KLEANKARS, INC.

Terms of Use for KleanKars Websites and Mobile Applications

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and KleanKars, Inc. (“Company”, “we” or “us”). The following terms and conditions, together with any policies and documents (including, but not limited to, the end user license agreements) they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any of the Company’s websites (including, but not limited to, www.KleanKars.com) and mobile applications (including, but not limited to, the KleanKars Buddy mobile app and the KleanKars Customer mobile app), including, but not limited to, any and all content, functionality, and services offered on or through such websites and mobile applications (collectively, the “KleanKars Services”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use KleanKars Services. By using the KleanKars Services or by clicking to accept the KleanKar Customer EULA (as defined below) and/or, as appropriate, the KleanKars Buddy EULA (as defined below), you accept and agree to be legally bound and abide by (i) these Terms of Use; (ii) our Privacy Policy, found at http://kleankars.com/privacy; (iii) our Copyright Policy, found at http://kleankars.com/copyright; and (iv) for KleanKars customers, our KleanKars Customer Mobile Application End User License Agreement, found at http://kleankars.com/customereula (the “KleanKars Customer EULA”), and/or, as appropriate, for KleanKars Buddy contractors, our KleanKars Buddy Mobile Application End User License and Independent Contractor Agreement, found at http://kleankars.com/buddyeula (the “KleanKars Buddy EULA”), all of which are incorporated herein by reference in their entirety. If you do not want to agree to these Terms of Use, Privacy Policy, Copyright Policy, or, as appropriate, the KleanKars Customer EULA or KleanKars Buddy EULA, you must not access or use the KleanKars Services.

The KleanKars Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions, and to users that have legal capacity to form a binding contract. By using any of KleanKars Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the KleanKars Services.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. We may attempt to provide notice of any changes to our Terms of Use; however, should we be unable to provide such notice, any revisions and updates to our Terms of Use are binding against you as it is your responsibility to stay current as to our Terms of Use. All changes are effective immediately when we post them, and apply to all access to and use of the KleanKars Services thereafter. However, any changes to the dispute resolution provisions set out in the section entitled “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Company’s website.

Your continued use of the KleanKars Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Accessing the KleanKars Services and Account Security

We reserve the right to withdraw or amend the KleanKars Services, and any service or material we provide through the KleanKars Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the KleanKars Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the KleanKars Services, or the entire KleanKars Services (whether such be to the website or any of its mobile applications), to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the KleanKars Services.
• Ensuring that all persons who access the KleanKars Services through your internet connection are aware of these Terms of Use and comply with them.

To access the KleanKars Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the KleanKars Services that all the information you provide on the Company’s website and mobile applications are correct, current, and complete. You agree that all information you provide to register with KleanKars Services or otherwise, including, but not limited to, through the use of any interactive features on KleanKars Services, is governed by our Privacy Policy, which can be found at http://kleankars.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the KleanKars Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

All KleanKars Services and their entire contents, features, and functionality (including, but not limited to, all information, software, programs, source code, patches, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the KleanKars Services for your personal and/or commercial use, as applicable. For personal use, you must read and agree to be legally bound by the KleanKars Customer End User License Agreement (termed as the “KleanKars Customer EULA” earlier in these Terms of Use), which can be found at http://kleankars.com/customereula. For commercial use, which is strictly limited to registering as a KleanKars Buddy and operating as an independent contractor performing certain approved, permitted services, you must read and agree to be legally bound by the KleanKars Buddy End User License and Independent Contractor Agreement (termed as the “KleanKars Buddy EULA” earlier in these Terms of Use), which can be found at http://kleankars.com/buddyeula. Any commercial or business use of KleanKars Services without accepting and adhering to the KleanKars Buddy EULA is strictly prohibited and a material violation of these Terms of Use and other policies and procedures of the Company and may result in legal action and seeking legal remedies and relief against you.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our KleanKars Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• As applicable, (i) for personal, non-commercial use, you may print or download one copy of a reasonable number of pages/materials of the KleanKars Services and not for further reproduction, publication, or distribution; or (ii) for KleanKars Buddy EULA registrants, you may print or download copies of a reasonable number of pages/materials of the KleanKars Services so long as you fully comply with all terms and conditions of the KleanKars Buddy EULA and any other Company policies and procedures and not for further reproduction, publication, or distribution.
• In order to download our desktop, mobile, or other applications, you may download a single copy to your computer, smartphone, or other mobile device subject to the following conditions: (i) for personal users, solely for your own personal, non-commercial use, provided you agree to be bound by our KleanKars Customer End User License Agreement (found at http://kleankars.com/customereula); or (ii) for commercial users, so long as you fully comply with all terms and conditions of the KleanKars Buddy EULA (found at http://kleankars.com/buddyeula) and any other Company policies and procedures.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from our website(s) or mobile applications.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Unless you have read, accepted and fully comply with the KleanKars Buddy EULA, you must not access or use for any commercial purposes any part of the KleanKars Services or any services or materials available through the KleanKars Services.

If you wish to make any use of material on the KleanKars Services other than that set out in this section, please address your request to: KleanKars Customer Service at customerservice@KleanKars.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the KleanKars Services in breach of these Terms of Use, your right to use KleanKars Services will stop immediately and you must, at our option, return or destroy any and all materials, products, deliverables, consumables, manuals or other things of value, as well as any copies thereof, that you have received from KleanKars or that you have made. No right, title, or interest in or to the KleanKars Services or any content on the KleanKars Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of KleanKars Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate applicable laws including, but not limited to, copyright, trademark, and other laws.

5. Trademarks

The Company name, the terms KleanKars Buddy(ies), KleanKars Customers, KleanKars Kits, and similar terms incorporating the KleanKars name, the Company logos, and all related names, logos, product and service names, designs, trademarks, trade dress, service marks, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, trademarks, trade dress, service marks, and slogans on KleanKars Services are the trademarks of their respective owners.

6. Prohibited Uses

You may use the KleanKars Services only for lawful purposes and in accordance with these Terms of Use, THE Privacy Policy, the Copyright Policy and, as appropriate, the KleanKars Customer EULA and/or the KleanKars Buddy EULA. You agree not to use the KleanKars Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions, standards, end user license agreements, or other policies and procedures of Company, including, but not limited to, those terms set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company; a Company employee, contractor, or affiliate; another user; or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To damage, improperly deprive of use, convert, or otherwise harm the goodwill, services, materials, or products provided by and of the Company.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of KleanKars Services, or which, as determined by us, may harm the Company or users of KleanKars Services or expose them to liability.

Additionally, you agree not to:

• Use KleanKars Services in any manner that could disable, overburden, damage, or impair our website(s) or mobile applications or interfere with any other party’s use of KleanKars Services, including, but not limited to, their ability to engage in real time activities through KleanKars Services.
• Use any robot, spider, or other automatic device, process, or means to access KleanKars Services for any purpose, including, but not limited to, monitoring or copying any of the material on the KleanKars Services.
• Use any manual process to monitor or copy any of the material on the KleanKars Services or for any other unauthorized purpose without our prior written consent, which may be withheld in our sole discretion.
• Use any device, software, or routine that interferes with the proper working of KleanKars Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of KleanKars Services, the server on which KleanKars Services are stored, or any server, computer, or database connected to KleanKars Services.
• Attack KleanKars Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of KleanKars Services.

7. User Contributions

KleanKars Services may contain message boards, chat rooms, social media links, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the KleanKars Services.

All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the KleanKars Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and permitted assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use and any other third party terms of use applicable to such User Contributions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the KleanKars Services.

8. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the KleanKars Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including, but not limited to, their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the KleanKars Services.
• Terminate or suspend (for any length of time or indefinitely) your registration with and/or access to all or part of the KleanKars Services for any or no reason with or without notice, including, but not limited to, any violation (or suspected violation) of these Terms of Use, the Privacy Policy, the Copyright Policy, or, as appropriate, the KleanKars Customer EULA or the KleanKars Buddy EULA, or any other Company policies and procedures.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the KleanKars Services. YOU WAIVE, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, ATTORNEYS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH OTHER PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the KleanKars Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including, but not limited to, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, found at http://kleankars.com/privacy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy, found at http://kleankars.com/copyright, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through KleanKars Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to KleanKars Services, or by anyone who may be informed of any of its contents.

KleanKars Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the KleanKars Website(s) or Mobile Applications

We may update the content of our KleanKars Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the KleanKars Services may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to the KleanKars Services

All information we collect though KleanKars Services is subject to our Privacy Policy, found at http://kleankars.com/privacy. By using KleanKars Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services formed through the KleanKars Services or resulting from visits made by you are governed by our end user license agreements. More specifically, all purchases by a KleanKars Buddy user is subject to the terms and conditions contained in the KleanKars Buddy EULA (found at http://kleankars.com/buddyeula), and all purchases by a KleanKars customer user are subject to the terms and conditions contained in the KleanKars Customer EULA (found at http://kleankars.com/customereula), both of which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of KleanKars Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

15. Linking to Social Media Features

You may link to our homepage or mobile applications, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld in our sole discretion.

KleanKars Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites or mobile applications to certain content on our KleanKars Services.
• Send emails or other communications with certain content, or links to certain content, using our website(s) or mobile applications.
• Cause limited portions of content on our website(s) or mobile applications to be displayed or appear to be displayed on your own or certain third-party websites or mobile applications.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any KleanKars Services that is not owned by you.
• Cause the KleanKars Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the KleanKars Services other than the homepage and our mobile applications.
• Otherwise take any action with respect to the materials of our KleanKars Services that is inconsistent with any other provision of these Terms of Use.

All KleanKars Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

16. Links from Our Website(s) or Mobile Applications

If any of KleanKars Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or applications linked to our KleanKars Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites and applications.

17. Geographic Restrictions

KleanKars, Inc. is based in the state of Texas in the United States. We provide KleanKars Services for use only by persons located in the United States. We make no claims that the KleanKars Services or any of its content is accessible or appropriate outside of the United States. Access to KleanKars Services may not be legal by certain persons or in certain countries. If you access KleanKars Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Furthermore, the Company reserves the right, in its sole discretion, to add, remove, suspend, or otherwise modify the KleanKars Services offered and the locations where any such services are offered throughout the United States for any and all reasons with or without notice.

18. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE, MAKE ANY REPRESENTATIONS ABOUT, OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR MOBILE APPLICATION OR ANY KLEANKARS SERVICES WILL BE FREE OF DEFECTS, VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST OR DAMAGED DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE, ATTACK, VIRUSES, MALWARE, RANSOMWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, SMARTPHONE OR OTHER MOBILE EQUIPMENT AND ITS OR THEIR PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF THE KLEANKARS SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY KLEANKARS SERVICES LINKED TO IT.

YOUR USE OF KLEANKARS SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLEANKARS SERVICES IS AT YOUR OWN RISK. THE KLEANKARS SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS AND DEFECTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE KLEANKARS SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY OF THE KLEANKARS SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, RANSOMWARE OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE KLEANKARS SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND AND CHARACTER, WHETHER EXPRESS OR IMPLIED, STATUTORY, CONTRACTUAL, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

ANY PART OF THE FOREGOING DOES NOT AFFECT ANY SPECIFIC STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE LICENSORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ATTORNEYS, ACCOUTNANTS, EMPLOYEES, AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND AND CHARACTER, UNDER ANY LEGAL THEORY (IN CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF, RELATED TO OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE KLEANKARS SERVICES, ANY KLEANKARS SERVICES OR THIRD-PARTY SERVICES LINKED TO IT, ANY CONTENT, MATERIAL OR PRODUCTS RELATED TO KLEANKARS SERVICES OR ANY OTHER COMPANY SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS/PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR COST OF SUSBTITUTE GOODS OR SERVICES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND SOLELY WITH RESPECT TO DIRECT DAMAGES, THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THE KLEANKARS SERVICES IS LIMITED TO NO MORE THAN THE AMOUNT OF FEES ACTUALLY RECEIVED BY YOU AS CONSIDERATION FOR THE KLEANKARS SERVICES GIVING RISE TO SUCH CLAIMS DURING THE SIX MONTH (6) PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE.

ANY PART OF THE FOREGOING DOES NOT AFFECT ANY SPECIFIC STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, subsidiaries, and licensors, and its and their respective owners, officers, directors, employees, contractors, agents, attorneys, licensors, suppliers, successors, and permitted assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, in connection with or relating to your violation of these Terms of Use, the Privacy Policy, the Copyright Policy and, as appropriate, the KleanKars Customer EULA and/or KleanKars Buddy EULA, and your use of (or inability to use) any of the KleanKars Services, including, but not limited to, your User Contributions, any use of the KleanKars Services’ content, services, and products or your use of any information obtained from KleanKars Services or the Company.

21. Governing Law and Jurisdiction

All matters relating to KleanKars Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the KleanKars Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THESE TERMS OF USE OR ANY OF THE KLEANKARS SERVICES AND ITS POLCIES AND PROCEDURES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect, and in lieu of such illegal, invalid or unenforceable term or provision, there shall be added automatically as a part of these Terms of Use a legal, valid and enforceable term or provision as similar in terms to such illegal, invalid or unenforceable term or provision as may be possible, and each affected party requests the court to whom disputes relating to these Terms of Use are submitted to reform the otherwise unenforceable term or provision in accordance with this section.

24. Entire Agreement

These Terms of Use and our Privacy Policy, Copyright Policy and end user license agreements constitute the sole and entire agreement between you and KleanKars regarding the KleanKars Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the KleanKars Services. In the event of any conflict, contradictory or inconsistent terms, the following hierarchy of authority shall control and govern: first, the applicable end user license agreement and its terms (i.e., for matters related to the Company’s independent contractors, the KleanKars Buddy EULA, and for matters related to Customers, the KleanKars Customer EULA); second, these Terms of Use; third, the Privacy Policy; fourth, the Copyright Policy; and fifth, any other policy or document related to the subject matter at issue.

25. Contact KleanKars

The KleanKars Services are operated by KleanKars, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, located at http://kleankars.com/copyright, in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the KleanKars Services should be directed to: KleanKars Customer Service at customerservice@KleanKars.com.