Certified Athletic Trainer | Educator | Motivator
Sandy Krum

Terms of Use

IMPORTANT: SAK Group, Inc. and its subsidiaries (“Sandy Krum”) operate this website and
other websites that are part of the SAK Group portfolio of websites (collectively, the “Sites”) and
the services related to or offered on the Sites (hereinafter, the “Services”). Sandy Krum’s
Services may include, without limitation, tools, applications, email services, bulletin and
message boards, chat areas, news groups, forums, communities, calendars, and downloadable
mobile applications related to the Sites or provided through the Sites. These Terms of Use
(“TOU”) govern your use of any of the Sites and Services that are provided by Sandy Krum.
Please read this agreement carefully before accessing or using any of the Sites or Services.
Each time you access or use the Sites or Services, you agree to be bound by these TOU. If you
do not agree to be bound by all of these TOU, you may not access or use the Sites or Services.
In addition, certain areas of the Sites or Services may be subject to additional terms of use that
we make available for your review. By using such areas, or any part thereof, you are expressly
indicating that you have read and agree to be bound by the additional terms of use applicable to
such areas. In the event that any of the additional terms of use governing such area conflict with
these TOU, the additional terms will control.

INDEX
This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
User Obligations.
License Grant.
Prohibited Activities.
Message Boards, Chat Rooms and Posting Guidelines.
Commercial Transactions.
Third Party Content.
Sweepstakes, Contests and Games.
Accounts, Passwords and Security.
Linking to the Sites.Disclaimer Regarding Linked Third Party Sites.
Dealings with Third Parties.
Privacy.
Disclaimer of Warranties.
Limitation of Liability.
Indemnification.
Copyright Policy.
Jurisdictional Issues.
Termination.
Governing Law.
Waiver and Severability.
Successors and Assigns.

1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
The Sites and Services offer health, fitness and nutrition related information, but are designed for
non­commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS
INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR
QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES,
YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH­CARE
PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR
HEALTH RELATED ADVICE FROM YOUR HEALTH­CARE PROFESSIONAL BECAUSE OF
SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE
OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS
SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any
Service is intended to be, and must not be taken to be, the practice of medicine or counseling
care. For the purposes of this agreement, the practice of medicine and counseling includes,
without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and
fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or
advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the
information contained in the Sites or the Services will always include the most recent findings or
developments with respect to the particular material. Your access or use of the Sites and the
Services does not create in any way a physician/patient, confidential, or privileged relationship, or
any other relationship that would give rise to any duties on our part. We do not recommend or
endorse any specific tests, physicians, clinics, procedures, opinions, products or other
information that may appear on the Sites or Services. If you rely on any of the information
provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so
solely at your own risk.

2. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations,
including U.S. export and re­export control and economic sanction laws and regulations, with
respect to your use of the Sites and Services. You also acknowledge and agree that your use of
the Internet and access to the Sites is solely at your own risk. You should also understand that
the confidentiality of any communication or material transmitted to/from a Site over the Internet or
other form of global communication network cannot be guaranteed. Accordingly, Sandy Krum is
not responsible for the security of any information transmitted to or from the Sites. Sandy Krum
reserves the right to prohibit or terminate use of or access to the Sites at any time, without
notice, for any reason whatsoever.

3. License Grant.

This TOU provides to you a personal, revocable, limited, non­exclusive, royalty­free,
non­transferable license to use the Sites conditioned on your continued compliance with these
TOU. You may print and download materials and information from the Sites solely for your
personal use, provided that all hard copies contain all copyright and other applicable notices
contained in such materials and information.

4. Prohibited Activities.

The Sites and the Services are not intended for children under the age of 13 and children under
13 should not use the Sites or the Services. You acknowledge and agree that the Sites and
Services contain proprietary and confidential information that is protected by applicableintellectual property and other laws, and are the sole property of Sandy Krum or our content
providers. Unless otherwise specified in writing, the Services are for your personal and
non­commercial use. In connection with your use of the Sites and/or the Services, you
acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble,
otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any information, software, products
or services obtained through the Sites or the Services; 2. Access the Sites or Services by any
means other than through the standard industry­accepted or Sandy Krum­provided interfaces; 3.
Post or transmit any material that contains a virus or corrupted data; 4. Delete any author
attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local,
state, national or international law, rule or regulation or use the Sites and/or the Services for any
purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Sites and/or the
Services by using framing or similar navigational technology; 7. Register, subscribe or
unsubscribe any party for any Sandy Krum product or service if you are not expressly authorized
by such party to do so; 8. Use the Sites or the Services in any manner that could damage,
disable, overburden or impair Sandy Krum’s servers or networks, or interfere with any other
user’s use and enjoyment of the Sites and/or the Services; 9. Gain or attempt to gain
unauthorized access to any of the Sites, Services, accounts, computer systems or networks
connected to Sandy Krum through hacking, password mining or any other means; 10. Obtain or
attempt to obtain any materials or information through any means not intentionally made
available through the Sites or the Services or harvest or otherwise collect information about other
users without their consent; 11. Use the sites in any manner that could damage, disparage, or
otherwise negatively impact Sandy Krum. In addition, you agree to comply with our Posting
Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING
OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR
MATERIALS PROVIDED BY SANDY KRUM TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Message Boards, Chat Rooms and Posting Guidelines.

Sandy Krum hosts message boards, chats and other public forums on its Sites and through the
Services. Message boards, chats and other public forums are intended to serve as discussion
centers for users and subscribers of the Sites. These are public forums and any information that
you post on the Sites or through the Services may be seen by anyone on the Internet. Any user
will have the ability to edit or delete their own posts after posting. When posting information on
the Sites or through the Services, use good taste when discussing sensitive topics. Both users
and moderators are required to treat others with respect and honesty. Be fair and informative.
Post honest and valuable information and don’t post rumors or negative opinions that are not
supported by facts. Unless the information in your post arises directly from your personal
experience, references to any health­related or medical information you provide must beincluded in your post.
In addition to the prohibited activities described above, when posting information and media on
the Sites or through the Services you must not:
Post anything that interferes with or disrupts the Sites or the operation thereof, including files that
contain malicious code, viruses, corrupted files, or any other similar software or programs that
may damage the operation of another’s computer, network or the Sites;
Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten,
intimidate or in any way infringe on the rights of others;
Post statements or materials that violate other contractual or fiduciary rights, duties or
agreements;
Post or upload personal information, pictures, videos or any other media of another person
without their express permission;
Delete or revise any material posted by any other person or entity;
Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene,
pornographic, profane, or otherwise objectionable, including language or images that typically
would not be considered socially or professionally responsible or appropriate in person;
Post statements or materials that encourage criminal conduct or that would give rise to civil
liability or otherwise violate any law or regulation in any jurisdiction;
Post statements or materials that in any way harm minors;
Post statements or materials that impersonate any other person or entity, whether actual or
fictitious, including, without limitation, employees and representatives of Sandy Krum;
Post statements or materials that misrepresent your affiliation with any entity and/or Sandy
Krum;
Post anything that violates the privacy or publicity rights of any other person, including, without
limitation, posting any personal identifying information of another individual, including, without
limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card
numbers or any trade secrets or information for which you have any obligation of confidentiality;
Post statements or materials that constitute junk mail, spam or unauthorized advertising or
promotional materials, including, without limitation, links to commercial products or services or
any political campaigning;Post material that in the sole judgment of Sandy Krum is objectionable or restricts or inhibits any
person or entity from using or enjoying any interactive features or other portions of the Site, or
which may expose Sandy Krum or its users to harm or liability of any nature; or
Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party, or that you otherwise do not have the right to
make available, without the express permission of the owner of the copyright, trademark or other
proprietary right. Sandy Krum does not have any express burden of responsibility to provide any
user with indications, markings or anything else that may aid any user in determining whether the
material in question is copyrighted or trademarked. Users shall be solely liable for any damage
resulting for infringements of copyrights, trademarks, proprietary rights or any other harm
resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued
access to the message boards, chats or other public forums in the future. Sandy Krum or its
designated agents may remove or alter any user­created content at any time for any reason.
Materials posted and/or uploaded to the various public forums may be subject to size and usage
limitations. You are responsible for adhering to such limitations. Sandy Krum expressly
disclaims all responsibility and endorsement and make no representation as to the validity of any
opinion, advice, information or statement made or displayed in these forums by third parties, nor
are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in
any messages. Under no circumstances will Sandy Krum or it’s affiliates, suppliers or agents be
liable for any loss or damage caused by your reliance on information obtained through these
forums. The opinions expressed in these forums are solely the opinions of the participants, and
do not reflect the opinions of Sandy Krum or any of it’s subsidiaries or affiliates. Sandy Krum has
no obligation whatsoever to monitor any of the content or postings on the message boards, chat
rooms or other public forums. However, you acknowledge and agree that we reserve the right to
monitor the same at our sole discretion. Sandy Krum’s team typically moderates boards on a
daily basis. Unless otherwise stated, the moderators are not medical professionals and should
not be construed as such. The moderators reserve the right to alter, edit, refuse to post or
remove any postings or content, in whole or in part, for any reason and to disclose such
materials and the circumstances surrounding their transmission to any third party in order to
satisfy any applicable law, regulation, legal process or governmental request and to protect itself,
it’s clients, sponsors, users and visitors. In addition, Sandy Krum and Sandy Krum’s moderators
reserve the right to contact users to inform them of policies, hide users’ posts or delete users’
accounts without warning or notice in advance, for any reason, including but not limited to the
violation of these Terms. By sending or transmitting to us content, images, video, audio files,
creative suggestions, ideas, notes, concepts, information or other materials (collectively,
“Submission Materials”), or by posting such Submission Materials on the Sites, you hereby grant
to us and our designees a worldwide, non­exclusive, sublicenseable, assignable, royalty­free,
perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of,
publicly perform, publicly display, digitally perform, sell, offer for sale and import such
Submission Materials in any media now known or hereafter devised, for any purposewhatsoever, commercial or otherwise, without compensation to you. The foregoing license to
Sandy Krum shall be fully paid­up and royalty free. You represent and warrant that any person or
entity named or pictured in such Submission Material has provided any necessary licenses,
rights or authorizations to allow Sandy Krum’s use of such Submission Materials in accordance
with such license. None of the Submission Materials disclosed or posted via message boards,
chats or other public forums shall be subject to any obligation, whether of confidentiality,
attribution or otherwise.

6. Commercial Transactions.

Certain products or services may be offered for sale on the Sites or through the Services. In the
event you wish to purchase or to subscribe for any of these products or services, you will be
asked by Sandy Krum or an authorized third party to supply certain information, including without
limitation, your full name, address, telephone number and credit card information. You agree to
provide us or such third party with the foregoing information as well as any other mandatory
information. You agree that any such information provided shall be accurate, complete and
current. You agree to comply with the terms and conditions of any agreement that you may enter
into governing your purchase of the product or service. You shall be responsible for all charges
incurred through your account as well as for paying any applicable taxes. By providing Sandy
Krum with your credit card number and associated payment information, you agree that Sandy
Krum and/or our third party service providers are authorized to immediately invoice your account
for all fees and charges due and payable to us as a result of your order, including but not limited
to service fees, subscription fees or any other fee or charge associated with your access to the
Services and/or purchase of products. In the event that access to an applicable Service requires
a recurring payment, you agree that we (or our third party payment service provider) may
automatically invoice your account at the beginning of each recurring period. We reserve the
right to increase charges and fees, or to institute new charges or fees at any time, upon
reasonable advance notice communicated to you through a posting on the applicable Site or
such other means as we may deem appropriate from time to time (including electronic mail or
conventional mail). You agree to immediately notify Sandy Krum of any change in your billing
address or the credit card used for payment hereunder. Your right to use a paid service or a
specific product is conditional upon our receipt of payment. If payment cannot be charged to your
credit card or if a charge is refunded for any reason, including chargeback, we reserve the right
to either suspend or terminate your access and account. You agree that in the event we are
unable to collect the fees you owe us for the products or services specified in your order, we
may take any other steps we deem necessary to collect such fees from you, and that you will be
responsible for all costs and expenses incurred by us in connection with such collection activity,
including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on
your account or to terminate a subscription service, you may email billing@sandykrum.com orcall 1­312­373­9282, Monday through Friday, 9 a.m. to 8 p.m. CST.

7. Third Party Content.

Any opinions, advice, statements, services, advertisements, offers or other information or
content expressed or made available through the Sites by third parties, including information
providers, are those of the respective authors or distributors and not Sandy Krum. Neither Sandy
Krum nor any third­party content providers guarantee the accuracy, completeness or usefulness
of any content. Furthermore, Sandy Krum does not endorse or is responsible for the accuracy
and reliability of any opinion, advice or statement made on any of the Sites or Services by
anyone other than an authorized Sandy Krum representative while acting in his/her official
capacity. You may be exposed through the Sites or Services to content that violates our policies,
is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk.
We take no responsibility for your exposure to third party content on the Sites or the Services.
Sandy Krum does not assume, and expressly disclaim, any obligation to obtain and include any
information other than that provided to it by its third party sources. It should be understood that
we do not advocate the use of any product or procedure described in the Sites or through the
Services, nor are we responsible for misuse of a product or procedure due to typographical
error.

8. Sweepstakes, Contests and Games.

If Sandy Krum conducts a sweepstake, contest, or game on the Sites, the rules governing any of
the foregoing shall be accessible through a hypertext link prominently displayed on the page
where the sweepstake, contest or game may be located. By entering or participating in any of
them, you agree to be subject to those rules, regulations and procedures. Please remember to
read the rules carefully before participating.

9. Accounts, Passwords and Security.

If any of the Sites or Services require you to open an account, you must complete the
registration process by providing Sandy Krum with current, complete and accurate information,
as prompted by the applicable registration form. You acknowledge that by providing any
information to Sandy Krum which is untrue, inaccurate, not current or incomplete, Sandy Krum
reserves the right to terminate your access and use of the Sites and/or the Services. As part ofthe registration process, you will be asked to select a username and password. You are entirely
responsible for maintaining the security and confidentiality of your account and password.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND
CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT. You agree to notify Sandy Krum immediately of any unauthorized use of your
account or any other breach of security. Sandy Krum will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or without your
knowledge. You may be held liable for any losses incurred by Sandy Krum or another party due
to someone else using your account or password.

10. Linking to the Sites.

We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we
exercise such right, you agree to immediately remove and disable any and all of your links to the
Sites. In the absence of a written agreement with us specifying how you may link to the Sites,
use the following guidelines for adding one or more links to the Sites from your website:
The link must be a text­only link that clearly includes the URL of the applicable Site;
If the link points to any page on a Site other than the home page, the text link must also include
the title of the target landing page. (For example, if the link points to the “Training Room Tips”
area of the Sandykrum.com Site, the link should include the words “Training Room Tips ­ Sandy
Krum.”);
The appearance, position and other aspects of the link may not be such as to damage or dilute
the goodwill associated with our good name and trademarks;
The appearance, position and other aspects of the link may not create the false impression that
an entity is associated with, sponsored by, or endorsed by us;
The link, when activated by a user, must display the Site full­screen and not within a “frame” on
the linking website and linking may not trigger any interstitial or pop­up or pop­under windows;
and
The link may not be used in connection with or appear on a website that a reasonable person
might consider offensive, obscene, defamatory or otherwise malicious.

11. Disclaimer Regarding Linked Third Party Sites.

The links on any of the Sites and/or Services will let you leave the particular Sites or Service you
are accessing in order to access a linked third party site (the “Linked Sites”). Sandy Krum
provides these links as a convenience, but we neither control nor endorse these Linked Sites,
nor has Sandy Krum reviewed or approved the content which appears on the Linked Sites.
Sandy Krum is not responsible for the legality, accuracy or appropriateness of any content,
advertising, products, services or other materials on or available from any Linked Sites. You
acknowledge and agree that Sandy Krum shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with the use of any of
the links, content, goods or services available on or through the Linked Sites.

12. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through
our Sites and Services, including, without limitation, advertisers and other users, regarding
payment and delivery of specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are solely between you and such
third party. You agree that Sandy Krum shall not be responsible or liable for any loss, damage, or
other matters of any sort incurred as the result of such dealings.

13. Privacy.

Sandy Krum’s privacy policy with respect to the collection and use of your personally identifiable
information is set forth at http://www.sandykrum.com/privacy­policy.aspx, and is incorporated by
reference into these TOU. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE
THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

14. Disclaimer of Warranties.

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES
DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES
ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF TITLE, NON­INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
SANDY KRUM AND IT’S AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND
EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND
ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE
UNINTERRUPTED, ERROR­FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED
THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE
CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON
WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY
INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES
ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN
OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING
DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD
TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE
NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT,
ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED
OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.

15. Limitation of Liability.

NEITHER SANDY KRUM NOR ITS DIRECTORS, OFFICERS, EMPLOYEES,
CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR
ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE
SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii)
STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES
AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED
THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR
AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi)
ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE,
FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR
SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE
SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SANDY KRUM TO YOU FOR ANY
AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not
allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental orconsequential damages. Accordingly, some of the above limitations and disclaimers may not
apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied
warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability
will be the minimum permitted under such applicable law.

16. Indemnification.

You agree to indemnify, defend and hold Sandy Krum its subsidiaries, affiliates, officers,
directors, agents, co­branders or other partners, employees and representatives harmless from
and against any and all claims, damages, losses, costs or expenses (including reasonable
attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach
of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the
copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii)
your access or use of the Sites or the Services.

17. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under the U.S.
copyright law. If you believe in good faith that materials hosted by Sandy Krum infringe your
copyright, you or your agent may send to Sandy Krum a notice requesting that the material be
removed or access to it be blocked. Any notification by a copyright owner or a person authorized
to act on its behalf that fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon Sandy Krum actual knowledge of facts
or circumstances from which infringing material or acts are evident. If you believe in good faith
that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you
to send to Sandy Krum a counter­notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for
details. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the Site or Servicereasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone
number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
Sandy Krum’s Copyright Agent for notice of claims of copyright infringement or counter notices
can be reached as follows: Address of Agent: 2849 N Moody Ave, Chicago,
Illinois, 60634; Telephone: (312) 373­9282; E­mail for notice: DMCA@sandykrum.com. We
suggest that you consult your legal advisor before filing a notice or counter­notice. Also, be
aware that there can be penalties for false claims under the DMCA.

18. Jurisdictional Issues.

Sandy Krum makes no representation or warranty that the content and materials on the Sites or
the Services are appropriate or available for use in locations outside the United States. Those
who choose to access the Sites or use the Services from other locations do so on their own
initiative and at their own risk, and are responsible for compliance with local laws, if and to the
extent applicable. Sandy Krum reserves the right, at any time in our sole discretion, to limit the
availability and accessibility of the Sites or the Services to any person, geographic area or
jurisdiction we so desire, and to limit the quantities of any such service or products that we
provide.

19. Termination.

You agree that Sandy Krum, in its sole discretion, may terminate your password, account (in
whole or in part) or use of the Sites or Services, and remove and discard any content within the
Sites or Services, at any time and for any reason. You agree that any actions taken under this
Section may be effective without prior notice to you.

20. Governing Law.

These TOU and the relationship between you and Sandy Krum shall be governed by and
construed in accordance with the laws of the State of California , without regard to its conflict of
law provisions. You and Sandy Krum irrevocably agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within the county of Los Angeles , in the State
of California , and waive any jurisdictional, venue or inconvenient forum objections to such
courts.

21. Waiver and Severability.

The failure of Sandy Krum to exercise or enforce any right or provision of these TOU shall not
constitute a waiver of such right or provision. If any provision of these TOU is found by a court of
competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severed herefrom and shall not affect the validity and enforceability of any
remaining provisions.

22. Successors and Assigns.

We may perform any of our obligations or exercise any of our rights under this TOU through one
or more of our corporate affiliates (including any entity that directly or indirectly controls, is
controlled by or is under common control with us). If Sandy Krum or its assets are acquired by
another entity, that entity will assume our rights and obligations as described in this TOU. You
may not assign your rights or obligations under this TOU, by operation of law or otherwise,
without our prior written consent.

23. Updates.

We may modify these TOU at any time, as we deem appropriate. If you disagree with the
changes to the TOU, you must discontinue your use of the Sites and Services, and if you have
registered as a member, cancel your registration. Your continued access or use of any of the
Sites or Services following such notice signifies your acceptance of the modified TOU. It is your
responsibility to review the TOU regularly to be aware of such modifications. We reserve the
right to modify or discontinue the Sites or Services with or without notice. We will not be liable to
you or any third party should we exercise our right to modify or discontinue the Sites or Services.If you object to any such changes, your sole recourse will be to cease access to the Sites or
Services. Continued access to the Sites or Services following notice of any such changes will
indicate your acknowledgement of such changes and acceptance of the Sites or Services as so
modified and your use of new Services will be governed by these TOU.

Date of Last Revision: March 1, 2013

Copyright © 2013 SAK Group, Inc.

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