Welcome to Xtend. Please read on to learn the rules and restrictions that govern your use of our

website(s), products, services and applications (the “Services”), including, without limitation, any

request to receive information about, or to purchase any of the products made available through our

website(s) (each, a “Product”). Your purchase of any Products will also be governed by any other terms

made available by us to you during the sales process. If you have any questions, comments, or concerns

regarding these terms or the Services, please contact us at: support@xtendhealth.com.

These Terms of Use (the “Terms”) are a binding contract between you and XTEND HEALTH, INC.

(“Xtend,” “we” and “us”). Your use of the Services in any way means that you agree to all of these

Terms, and these Terms will remain in effect while you use the Services. These Terms include the

provisions in this document as well as those in the Privacy Policy

[https://www.xtendhealth.com/privacypolicy] and any other accompanying terms and conditions of sale

entered into between you and us for the sale of any Products. Your use of or participation in certain

Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”),

which are incorporated herein by reference, and you understand and agree that by using or

participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you

and any charges, taxes, and fees we bill you. These Terms include information about future changes to

these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of

disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR

SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE

FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES

DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN

YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT

TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Products and Services, so these Terms may need to change

along with our Products and Services. We reserve the right to change the Terms at any time, but if we

do, we will place a notice on our site located at www.xtendhealth.com, send you an email, and/or notify

you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will

no longer be able to use the Services. If you use the Services in any way after a change to the Terms is

effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be

effective unless in writing and signed by both you and us.

What about my privacy?

Xtend takes the privacy of its users very seriously. For the current Xtend Privacy Policy, please click

here[https://www.xtendhealth.com/privacypolicy].

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain

parental consent before they knowingly collect personally identifiable information online from children

who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information

from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to

register for or otherwise use the Services or send us any personal information. If we learn we have

collected personal information from a child under 13 years of age, we will delete that information as

quickly as possible. If you believe that a child under 13 years of age may have provided us personal

information, please contact us at support@xtendhealth.com.

Health Insurance Portability & Accountability Act

Some professionals you may interact with in connection with our Services qualify as “health care

providers” under the Health Insurance Portability & Accountability Act (“Health Care Providers” and

“HIPAA”, respectively). Such Health Care Providers may require you to review and acknowledge their

specific HIPAA Notice of Privacy Practices; any such terms are between you and such Health Care

Provider. We encourage you to review our Privacy Policy [https://www.xtendhealth.com/privacypolicy],

which provides additional information on how Xtend may use your Personal Data (as defined in the

Privacy Policy) and any communications between you and such Health Care Provider.

What are the basics of using Xtend?

You may be required to sign up for an account, select a password and user name (“Xtend User ID”), and

provide us with certain information or data, such as your contact information. You promise to provide us

with accurate, complete, and updated registration information about yourself. You may not select as

your Xtend User ID a name that you do not have the right to use, or another person’s name with the

intent to impersonate that person. You may not transfer your account to anyone else without our prior

written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account

credentials from other services (each, a “Third Party Account”), such as those offered by Google and

Apple. By using the Services through a Third Party Account, you permit us to access certain information

from such account for use by the Services. You are ultimately in control of how much information is

accessible to us and may exercise such control by adjusting your privacy settings on your Third Party

Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not,

you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent

or guardian to agree to these Terms on your behalf).

You will only use the Services and Products you obtain for your own internal, personal, non-commercial

use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with

all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then

you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services

or Products in a way that breaks the law.

You will not share your Xtend User ID, account or password with anyone, and you must protect the

security of your Xtend User ID, account, password and any other access tools or credentials. You’re

responsible for any activity associated with your Xtend User ID and account.

No Medical Advice; Not for Emergencies

Xtend does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services

are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are

offered for informational and communicative purposes only. The Services are not intended to be, and

must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by

Xtend.

The Services are not meant to diagnose or treat any conditions – only your medical professional can

determine the right course of treatment for you and determine what is safe, appropriate and effective

based on your needs. Reliance on any information provided by Xtend or in connection with the

Services is solely at your own risk. You are solely responsible for any decisions or actions you take

based on the information and materials available through the Services.

You acknowledge that although some Content (defined below) may be provided by individuals in the

medical profession, the provision of such Content does not create a medical professional/patient

relationship between you and Xtend or between you and any other individual or entity, and does not

constitute an opinion, medical advice, or diagnosis or treatment. Healthcare providers and patients

should always obtain applicable diagnostic information from appropriate trusted sources. Healthcare

providers should never withhold professional medical advice or delay in providing it because of

something they have read in connection with our Services.

THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A

MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS

THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE

NEAREST EMERGENCY ROOM OR DIAL 911.

Not a Medical Device

The Services, Content and our Products are not medical devices and are not intended to be used as

medical devices. Furthermore, the Services and the Products are neither regulated nor approved by the

U.S. Food and Drug Administration, and are not designed to detect or prevent causes of any medical

condition. The Services and Content are not a substitute for medical care or adult supervision. You

acknowledge, understand and agree that your use of the Services, Content and Products is entirely at

your own risk.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that

Xtend sends you (for example, via email or SMS). When signing up for the Services, you will receive a

welcome message and instructions on how to stop receiving messages. By signing up for the Services

and providing us with your wireless number, you confirm that you want Xtend to send you

information that we think may be of interest to you, which may include Xtend using automated

dialing technology to text you at the wireless number you provided, and you agree to receive

communications from Xtend, and you represent and warrant that each person you register for the

Services or for whom you provide a wireless phone number has consented to receive communications

from Xtend. You agree to indemnify and hold Xtend harmless from and against any and all claims,

liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising

from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any

Content (as that term is defined below), to the Services, or otherwise use or interact with the Services,

in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else

(including Xtend);

(b) violates any law or regulation, including, without limitation, any applicable export control

laws, privacy laws or any other purpose not reasonably intended by Xtend;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene,

or otherwise objectionable;

(d) jeopardizes the security of your Xtend User ID, account or anyone else’s (such as allowing

someone else to log in to the Services as you);

(e) attempts, in any manner, to obtain the password, account, or other security information

from any other user;

(f) violates the security of any computer network, or cracks any passwords or security

encryption codes;

(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any

processes that run or are activated while you are not logged into the Services, or that

otherwise interfere with the proper working of the Services (including by placing an

unreasonable load on the Services’ infrastructure);

(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or

Content (through use of manual or automated means);

(i) copies or stores any significant portion of the Content; or

(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or

underlying ideas or information of or relating to the Products or Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited

to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the

“Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by

all copyright notices, trademark rules, information, and restrictions contained in any Content you access

through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast,

transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any

purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii)

in a way that violates someone else’s (including Xtend's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-

sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely

for purposes of using the Services. Use, reproduction, modification, distribution or storage of any

Content for any purpose other than using the Services is expressly prohibited without prior written

permission from us. You understand that Xtend owns the Services. You won’t modify, publish, transmit,

participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create

derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy

or download certain Content, but please remember that even where these functionalities exist, all the

restrictions in this section still apply.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole

responsibility of the person from whom such Content originated, and you access all such information

and Content at your own risk, and we aren’t liable for any errors or omissions in that information or

Content or for any damages or loss you might suffer in connection with it. We cannot control and have

no duty to take any action regarding how you may interpret and use the Content or what actions you

may take as a result of having been exposed to the Content, and you hereby release us from all liability

for you having acquired or not acquired Content through the Services. We can’t guarantee the identity

of any users with whom you interact in using the Services and are not responsible for which users gain

access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent

and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or

controlled by Xtend. When you access third-party websites or use third-party services, you accept that

there are risks in doing so, and that Xtend is not responsible for such risks.

Xtend has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or

practices of or opinions expressed in any third-party websites or by any third party that you interact

with through the Services. In addition, Xtend will not and cannot monitor, verify, censor or edit the

content of any third-party site or service. We encourage you to be aware when you leave the Services

and to read the terms and conditions and privacy policy of each third-party website or service that you

visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising

from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including

payment and delivery of goods or services, and any other terms, conditions, warranties or

representations associated with such dealings, are solely between you and such organizations and/or

individuals. You should make whatever investigation you feel necessary or appropriate before

proceeding with any online or offline transaction with any of these third parties. You agree that Xtend

shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such

dealings.

If there is a dispute between participants on this site or Services, or between users and any third party,

you agree that Xtend is under no obligation to become involved. In the event that you have a dispute

with one or more other users, you release Xtend, its directors, officers, employees, agents, and

successors from claims, demands, and damages of every kind or nature, known or unknown, suspected

or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or

our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any

jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or

releasing party does not know or suspect to exist in his or her favor at the time of executing the release

and that, if known by him or her, would have materially affected his or her settlement with the debtor

or released party.”

Will Xtend ever change the Services?

We’re always trying to improve our Products and Services, so they may change over time. We may

suspend or discontinue any part of the Services, or we may introduce new features or impose limits on

certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we

make a material change to the Services that would adversely affect you, but this isn’t always practical.

We reserve the right to remove any Content from the Services at any time, for any reason (including, but

not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole

discretion, and without notice.

Do the Services cost anything?

Products are offered at the prices set forth on our Paid Products page, and you may choose to purchase

Products through the www.xtendhealth.com website or our mobile applications. Xtend may limit or

cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event Xtend

needs to make a change to an order, it will attempt to notify you by contacting the email address, billing

address, and/or phone number provided at the time the order was made. The prices displayed are

quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time.

Sales tax will be determined by the shipping address of the order and will automatically be added to the

order. Xtend is required by law to apply sales tax to orders to certain states. Purchased Products will be

shipped to the shipping address of the order. Information about our shipping rates and return policy can

all be found on our Frequently Asked Questions page. Any payment terms presented to you in the

process of purchasing Products are deemed part of these Terms.

Note that if you elect to receive text messages through the Services, data and message rates may apply.

Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless

carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

a. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you

through a payment account linked to your account on the Services (your “Billing Account”).

The processing of payments will be subject to the terms, conditions and privacy policies of

the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our

Payment Processor. You can access Stripe’s Terms of Service at

https://stripe.com/us/checkout/legal and their Privacy Policy at

https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or

omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay

us, through the Payment Processor, all charges at the prices then in effect for any such

Products in accordance with the applicable payment terms, and you authorize us, through

the Payment Processor, to charge your chosen payment provider (your “Payment Method”).

You agree to make payment using that selected Payment Method. We reserve the right to

correct any errors or mistakes that the Payment Processor makes even if it has already

requested or received payment.

b. Payment Method. The terms of your payment will be based on your Payment Method and

may be determined by agreements between you and the financial institution, credit card

issuer or other provider of your chosen Payment Method. If we, through the Payment

Processor, do not receive payment from you, you agree to pay all amounts due on your

Billing Account upon demand.

c. Recurring Billing. Some of the Products may be sold as a subscription, consisting of an initial

period for which there is a one-time charge, followed by recurring period charges for

additional Products as agreed to by you (“Paid Subscription”). By choosing a Paid

Subscription, you acknowledge that such Services have an initial and recurring payment

feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY

SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM

YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT

YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT

METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY

COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD,

GO TO ACCOUNT SETTINGS or email us as info@xtendhealth.com.

d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE

INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL

INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE

(SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD

EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR

IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME

AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE

OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE

MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING

INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF

PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED

YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.

e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies

from the amount you preauthorized (other than due to the imposition or change in the

amount of state sales taxes), you have the right to receive, and we shall provide, notice of

the amount to be charged and the date of the charge before the scheduled date of the

transaction. Any agreement you have with your payment provider will govern your use of

your Payment Method. You agree that we may accumulate charges incurred and submit

them as one or more aggregate charges, including during or at the end of each billing cycle.

f. Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, which can be

done through your account settings, any Paid Subscription(s) you have signed up for will be

automatically extended for successive renewal periods of the same duration as the

subscription term originally selected, at the then-current non-promotional rate. To change

or resign your Paid Subscription(s) at any time, go to account settings. If you terminate a

Paid Subscription, you may use your subscription until the end of your then-current term,

and your subscription will not be renewed after your then-current term expires. However,

you will not be eligible for a prorated refund of any portion of the subscription fee paid for

the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED

ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID

SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR XTEND

ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE

TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, XTEND WILL NOT REFUND ANY FEES

THAT YOU HAVE ALREADY PAID.

g. Reaffirmation of Authorization. Your non-termination or continued use of a Paid

Subscription reaffirms that we are authorized to charge your Payment Method for that Paid

Subscription. We may submit those charges for payment and you will be responsible for

such charges. This does not waive our right to seek payment directly from you. Your charges

may be payable in advance, in arrears, per usage, or as otherwise described when you

initially selected to use the Paid Subscription.

h. Free Trials and Other Promotions. Any free trial or other promotion that provides access to

free Products or free Paid Subscriptions must be used within the specified time of the trial.

You must stop using a Paid Subscription before the end of the trial period in order to avoid

being charged for that Paid Subscription. If you cancel prior to the end of the trial period

and are inadvertently charged for a Paid Subscription, please contact us at

support@xtendhealth.com.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at support@xtendhealth.com; please refer to our

Privacy Policy [https://www.xtendhealth.com/privacypolicy], as well as the licenses above, to

understand how we treat information you provide to us after you have stopped using our Services.

Xtend is also free to terminate (or suspend access to) your use of the Services or your account for any

reason in our discretion, including your breach of these Terms. Xtend has the sole right to decide

whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep

that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support@xtendhealth.com – we

will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By

way of example, all of the following will survive termination: any obligation you have to pay us or

indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property

rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications and In-App Purchases?

You acknowledge and agree that the availability of our mobile application is dependent on the third

party stores from which you download the application, e.g., the App Store from Apple or the Android

app market from Google (each an “App Store”). Each App Store may have its own terms and conditions

to which you must agree before downloading mobile applications from such store, including the specific

terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our

application is conditioned upon your compliance with, such App Store terms and conditions. To the

extent such other terms and conditions from such App Store are less restrictive than, or otherwise

conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms

and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features

designed to enhance the performance of the Services. When you make an In-App Purchase, you are

doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their

respective Terms and Conditions, available at http://www.apple.com/legal/internet-

services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). Xtend is

not a party to any In-App Purchase.

I use the Xtend App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the “Application”)

available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the

Application:

(a) Both you and Xtend acknowledge that the Terms are concluded between you and

Xtend only, and not with Apple, and that Apple is not responsible for the Application

or the Content;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable,

non-sublicensable basis, solely to be used in connection with the Services for your

private, personal, non-commercial use, subject to all the terms and conditions of

these Terms as they are applicable to the Services;

(c) You will only use the Application in connection with an Apple device that you own or

control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any

maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty,

including those implied by law, you may notify Apple of such failure; upon

notification, Apple’s sole warranty obligation to you will be to refund to you the

purchase price, if any, of the Application;

(f) You acknowledge and agree that Xtend, and not Apple, is responsible for addressing

any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third-party claim that the

Application or your possession and use of the Application infringes that third party’s

intellectual property rights, Xtend, and not Apple, will be responsible for the

investigation, defense, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S.

Government embargo, or that has been designated by the U.S. Government as a

“terrorist supporting” country, and that you are not listed on any U.S. Government

list of prohibited or restricted parties;

(i) Both you and Xtend acknowledge and agree that, in your use of the Application, you

will comply with any applicable third-party terms of agreement which may affect or

be affected by such use; and

(j) Both you and Xtend acknowledge and agree that Apple and Apple’s subsidiaries are

third-party beneficiaries of these Terms, and that upon your acceptance of these

Terms, Apple will have the right (and will be deemed to have accepted the right) to

enforce these Terms against you as the third-party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Xtend and its licensors, suppliers, partners, parent, subsidiaries or affiliated

entities, and each of their respective officers, directors, members, employees, consultants, contract

employees, representatives and agents, and each of their respective successors and assigns (Xtend and

all such parties together, the “Xtend Parties”) make no representations or warranties concerning the

Services, including without limitation regarding any Content contained in or accessed through the

Services or any Products, and the Xtend Parties will not be responsible or liable for the accuracy,

copyright compliance, legality, or decency of material contained in or accessed through the Services or

any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in

any way related to your participation in, the Services. The Xtend Parties make no representations or

warranties regarding suggestions or recommendations of services or products offered or purchased

through or in connection with the Services including, without limitation, any Products. Products and

services purchased or offered (whether or not following such recommendations and suggestions)

through the Services are provided “AS-IS” and without any warranty of any kind from the Xtend Parties

or others (unless, with respect to such others only, provided expressly and unambiguously in writing by

a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY XTEND

(AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE

SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON

HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO

CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT,

CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE XTEND PARTIES BE LIABLE TO YOU OR

TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL

DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF

DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR

MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE

AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS

PAID AND/OR PAYABLE BY YOU TO XTEND IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)

MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE

CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY

NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Xtend Parties harmless from and against any and all

claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees)

arising from or in any way related to any claims relating to (a) your use of the Services (including any

actions taken by a third party using your account)and any Products, and (b) your violation of these

Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the

Claim to the contact information we have for your account (provided that failure to deliver such notice

shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations

hereunder, or your Services account, in any way (by operation of law or otherwise) without Xtend's prior

written consent. We may transfer, assign, or delegate these Terms and our rights and obligations

without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act,

applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws

provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it

requires you to arbitrate certain disputes and claims with Xtend and limits the manner in which you can

seek relief from Xtend. Both you and Xtend acknowledge and agree that for the purposes of any dispute

arising out of or relating to the subject matter of these Terms, Xtend's officers, directors, employees and

independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your

acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the

right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to

settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of

these Terms directly through good-faith negotiations, which shall be a precondition to either party

initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding

arbitration in New Castle County, Delaware. The arbitration will proceed in the English language, in

accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by

one commercial arbitrator with substantial experience in resolving intellectual property and commercial

contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in

accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in

any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Xtend will pay all

arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Xtend will not seek its

attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Xtend may assert claims, if they qualify, in small

claims court in New Castle County, Delaware or any United States county where you live or work.

Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the

right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction,

to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights,

trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND XTEND WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO

TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Xtend are instead choosing to

have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited,

more efficient, and less costly than rules applicable in court and are subject to very limited review by a

court. In any litigation between you and Xtend over whether to vacate or enforce an arbitration award,

YOU AND XTEND WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved

by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS

ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON

A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR

LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however,

this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Xtend is

entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of

your decision to opt out to the following address: 5727 NW 7 Street, Unit 309, Miami, Florida 33126

postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and

residence address, (ii) the email address and/or telephone number associated with your account, and

(iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the

foregoing arbitration agreement permits either you or Xtend to litigate any dispute arising out of or

relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not

apply to either party, and both you and Xtend agree that any judicial proceeding (other than small

claims actions) will be brought in the state or federal courts located in, respectively, New Castle County,

Delaware, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third

parties contained above is found to be unenforceable, then all of the preceding language in this

Arbitration Agreement section will be null and void. This arbitration agreement will survive the

termination of your relationship with Xtend.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and

other governmental assessments associated with your activity in connection with the Services, provided

that the Xtend may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of

any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid,

that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall

otherwise remain in full force and effect and enforceable. You and Xtend agree that these Terms are the

complete and exclusive statement of the mutual understanding between you and Xtend, and that these

Terms supersede and cancel all previous written and oral agreements, communications and other

understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that

you are not an employee, agent, partner, or joint venture of Xtend, and you do not have any authority of

any kind to bind Xtend in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration

agreement, you and Xtend agree there are no third-party beneficiaries intended under these Terms.