate your access to the Site or Services at any time for any reason or no reason, with or without notice. MI also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

18. Indemnity

You agree to defend Master Injectors, its officers, officers, directors, managers, owners, stockholders, members, agents, partners and employees and its subsidiaries, parent companies, affiliates, licensors and assignees and their respective officers, directors, managers, owners, stockholders, members, agents, partners and employees (the “MI Indemnitees”), from and against any and all claims, actions, suits, demands or other proceedings brought by or on behalf of any third party, and to indemnify and hold the MI Indemnitees harmless to the greatest extent possible from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees and attorney’s fees) arising from, out of, or related to: (i) your access to, or use of the, Site and the Services, including, without limitation, your participation in any course, event, or receipt of any Services as a Member, your performance of any Medical Spa services or your management or operation of a Medical Spa; (ii) a violation or breach by you, or any user of your account, of any provision of the Terms, including, without limitation, a breach of any of the representations, warranties or agreements set forth in the Terms; (iii) any content that you post on or through the Site or the Services; (iv) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (v) your violation of any third-party right, including, without limitation, any privacy right or MI Intellectual Property right; (vi) your violation of any applicable law; (vii) your willful misconduct; or (viii) any third party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s). This defense and indemnification obligation will survive following the termination of your use of the Site and the Services. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MI, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, INFORMATION PROVIDERS, AND SUPPLIERS, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH; (1) YOUR ACCESS OR USE OF THE SERVICES, MI MATERIALS, OR SERVICES ITEMS; (2) YOUR CONTENT; (3) YOUR USE OR ATTEMPTED USE OF THE SERVICES IN VIOLATION OF THESE TERMS AND CONDITIONS; (4) YOUR VIOLATION OF ANY LAW OR RIGHTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR (5) YOUR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS AND CONDITIONS AND YOUR USE OF OUR SITE OR ANY MI MATERIALS. MI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH MI IN ASSERTING ANY AVAILABLE DEFENSES.

19. Payment Functionality

We utilize Stripe Payment Services (“Stripe”) to facilitate payments. Stripe may use fraud prevention cookies to help detect potentially illegal or harmful use of their services. Stripe’s Cookies. In order to use the paid services of MI, you must allow Stripe to process payments due to MI and you must accept Stripe’s Terms of Service and Stripe’s Privacy Policy. You authorize MI to share your identity and account data with Stripe for the purposes of opening and supporting your Stripe account, and you are responsible for the accuracy and completeness of that data. You understand that some Stripe notifications may be sent by MI, not Stripe. As necessary, MI will provide customer support for your Stripe account activity and can be reached at [email protected].

20. Assignment

MI has the right to assign any agreement you enter into and any consent you provide, including but not limited to these Terms and Additional Terms, and/or its rights thereunder (collectively, “User Agreements”), in whole or in part, to any third party. You do not have the right to assign any agreement, except if and to the extent explicitly permitted in the Additional Terms. The failure of MI to exercise or enforce any right or provision of the User Agreements shall not operate as a waiver by MI of such right or provision. The section titles in the User Agreements are for convenience only and have no legal or contractual effect. The User Agreements operates to the fullest extent permissible by law. If any provision of the User Agreements are held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provision (i) is deemed severable from the User Agreements and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect and (ii) shall be limited or eliminated to the minimum extent necessary to comply with the applicable law. MI reserves all rights in and to the Site, including the Services and the other content posted thereon, unless otherwise expressly provided by this TOS or the Additional Terms. MI reserves the right to modify or discontinue any aspect of the Services at any time without prior notice and without any liability to you.

21. Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Site, Services and MI Materials (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, MI does not waive any rights to use similar or related Feedback previously known to MI, developed by our employees, contractors, or obtained from other sources.

22. Security

We care about the security of our users. While we work to protect the security of your account and related information, MI cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].

23. Third Party Content

Through the Services and Site, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. MI cannot guarantee that such third-party content, in the Services, Site, or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. MI disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.

24. Site Contents and Copyright.

The MI Intellectual Property, including text, trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Services available through our Site and their arrangement on our Site and within our Services, are all subject to patent, copyright, trademark and other intellectual property protection. MI Intellectual Property may not be copied for commercial use or distribution except as may be explicitly provided in the Additional Terms, nor may MI Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Access is granted to our Site solely for your use of Services and MI Materials for personal entertainment, information, education and communication with MI. You may download copy or print the content of our Site for your personal non-commercial use only; however, the Additional Terms may explicitly provide you with additional rights to use certain MI Intellectual Property for your sole, commercial purpose in the operation and/or management, or furtherance thereof, of a Medical Spa. No right, title or interest in any of the content of our Site or the MI Intellectual Property is transferred to you as a result of any downloading, copying, printing or use of our Site. All such rights in MI Intellectual Property not expressly granted by MI are reserved. You are not permitted to modify the paper or digital copies of MI Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

If you print off, copy, download or otherwise use any part of our Site or our Services or MI Materials in breach of these Terms and Conditions, your right to use our Site and such MI Materials and Services will cease immediately and you must, at our option, return or destroy any copies of the MI Materials you have made.

Our MI Materials and Services are provided for your personal use only. You agree not to resell, copy, or redistribute our MI Materials, nor may you use it for any commercial purpose other than purposes expressly granted in writing in a contract signed by both you and MI, including the Additional Terms.

25. Export Controls

By using our Services, Site or MI Materials, you are warranting that you are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable U.S. laws and regulations, or laws of your local jurisdiction, preventing MI from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited. By using our Services, Site or MI Materials, you are warranting that you are not named on, or controlled by anyone named on, any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you, or a party exercising control over you, are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services or MI Materials to any country against which the U.S. has embargoed goods or services, or to an entity or person on any Sanctions List, or otherwise use the services in a manner that would be in violation of applicable laws.

You understand and acknowledge that the Service may be subject to export control laws and regulations, and you hereby agree to comply with all applicable import, export, re-export control, trade, and economic sanctions laws and regulations, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department; furthermore, you represent and warrant that neither you, nor any person to whom you make the Service available or who is acting on your behalf, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region. Notwithstanding anything to the contrary in these Terms and Conditions, MI may suspend performance of or terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section or if the continued provision of our Services to you may, in our sole discretion, result in our commercial or reputational harm.

26. Your Additional Responsibilities.

You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify MI immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of the Site, Services, or MI Materials that is known or suspected by you. MI shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by MI, or any transactions entered into through the Service or failure to abide by these Terms and Conditions.

27. Compliance with Laws; Prohibited Activities.

You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Services, Site or MI Materials. Without limiting the foregoing, you shall not use the Site to: (a) upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content); (b) knowingly include or use any false or inaccurate information in any profile; (c) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (d) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (e) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (f) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including without limitation trademark, trade secret, copyright or right of publicity; (g) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (h) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (i) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means or circumvent, disable, or otherwise interfere with security-related features on the Site; (j) harass or interfere with another user’s use and enjoyment of the Site; (k) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devises, or providing pirated content or links to pirated content files; (l) attempt to probe, scan, or test the vulnerability of any system or network operated by MI, or breach or impair or circumvent any security or authentication measures protecting the Site; (m) use the Site in any way that competes with MI, or (n) encourage, collaborate, or instruct any other person or entity to do any of the foregoing. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site or any Service, or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, MI RESERVES THE RIGHT, IN ADDITION TO ITS OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW. MI FURTHER RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE ANY USER ACCOUNT THAT MI, IN ITS SOLE DISCRETION, DETERMINATES HAS VIOLATED ANY OF THE ABOVE LISTED TERMS AND CONDITIONS.

28. Transfer of Rights and Obligations

These Terms and Conditions and any contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or a contract, or any of our rights or obligations arising under them, at any time.

29. Waiver

If we fail, at any time during the term of a contract between you and us, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. The failure of MI to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. No waiver of any term of these Terms by MI shall be deemed a further or continuing waiver of such term or any other term.

30. Severability

If any of these Terms and Conditions or any provisions of a contract between you and us are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

31. Notice and Consent to Electronic Communications.

When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e- mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures. In order to receive the electronic confirmation of your purchases, you must have access to a personal computer with a 128-bit javascript enabled browser, internet access and a valid electronic mail account supported by software that enables you to receive electronic communications. In order to store electronic communications from us, you will need a printer connected to your computer or a hard drive or disk drive to download the electronic confirmation communication for storage on your computer.

32. Third Parties.

Nothing contained herein shall in any way limit the rights or activities of either you or us to deal directly with any third party so long as it complies with its obligations hereunder. If any one or more provisions of these Terms are determined to be invalid, illegal or unenforceable in any respect, the remaining provisions of these Terms shall remain in effect and shall not be affected by such invalidity, illegality or

unenforceability.

33. No Partnership or Joint Venture.

Nothing in these Terms is intended to constitute, create, give effect to, or otherwise recognize a joint venture, partnership, principal-agent relationship, employment relationship, vice principal relationship, or other form of business organization of any kind and the rights and obligations of the parties hereto shall be only those expressly set forth herein.

34. Assignment.

These Terms are personal to you and you may not assign them or your rights or obligations under them to anyone. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. MI may assign its rights and obligations, or these Terms, in whole or in part.

35. Force Majeure.

MI shall not be liable for any failure or delay in the Services or the performance of its obligations due to causes beyond its reasonable control, including but not limited to, epidemic or pandemic, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather, pandemic, epidemic, or other disaster.

36. Merger Clause; No Reliance

These Terms, along with any applicable order, applicable country or territory-specific terms constitute the entire understanding between the you and MI pertaining to the Services, and any other prior or contemporaneous written or oral agreements between us are expressly superseded. Any FAQs or similar documents included in or associated with the Site or Services are for informational purposes only and are not deemed to be part of these Terms. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of these Terms and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing. You warrant and represent that you are not relying upon any understanding, representation, or promise made or allegedly made by MI that is not contained within these Terms or any other written contract signed by both you and MI. We each acknowledge that, in entering into a contract and these Terms, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract and these Terms except as expressly stated in these Terms. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of your receipt of these Terms or any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

37. Governing Law and Venue

The Services and Site are managed by MI, located in Chambers County, Texas. You agree that these Terms will be governed by the laws of the State of Texas, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and MI will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Harris County, Texas, as the legal forum for any such dispute. FURTHER, YOU AND US HAVE AGREED TO MANDATORY ARBITRATION (Section 15.3 above) AND A WAIVER OF A JURY TRIAL (Section 16, above) unless you opt out. This provision does not alter or modify the mandatory arbitration agreement and provisions herein. These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. All disputes arising out of or relating to these Terms, including all intellectual property issues and your rights and obligations, shall be governed by the laws identified below (without regard to any conflicts of laws rules) and shall be subject to exclusive jurisdiction as set forth below, based on your country of residence. You and Master Injectors waive any objection to the identified venue or jurisdiction listed above.

38. Not Construed Against Drafter.

The parties acknowledge and agree that these Terms shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction that any ambiguity or uncertainty in an agreement be construed against the party drafting the clause shall not apply to the interpretation of these Terms.

39. Confidential Information

The Services may include non-public, proprietary, or confidential information of Master Injectors (“Confidential Information”). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.

40. Survival

The sections of these Terms that by their nature should survive termination shall survive any termination of this Agreement or the relationship between you and Master Injectors, including Sections 1-41 of these Terms.

41. Contacting MI; Reporting of Violations

You may contact MI at [email protected]. Please report any misuse of the Site or the Services or any violation of the Terms by sending an email to MI at [email protected].