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 User Agreement for the Use of Beta Version Software ApplicationPLEASE READ THIS AGREEMENT BEFORE INSTALLING AND RUNNING THIS BETA VERSION SOFTWARE APPLICATION ON YOUR MOBILE DEVICE. INSTALLATION AND OPERATION OF THIS SOFTWARE APPLICATION INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT AND OUR TERMS OF SERVICE.This Agreement is between you, the User (“User”) and Delury Enterprise, LLC (“Developer”). Developer agrees to provide User with a Beta version of the software package “LevelUp Meds” User agrees to abide by the terms of this Agreement.Definitions“Software Application” means the Beta version of the software application “LevelUp Meds.”“Acceptance” means that the User has accepted the terms of this Agreement and has manifested said acceptance by installing or running the Software Application.“Date of this Agreement” means the date on which the User has manifested Acceptance of this Agreement.(1) Intellectual Property and CopyrightUser recognizes that the entire Software Application is Developer’s copyrighted and trademarked intellectual property. The Software Application is copyrighted material owned by Developer and is protected by United States copyright law. User may not make copies of the Software Application or physically transfer the Software Application over a network or distribute the Software Application to others.(2) LicenseDeveloper grants to User a non-exclusive license to use the Software Application as provided in this Agreement. The Software Application is licensed by Developer to User according to the terms of this Agreement.(a) Use of Software Application. User may install and use the Software Application on User’s mobile device(s). User is granted the right to make copies of the Software Application for backup or archival purposes.(b) Restrictions. No Transfer to Third Parties.User may not assign, transfer, lease, rent or sublicense the Software Application. User may not modify, reverse engineer, decompile, disassemble or create derivative works from the Software Application.(c) Term of License.This License Agreement is effective until terminated by either party. Developer may terminate this License Agreement at any time and for any reason. User may terminate this License Agreement by permanently deleting the Software Application, and any backup or archival copies, from the mobile device(s) on which they are stored and agree to return any proprietary or confidential information that may be in the User’s possession.(d) Severability.If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.(3) No Purchase PriceUser recognizes that the Software Application is a Beta version software application. User shall pay no purchase price for the Software Application, but shall abide by the terms of this Agreement.(4) Confidential Information(a) Confidentiality.User shall allow Developer to gather certain information about the User’s usage of the Software Application, including system test results, etc. according to the Privacy Policy, which is hereby incorporate by reference.User recognizes that User’s operation of the Software Application shall allow User to come into possession of information that may comprise valuable trade secrets and other confidential information (“Confidential Information”) which is exclusively owned by Developer. User expressly recognizes that such Confidential Information is being conveyed to User under conditions of confidentiality, and agrees that User shall not disclose Confidential Information to any third party during the term of use by the User, and for a period of one (1) year following the Date of this Agreement.User shall establish mobile device security policies and procedures designed to ensure the: security and integrity of Developer’s Software Application and Confidential Information; protection against anticipated threats or hazards to the security or integrity of Developer’s Software Application and Confidential Information; and protection against the unauthorized access or use of Developer’s Software Application and Confidential Information.(b) Non-Competition.User recognizes that Developer’s Confidential Information may provide specific information relating to User’s respective industry, and that Confidential Information would unfairly benefit User, if User was to engage in that business. User agrees that, during the term of a period of one (1) year following the Date of this Agreement, User shall not engage in any business which is closely related to Developer’s business, and User shall not enter employment for any third parties which are engaged in any business which is closely related to Developer’s business.(5) Report to DeveloperUser recognizes that the Software Application is a Beta version and that User’s operation of the Software Application may result in bugs and errors. The knowledge of these bugs and errors may be helpful to Developer in its final development of the Alpha version of the Software Application. User agrees to voluntarily report to Developer any bugs or errors which User recognizes in the operation of the Software Application. This report to Developer is strictly voluntary. Failure to report bugs or errors to Developer in no way terminates or alters User’s duties under this Agreement. User may also be sent emails and surveys from time to time. User agrees to voluntarily complete such surveys in a timely fashion.(6) Choice Of LawThis Agreement shall be construed and controlled by the laws of the State of Indiana. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the State of Indiana.(7) Choice of ForumThe Developer and User agree that any legal action relating to this Agreement will be commenced and maintained exclusively before an appropriate state court of record in Kosciusko County, Indiana, or in the United States District Court for the Northern District of Indiana. The parties will submit to the jurisdiction of those courts and waive any right to challenge personal jurisdiction or venue in any action commenced or maintained in those courts.(8) IndemnificationDeveloper shall not undertake to resolve any disputes or litigation on User’s behalf involving use of the services described herein, and User agrees that it shall indemnify, hold Developer harmless and defend Developer against any disputes involving use of the Software Application.(9) DisclaimersThe Software Application is provided by Developer “AS IS”, without warranty of any kind to user or any third party, including, but not limited to, any express or implied warranties of merchantability of the Software Application; fitness for licensee’s purpose or system integration; accuracy of informational content; non-infringement; quiet-enjoyment; and title. User agrees that any efforts by Developer to modify its goods or services shall not be deemed a waiver of these limitations, and that any Developer warranties shall not be deemed to have failed of their essential purpose. User further agrees that Developer shall not be liable to User or any third party for any loss of profits, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind including but not limited to damages caused by bugs or errors, whether under this agreement or otherwise, even if Developer was advised of the possibility of the possibility of such damages or was grossly negligent. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to User. In such jurisdictions, Developer’s liability is limited to the greatest extent permitted by law.(10) Incorporation of Terms of Use and Privacy Policy; Entire AgreementBy using the Software Application, User agrees to be bound by the Terms of Use and Privacy Policy controlling use of said Software Application, hereby incorporated by reference. To the extent that this Agreement conflicts with either the Terms of Use or the Privacy Policy, this Agreement shall supersede and shall also supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing and shall be effective only after affixation of both parties’ signatures.(11) Knowing Consent and Authority to ConsentThe parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.By installing and running the Beta Version of this software, the user hereby acknowledges and agrees to all of the Terms and Conditions contained within this agreement.  

  Privacy PolicyLast Updated August 17, 2021Our Commitment to PrivacyWe respect the privacy of your information. We provide this explanation about our online information practices as a show of our commitment to protect your privacy.We do not sell or rent your personally-identifying information collected during your use of our Platform or application without your permission. By using our Platform either as a service provider or client, you agree that we may share or use your personally-identifying information for the sole purpose of connecting you with other users through use of our Platform. The Information We CollectAt the time you register on our Platform or otherwise input information, we may collect and store your name, address, location, health information, or other personal information. We need this information to provide goods and services that you request and to let you know of additional goods and services about which you might be interested. We also use this information to customize your experience using our Platform or application.In addition, we automatically gather general analytical information about our Platform and application users, such as but not limited to: IP addresses, client preferences and usage, confirmed appointments, services offered, likeness, pages viewed, number of visitors, etc., but in doing so we do not reference you by individual name, e-mail address, home address, or telephone number. We use this data in the aggregate to determine how much our customers use parts of our Platform so we can improve our Platform. We may provide this data to third parties.As part of our service, we may use cookies to store and sometimes track information about you in order to help target advertisements based on your user activity. If you obtain goods or services provided by one of our retail partners or service providers, we may exchange with the vendor personally-identified information about you for purposes of your transaction.The Way We Use InformationWe use your personally-identifying information to improve our marketing and promotional efforts, to analyze Platform usage, to improve our content and product offerings and to customize our Platform’s content, layout, and services.We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We may ask you to voluntarily provide us with additional information regarding your personal or business interests which we may use to customize our service for you.We may use your e-mail address and phone number to send product notifications or contact you regarding administrative notices, new product offerings and communications relevant to your use of the Platform.We may also use or disclose information to resolve disputes, investigate problems, or enforce our Terms of Use Agreement. At times, we may review status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service or improve our products and services.SecurityWe employ reasonable and current security methods to prevent unauthorized access, maintain data integrity, and ensure correct use of information.Your account information and profile are password-protected. We recommend that you do not share your password with anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.We also use your IP address to help diagnose problems with our server, to manage our Platform and to enhance our Platform based on the usage pattern data we receive.How You Can Update, Correct or Delete Your InformationYou can access the information that we collect online and maintain through normal updating methods via your account. To update or correct this information, you can visit your account and make the desired changes. Children Under 13We have no way of distinguishing the age of individuals who access our Platform or application, and so we carry out the same Privacy Policy for individuals of all ages. Notwithstanding the foregoing, if you are under the age of 13 years of age, then you are not permitted to access our Platform. Third Party PracticesThe Privacy Policy of a Service Provider, advertiser, or promotional service appearing at our Platform may differ from others. Changes to Our PolicyAny changes to our Privacy Policy will be communicated through our Platform or application at least 48 hours in advance of its effective date. Information collected before changes are made will be secured according to the previous Privacy Policy. Continued use of our Platform after notice is provided shall indicate acceptance of changes made to our Privacy Policy.Your ConsentBy using our Platform, you consent to the collection and use of this information in the manner we describe. 

   TERMS OF USELast Updated: April 29, 2021This Web platform located at https://levelup-meds.com and related application and Web pages (collectively, the “Platform”) is provided by Delury Enterprise, LLC referred to as “we,” “us,” or “The Company”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE FEATURES AND FUNCTIONALITY OF THE SERVICES MADE AVAILABLE VIA THE PLATFORM. By accessing or using the Services, (including mobile applications) made available by The Company, however accessed, you agree to be bound by these Terms of Use. The Service is owned or controlled by The Company. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE THE SERVICES MADE AVAILABLE VIA THE PLATFORM.If you have reached the age of legal majority in your jurisdiction and you are not otherwise incapable of binding yourself to an agreement, then by using our Services you represent and warrant to us that you have read these Terms, that you understand these Terms constitute a legally binding agreement, and that you agree to be bound by the Terms of this agreement.If you have reached the age of legal majority in your jurisdiction but you are not capable of binding yourself to an agreement, or you are between the ages of 13 years old and the age of legal majority in your jurisdiction, then by using our Services you represent and warrant to us that your parent or legal guardian has read these Terms, that your parent or legal guardian understands these Terms constitute a legally binding agreement, and that your parent or legal guardian agrees to be bound by the Terms of this agreement. If you are under the age of 13 years old, then you are not permitted to use our Services.If you are accepting the Terms of Service and using the Services on behalf of a company, organization, government or other entity, you represent and warrant that you are authorized to do so and have the authority to bind the entity to the Terms of Service, and the words “you” and “your” as used in the Terms of Service shall refer to both you and the entity.We may modify these Terms of Use, stop our Services, create limits on use and storage, refuse any Content, terminate your use of the Services or the use of the Services by any other users at any time for any reason. When any such change is made, we will notify you by e-mail or online postings. If you do not agree to be bound by the changes, you should not use the Platform again. If you use the Platform after the Company has modified these the Terms of Use, you are agreeing to be bound by all of the modified Terms of Use. We encourage you to review these Terms of Use periodically prior to your use of the Platform.Certain information made available via the Platform may be provided from registered users, as further described below in the section entitled User Provided Content. We do not have any obligation to verify the background or credentials of any registered user or the accuracy of information, reference materials, advice or other User Content provided by any user. We undertake to provide accurate and up-to-date information on the Platform for the portions of the content provided by us. However, you understand and agree that information contained on this Platform is subject to change and the Platform is provided “AS IS.” Accordingly:• YOUR USE OF THE INFORMATION AND USER CONTENT MADE AVAILABLE VIA THE PLATFORM IS AT YOUR OWN RISK.• The information on this Platform may not be relied upon as financial or professional advice. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Platform, and you are solely responsible for any decisions made based on such information.• You understand that by using the Services, you may be exposed to Content that is inaccurate, offensive, disturbing, deceptive or inappropriate. All Content is the sole responsibility of the person who posted such Content. We may not monitor or control the Content posted on the Website and we do not take any responsibility whatsoever for such Content.• The passage of time can render information contained in, or linked to, this Platform stale. We are not responsible for any misimpressions which may result from the use of dated material. You should consider the dates of issuance of all items and information contained in, or linked to, this Platform. We do not undertake any duty to update, supplement, correct, comment upon or modify any information contained in the Platform or any Web Platform to which it is linked.Registration Data; Login and Passwords; Electronic Passwords.In order to view and submit content to the Platform you may be required to register as a user of the Platform by completing the registration application. Portions of this Platform are only available to registered users. You will not be able to access all functionality of the Platform unless you are a registered user. In consideration of your use of the Platform, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). Each individual may maintain only one registered user account. We reserve the right to verify any information you submit as Registration Data.As a registered user, you will have login information, including user names and passwords to access certain functionality of the Platform. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You will not allow others to use the login information. You will notify us of any breach in secrecy of your login information and ensure that you logout of your account at the end of each session. You agree to immediately notify us by e-mail of any potential breaches of secrecy of the login information or of the discovery of any fraudulent use of your login information. We reserve the right to suspend, deactivate, or replace login names and passwords at any time for cause.You acknowledge and agree that we may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms of use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Sponsor, its users and the public.You agree to transact business with us electronically. Said agreement applies to all transactions conducted through the Platform. You may refuse to transact business with us at any time in the future by notifying us in writing. You will need to maintain equipment, software and Internet access necessary to access and use the features made available via the Platform, as well as to request and access any copies of these Terms of Use or Privacy Policy.User Provided Content.As a registered user of the Platform, you may submit content, including images, text, and other content enabled by the Platform from time to time (“User Content”), and you and other users may access and use such User Content, subject to the restrictions stated in these Terms of Use.Any User Content submitted to the Platform may be made available to other users of the Platform. Do not submit User Content if you do not want other users to have access to it. You may designate User Content as private, although we reserve the right to limit the amount of User Content designated as private and the duration of time it may be retained by the Platform. DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION IN VIOLATION OF ANY APPLICABLE LAW.To the extent you have and retain ownership rights in and to the User Content, by submitting User Content to the Platform, you grant The Company the non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part, including modified or adapted versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership. You warrant you have all rights necessary or appropriate to disclose such User Content and post it to the Platform, and that submitting the User Content will not violate the rights of any third party, including without limitation any proprietary or privacy rights.You hereby represent and warrant that you have all right, power and authority to provide the User Content you provide and grant the rights granted by you herein. You agree you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights.We reserve the right to refuse or delete any User Content in our sole discretion. including, without limitation Content that is:a. inaccurate;b. offensive;c. disturbing;d. deceptive;e. inappropriate;f. in violation of copyrights or trademarks or other intellectual property rights;g. unlawful;h. harassing;i. bigoted;j. violent; ork. disgusting. Software Downloads.Any software that is made available (whether as User Content or otherwise) to download from us or our Platform may be protected by copyright of the owner or licensor. Your use of the software shall be subject to the terms of the end user license agreement, if any, which accompanies, or is included with, the software. You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the terms of the license agreement terms. Any reproduction or redistribution of the software not permitted by the terms of the license agreement is prohibited by law, and may result in severe civil and criminal penalties.For any software not accompanied by a license agreement, the Company, to the extent it can do so based on the license granted by other users, acknowledges you have permission to display, copy, distribute download and use the software, on the conditions that:(1) Both the copyright notice identified below and this permission notice appear in the software;(2) The use of such software is solely for your personal or internal business purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and(3) The software is not modified in any way.The Company Products and Services.This Platform may provide information regarding The Company products and services, including without limitation product demonstrations, and to facilitate information sharing between users of our products and services.Information displayed by the Company regarding products or services offered by us represents only a solicitation of interest and not an offer. The Company explicitly reserves (i) the right to stipulate terms for sale, license or use of such products or services at the time they are ordered or purchased, and (ii) the right to withdraw or modify the products or services, to limit available quantities, or to decline an order or purchase.We have no obligation to provide technical support or maintenance for the Service.Advertising.In consideration for The Company granting you access to and use of the Services, you agree that The Company and its third-party providers and partners may place advertising on the Services. If you use advertising features of the Services, you must agree to our Advertising Agreement.Third-Party Links.From time to time, the Platform may contain links or other references to third-party materials (including without limitation other Web Platforms) not controlled by us or our suppliers or licensors. We provide such information and links as a convenience to you and should not be considered endorsements of such Platforms or any content, products or information offered on such Platforms. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third-party Platforms accessible or linked to the Platform.Restrictions.You agree not to use the Platform for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, you agree that you will not:• Post personally identifiable information (as images or text) to publicly viewable areas or otherwise violate local and federal privacy protection regulations;• Collect or store personal data about other users, including e-mail addresses;• Threaten, harass, “stalk,” abuse, slander, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;• Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral, or otherwise objectionable material or information;• Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Platform;• Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;• Interfere with or disrupt the Platform, networks or servers connected to the Platform, such as by attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, such as by overloading, “flooding,” “spamming,” “mailbombing,” or “crashing, sending unsolicited e-mail, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or otherwise violating the regulations, policies or procedures of such networks or servers;• Attempt to gain unauthorized access to the Platform, logins, and passwords of others, or computer systems and networks connected to the Platform;• Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise);• Employ any type of bots that can disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, show multiple screens, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;• Use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Platform other than the search engine and search agents which The Company makes available on the Platform and generally available third-party Web browsers;• Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.• Link, “frame” or “mirror” any content or information contained on or accessible from the Platform through use of your login information without the prior written approval of the Company or its licensors, as may be appropriate.Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.You agree to:• Comply with all notices, instructions and rules posted on the Platform;• Implement all Internet access and all security procedures required to use the Platform at the sole expense of You; and• Take any and all applicable administrative, physical, and technical safeguards to protect the security of the electronic exchange of patient information as set forth by federal regulations.From time to time, we may establish general practices and limits concerning use of the Platform without notice to you. These general practices and limits may include, without limitation, the maximum number of days that User Content will be retained by the Platform, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Platform or any change in these policies.Intellectual Property Rights Notice.Except for the User Content you submit, all of the content you see and hear on the Platform, including all data, images, logos, illustrations, graphics, sound, audio clips, software, and text, represents valuable proprietary and intellectual property of other users, the Company or its licensors. Such content and information are protected by international, federal, and state laws, rules, orders and regulations relating to intellectual property.Except for the permission you have to display, copy, distribute, and download the User Content from this Platform, as described in the section entitled “User Provided Content,” you agree not to reproduce, distribute, display, revise, create derivative works of, copy, publish, sell, license, or edit any such content and information. You may not “mirror” any content or information contained on this Platform without our advance written consent. You may not create links to this Platform from other Platforms without our advance written consent and compliance with all applicable laws.The Company logos and service marks and product and service names are The Company trademarks or registered trademarks in the United States and other countries. These Terms of Use do not grant you any license in The Company trademarks.Use of the Internet.Internet software or electronic transmissions may produce inaccurate or incomplete copies of the Platform’s content when downloaded and displayed on any computer. We do not assume any liability or responsibility whatsoever for such matters or the inaccurate or incomplete information or data arising from software problems, transmissions errors, the display of content in browser frames displaying information from other Web Platforms, or any misinterpretation of the content for such reasons. We are not responsible for computer viruses or other destructive programs which are introduced by visitors or other providers or software or content. You are advised to employ security and virus protection software on all computer systems used to access the Internet or to share files with other computer systems. Any unprotected e-mail communication over the Internet is, as with communication via any other medium, subject to possible interception or loss.Indemnity.You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents, and contractors, from all damages, injuries, liabilities, costs, fees, fines, penalties, and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Platform by you or any of your employees, contractors or agents.Disclaimers.The information provided by The Company is provided for informational purposes only and does not act as a warranty or guaranty. THIS PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.We do not endorse, recommend or guarantee any User Content or any opinion, recommendation or advice expressed therein and we expressly disclaim any and all liability in connection with any content made available via the Platform, including without limitation User Content. We assume no responsibility for the accuracy, timeliness, deletion, misdelivery of information or failure to store any user communications or personalization settings.Limitations.IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS PLATFORM OR ANY CONTENT OR INFORMATION ASSOCIATED THEREWITH, OR ANY OTHER LINKED Web Platform, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.Special Admonitions for International Use.Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, personal health information and the content made available via the Platform or the Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.Additional Features.Additional terms and conditions may apply for your use of certain features of the Platform, such as the purchase of products or services. Some of the features or functionality of the Platform may require you to have third party software installed on the equipment you use to access the Platform. You are solely responsible to obtain and maintain all rights and licenses to third party software and equipment necessary to utilize such features and functionality.Suspension and Termination of a Registered User Account.We spend valuable resources to provide the Platform, and your access and use of the Platform is a privilege and not a right. We, in our sole discretion, may suspend or terminate access of any registered user, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, including without limitation allowing third parties to use or access the Platform using your login information. Although we have no obligation to monitor the User Content, we reserve the right to log off accounts that are inactive for an extended period of time. We reserve the right to determine whether User Content is appropriate.In our sole discretion, we may remove and discard any User Content or other content, in whole or in part, within the Platform for violation of these Terms of Service, with or without notice. We reserve the right to discontinue providing the Platform with or without notice.We may immediately deactivate or delete your account and all related information and files related to any registered user account and/or bar any further access to such files or the Platform. You agree that we shall not be liable to you or any third party for any termination of your access to the Platform.Miscellaneous.In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Platform shall constitute a consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Indiana, United States of America. Authority to Accept Terms of Service.By using our Services, you represent and warrant that you have the authority to accept these Terms of Service on behalf of yourself and any organization or institution you represent, that you are more than 18 years of age, and will abide by and comply with these Terms of Service. If you do not agree with these Terms of Service, do not click “I Agree” and do not access the Platform.Choice of Law.Your relationship is with Delury Enterprise, LLC, an Indiana LLC, and the Services and Software are governed by the law of Indiana, U.S.A. You may have additional rights under state or national consumer law. We do not seek to limit those rights where it is prohibited by law.Procedure for Making Copyright Infringement Claims.The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).For your complaint to be valid under the DCMA, you must provide the following information when providing notice of the claimed copyright infringement: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work or other intellectual property that you claim to have been infringed; (3) identification of the material that you claim is infringing as well as information reasonably sufficient to permit us to locate the material on the Web Platform; (4) your address, telephone number, and e-mail address; (5) a statement by you that you as the complaining party have 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, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The foregoing information must be submitted as a written notification to the following Designated Agent:Delury Enterprise, LLCC/O Kyle Gough, Kyle Gough Law4211 Clubview Drive, Fort Wayne, IN 46804Fax (574) 635 3200kgough@kylegough.comWE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C.A. 512(c)(3).NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of e-mail abuse, and third party reports of piracy, will not receive a response through this process.