AWaiver TERMS OF SERVICE

THIS AWaiver.com (“AWaiver”) Terms of Service Agreement (“TOS”) sets forth the terms and conditions under which a person uses the AWaiver website and the services provided by INDEXIC, Inc., a South Carolina limited liability company with a mailing address of 636G Long Point Road, #9, Mount Pleasant, SC 29464 (“Company”). An individual or entity utilizing the AWaiver website and/or the services is hereinafter referred to as “Customer” (Company and Customer individually herein a “Party” and, collectively, the “Parties”).

1. Description of Services/Binding Agreement.

Company is in the business of providing services for the electronic execution and storage of written waivers, releases, and similar forms and instruments for those who desire to utilize such services in connection with their business operations (the “Services”). Please read this User Agreement carefully. By accessing the website and/or utilizing the Services, Customer accepts and agrees to be bound by each and all of the terms and conditions set forth in this User Agreement.

2. Availability of the Service.

The Services, or any feature or part thereof, may not be available in all languages or in all countries and INDEXIC, Inc. makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable law, including, but not limited to, any applicable local laws.

3. Registration.

If you desire to utilize the Services, you will be required to register through the website as a user and to register your billing information for charges arising out of your use of the Services. By completing such registration and providing such billing information, you warrant and represent that (a) your use of the Services will be for commercial purposes, and not for family, household, or other consumer purposes, (b) the information provided to Company is complete and accurate, (c) you are an authorized signatory and/or user with respect to any account to which you request that charges be billed or posted, and (d) you are at least eighteen (18) years of age.

4. Equipment and Software.

Customer is solely responsible, at Customer’s own cost and expense, for obtaining, installing, and maintaining suitable computer equipment, software, and internet service, including any necessary system or software upgrades, patches, updates, and/or fixes which are or may become necessary to access and utilize the AWaiver website and/or the Services. [...] Customer also is responsible for the management of Customer’s electronic information including, but not limited to, (a) back-up and restoration of data, (b) maintenance of appropriate security procedures, firewalls, methods of encryption, and anti-malware and spyware systems and programs, and (c) maintenance of appropriate safeguards for Customer’s user name(s), password(s), and billing information. Except with respect to those executed waivers, releases, and similar forms and instruments AWaiver has expressly agreed to maintain in electronic form as part of the Services, AWaiver is not responsible for, and shall not have any responsibility for, the back-up and restoration of Customer’s information or for any loss of or disablement of access to Customer’s information, whether stored on your computer systems or elsewhere. Company does not guarantee 100% compatibility with all devices and/or operating systems except those expressly recommended by the Company.

5. Maintenance of Documents.

With respect to those electronically executed waivers, releases, and similar forms and instruments that AWaiver has expressly agreed to maintain on Customer’s behalf as part of the Services (the “Documents”), and provided that Customer’s account remains active and in good standing, AWaiver agrees to provide web-based technical support, training, and consulting services in a manner consistent with generally accepted industry standards and to maintain such Documents in electronic form for a period not less than seven (7) years. For so long as Customer’s account remains active and in good standing, Customer may request a copy of Customer’s Documents, in exchange for Customer’s payment of a Document retrieval fee of One Hundred Dollars ($100.00).

6. Payment by Customer.

To initiate service the Customer is required to supply payment information with their customer account. Company will immediately charge $30 which will be a deposit of the first 200 waivers. Company requires a minimum spend of $30 per year for the Customer to continue signing new waivers. [...] Customer shall have no liability, however, for the payment of any franchise tax, corporation tax, income tax, profit tax, or capital levy, that is or may be imposed upon Company generally.

7. Term and Termination.

The term of this User Agreement shall be one (1) year, and shall be automatically renewed for successive one (1) year periods thereafter unless sooner terminated as provided in this User Agreement. Following the first (1st) one (1) year term, Customer may terminate this User Agreement without cause upon sixty (60) days prior written notice to Company.

8. No Right of Survivorship.

You agree that any rights to your User Account or Content within your account terminate upon your death, or the dissolution, sale or bankruptcy of the Member if an entity. Upon receipt of a copy of a death certificate your account may be terminated and all Content within your account deleted after thirty days of such notice or returned to you.

10. No Resale of Service.

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service or any part thereof, for any purpose.

11. Use of Location-Based Services.

INDEXIC, Inc. and its partners and licensors may provide certain features or services through the Service that rely upon device-based location information.

12. Disclaimer of Warranties.

INDEXIC, INC. (INCLUDING ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDES ACCESS TO THE AWAIVER WEBSITE ON AN “AS IS,” AS AVAILABLE BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES.

13. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW: IN NO EVENT WILL THE COMPANY BE LIABLE FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

14. Intellectual Property and Related Rights.

With the exception of any third party licensor software, all right, title, and interest in and to the website and the Services are owned by Company.

16. Identity of Signers

Customer understands that it is their responsibility to verify the age and identity of all clients who sign the waiver, release, or similar forms and instruments.

17. Governing Law/Venue/Dispute Resolution.

This User Agreement is deemed to be made and entered into in the State of South Carolina and shall be governed by the laws of the State of South Carolina.

18. Miscellaneous.

Customer shall not assign this User Agreement without the prior, written consent of Company.