TERMS OF USE

Be Jane Inc. provides its Sites and services to you, the user, subject to the following notices, terms, and conditions ("Terms of Use"). Be Jane Inc. is owned and operated by Be Jane Inc., Inc. When applicable under the circumstances, references to Be Jane Inc. shall be deemed references to Be Jane Inc., Inc.

1. Acceptance. Use of Be Jane Inc.'s service is subject to the following Terms of Use. Please read the Terms of Use carefully before using any of Be Jane Inc.'s Sites or services, as your use of Be Jane Inc.'s Sites or services signifies your assent to be bound by these terms.

2. Submission of Content. You understand that all reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, and images, information, data, graphics, software, messages or other materials (collectively, "Content") appearing on or submitted to Be Jane Inc.'s Sites and services is the responsibility of the person or entity originating such Content. By submitting Content to Be Jane Inc.'s Sites or services ("User's Content"), you warrant that: (a) you are the owner of such User's Content, or have been granted all the rights necessary from the User's Content owner to submit such User's Content to Be Jane Inc.'s Sites or services, and (b) the use of such User's Content by Be Jane Inc.'s Sites and services will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting User's Content to Be Jane Inc.'s Sites or services, you automatically grant to Be Jane Inc. (or warrant that the User's Content owner has granted to Be Jane Inc.), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such User's Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you or the third party.

3. Copyright, Restrictions on Use. All Content contained in Be Jane Inc.'s Sites and service is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by Be Jane Inc., its licensors, or third parties whether or not indicated ("Site Content"). You acknowledge that Be Jane Inc.'s Sites services and any underlying technology used in connection with its Sites and services contain proprietary and confidential information of Be Jane Inc., its licensors, or third parties. You may not copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, except as licensed herein, or in any manner commercially exploit any part of Be Jane Inc.'s Sites or services. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content or portion of Be Jane Inc.'s Sites and services.

4. License. Be Jane Inc. hereby grants to you a non-exclusive non-transferable license to use Be Jane Inc.'s Sites and services and the information contained therein for non-commercial use only. The license will not terminate so long as you, the Licensee, comply with the Terms of Use of this Agreement.

5. Trademarks. Be Jane Inc. is a service mark of Be Jane Inc., Inc. All rights reserved. This and other Be Jane Inc. service marks, trademarks, logos, and trade names may not be used without the prior written consent of Be Jane Inc.. Third party trademarks, service marks, logos, and trade names appearing on Be Jane Inc.'s Sites or services are the property of their respective owners.

6. Changes to Be Jane Inc.'s Sites, Services or Terms of Use. Be Jane Inc. may modify, suspend or discontinue any portion or service of Be Jane Inc.'s Sites or services at any time, with or without notice. These Sites and services are currently accessible to users without charge, however Be Jane Inc. reserves the right to charge for one or more portions of its Sites and services in the future. (Be Jane Inc. will notify you of any fees associated with any portion of its Sites or services, and require you to subscribe to such portion of those Sites or services, prior to charging you any fees.) Be Jane Inc. reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting by Be Jane Inc. of the modified Terms of Use. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of Be Jane Inc.'s Sites or services shall be deemed your acceptance of the modified Terms of Use. You agree that the above-listed standard for notice of changes is reasonable.

7. Inappropriate Posting or Transmission. You are prohibited from posting on or transmitting through Be Jane Inc.'s Sites or services, without limitation, any unlawful, threatening, harassing, damaging, abusive, defamatory, obscene, racially, ethnically discriminatory, or otherwise inappropriate material. You are prohibited from posting on or transmitting through Be Jane Inc.'s Sites or services any material that would constitute or promote a criminal or civil offense, or otherwise violate any local, state, national or international law. Be Jane Inc., however, does not ensure removal of inappropriate Content after posting. Neither Be Jane Inc. nor its officers, directors, shareholders, employees, agents, or affiliates assume liability for any action or inaction with respect to conduct or Content posted on or transmitted through any of Be Jane Inc.'s Sites or services.

8. Failure to Comply with Terms of Use. You acknowledge and agree that Be Jane Inc. may suspend or terminate your use of all or part of its Sites or services and/or deny you access to all or part of its Sites or services, without prior notice, if you engage in any conduct that Be Jane Inc. believes, in its sole discretion: (a) violates any term or provision of the Terms of Use, (b) violates any rights of Be Jane Inc. or third parties, (c) or is otherwise inappropriate for continued access and use of Be Jane Inc.'s Sites or services. In addition, Be Jane Inc. reserves the right to terminate inactive membership accounts. You agree that upon termination for any reason, Be Jane Inc. may delete all information related to your account and may bar your access to your account and Be Jane Inc.'s Sites or services.

9. Termination. You may discontinue your participation in and access to Be Jane Inc.'s Sites or services at any time. The Terms of Use will continue to apply to all past use of Be Jane Inc.'s Sites or services by you even if you are no longer using those Sites or services.

10. Links. Be Jane Inc.'s Sites or services contain advertisements and links to web sites operated by third parties. Be Jane Inc. is not responsible for the Content of those web sites or for your transactions with them. Inclusion of advertisements or links to such web sites does not imply any endorsement of the material on such web sites by Be Jane Inc..

11. Disclaimer. BE JANE INC.'S SITES AND SERVICES ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Be Jane Inc. AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH Be Jane Inc.'S SITES, SERVICES AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Be Jane Inc. DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES OFFERED, REVIEWED, AVAILABLE, OR ADVERTISED THROUGH ITS SITES OR SERVICES. IN ADDITION, ALTHOUGH Be Jane Inc. INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO ITS SITES OR SERVICES, Be Jane Inc. DOES NOT WARRANT THAT ITS SITES OR SERVICES, OR CONTENT CONTAINED IN ITS SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH ITS SITES OR SERVICES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. Be Jane Inc. DISCLAIMS ALL LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL Be Jane Inc. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE Be Jane Inc.'S SITES OR SERVICES, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON Be Jane Inc.'S SITES OR SERVICES; EVEN IF Be Jane Inc. OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, Be Jane Inc. DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR "HACKERS") OF ITS SITES OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Sites and Services Information Disclaimer. Information provided on Be Jane Inc.'s Sites and services are for informational purposes only. Because Be Jane Inc. cannot anticipate all issues related to your specific situation or project, the information on its Sites or services is not a substitute for professional advice and does not constitute professional advice for your projects' purposes. Be Jane Inc.'s Sites or services must not be your sole source of information. You must perform independent research, understand your projects' specific requirements and safety issues, and seek expert advice from trained and/or licensed professionals before acting on the topics addressed in Be Jane Inc.'s Sites or services. Reliance on any information in Be Jane Inc.'s Sites or services is done at your own risk.

14. Indemnification. You agree to indemnify, defend and hold harmless Be Jane Inc. and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the Terms of Use, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.

15. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the procedural and substantive laws of the State of Ohio, without giving effect to its conflict of laws provisions.

16. Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow Be Jane Inc.'s Procedure for Making Claims of Copyright Infringement.

17. Miscellaneous. These Terms of Use constitute the entire agreement between you and Be Jane Inc. with respect to its Sites or services, and the Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding Be Jane Inc.'s Sites or services. If any provision of the Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect. The failure by Be Jane Inc. to insist upon or enforce strict performance of any provision of the Terms of Use will not be construed as a waiver of any provision or right of Be Jane Inc.. The Terms of Use will inure to the benefit of Be Jane Inc. and its successors and assigns.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, Be Jane Inc. has adopted the following policy toward copyright infringements:

Be Jane Inc. will disable access to and/or remove any material that it believes in good faith to be infringed copyright material or that is claimed to be infringed copyright material pursuant to the following procedure for making claims of copyright infringement.

Be Jane Inc. has adopted the following procedure for making claims of copyright infringement:

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at at info@bejane.com.

The Notification of Claimed Copyright Infringement must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once a written notification with the above information is received, the following action will be taken:

1. The infringing material will be removed or access to it will be disabled.
2. The infringing user will then be promptly notified of the situation.

The user may supply a counter notification to reinstate the material. The counter notification must be in writing, must be provided to Be Jane Inc.'s Designated Agent, and must include the following information:

1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of claimed copyright infringement or an agent of such person.

If this counter notification is received by the Be Jane Inc. Designated Agent, a copy of the counter notification will be promptly sent to the original complaining party. The original complaining party will be informed that the claimed infringing material will be replaced or access to it will be restored in 10 business days.

Be Jane Inc. will replace the removed material or will restore access to the material within 10 to 14 business days following receipt of the counter notification unless Be Jane Inc.'s Designated Agent is notified by the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.

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