METAPLEXUS TERMS OF USE

(“Agreement”)

ACCEPTANCE OF TERMS THROUGH USE

Welcome to metaplexus.io. By using this Site or by clicking “I agree” to this Agreement, you

(“User”) signify your agreement to these terms and conditions. If you do not agree to this

Agreement, please do not use this Site and do not click “I agree.” Please check this Agreement

periodically for changes as the owner of this Site, Metaplexus, LLC (hereinafter referred to as

“Metaplexus” or simply as “Company”) reserves the right to revise this Agreement. In the

event of a change to this Agreement, your continued use of this Site following the posting of any

changes constitutes acceptance of such changes. The Company reserves the right to terminate a

User’s use of this Site at any time without notice and may do so for any breach of this

Agreement.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS

AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person 18 or older. If a parent

or guardian wishes to permit a person under 18 to access this Site, they should email the

Company with their explicit permission and acceptance of full legal responsibility. If you are not

yet 18 or are accessing this Site from any jurisdiction where this material is prohibited, please

exit now as you do not have proper authorization.

LICENSE TO USE THIS SITE

Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited

license to use this Site in strict accordance with the terms and conditions in this Agreement. You

agree not to make any false or fraudulent statements as you use this Site. You acknowledge and

agree that all content and services available on this Site are property of the Company and are

protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary

rights under the laws and regulations of the United States and internationally. All rights not

expressly granted herein are fully reserved by the Company, its advertisers, and licensors. You

agree to pay for any and all purchases and services using your name and credit card through this

Site, not to challenge any such charges and to pay for all collections and/or attorneys' fees

resulting from any non-payment.

Privacy

Your access to and continued use of this Site is also governed by Company’s Privacy Policy.

Please review the Privacy Policy here: earn.metaplexus.io/privacy-policy

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell,

license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly

perform, publish, adapt, edit, or create derivative works from materials from this Site. Systematic

retrieval of data or other content from this Site to create or compile, directly or indirectly, a

collection, database or directory without written permission from the Company is prohibited. In

addition, use of the content or materials for any purpose not expressly permitted in this

Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by the Company, you shall use your

best efforts to prevent access to this Site through your Username and Password by anyone other

than yourself, including but not limited to, keeping such information strictly confidential, using a

secure Username and Password not easily guessed by a third party, and notifying the Company

immediately if you discover loss or access to such information by an unauthorized party.

You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble,

translate or otherwise alter any executable code, contents or materials on or received via this

Site. You understand that such actions are likely to subject you to serious civil penalties and

criminal actions and that the Company shall pursue such criminal or civil means to the fullest

extent of the law to protect its rights and the rights of its other licensors.

Export

You agree that you shall comply with all applicable export and import control laws and

regulations in your use of this Site or materials or services received through this Site, and, in

particular, you shall not export or re-export anything on or received through this Site in violation

of local or foreign export laws and/or without all required U.S. and foreign government licenses.

3

Errors and Corrections

While we use reasonable efforts to include accurate and current information on our Site, we do

not warrant or represent that the Site will be error-free. Data entry errors or other technical

problems may sometimes result in inaccurate information being shown. We reserve the right to

correct any inaccuracies or typographical errors on our Site, including pricing and availability of

products and services, and shall have no liability for such errors. We may also make

improvements and/or changes to the Site’s features, functionality, or content at any time. If you

see any information or description you believe to be incorrect, please contact us at

contact@metaplexus.io and we’ll verify it for you.

LINKS TO OTHER WEBSITES

Our Site contains links to other websites for your information and convenience or to provide

additional shopping for various other goods and services through our Merchant and Services

Partners. These third-party websites are responsible for, and undertake to maintain, their own

Site terms of use. We suggest that you carefully review the terms of use of each Site you choose

to access from our Site.

USER’S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this Site or

communicate to the Company through this Site (collectively “Submissions”) shall forever be the

property of the Company. The Company shall not treat any submission as confidential and shall

not incur any liability as a result of any similarities that may appear in future Company services

or products. Without copy, the Company shall have exclusive ownership of all present and future

existing rights to any Submission of every kind and nature everywhere. You acknowledge that

you are fully responsible for the message, including its legality, reliability, appropriateness,

originality and copyright. You hereby represent and warrant that your Submission does not

infringe the rights of any third party.

USER CONDUCT

By using features of this Site that allow you to post or otherwise transmit information to or

through this Site, or which may be seen by other users, you agree that you shall not upload, post,

or otherwise distribute or facilitate distribution of any content – including text, communications,

video, software, images, sounds, data, or other information – that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,

invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise

in violation of this Site’s rules or policies;

2. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of

publicity, privacy or other proprietary right of any party;

3. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as

“spamming”), chain letters, any other form of unauthorized solicitation, or any form of

lottery or gambling;

4. contains software viruses or any other computer code, files, or programs that are designed

or intended to disrupt, damage, or limit the functioning of any software, hardware, or

telecommunications equipment or to damage or obtain unauthorized access to any data or

other information of any third party; or

5. impersonates any person or entity, including any employee or representative of this Site,

its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of this Site or use

such information for the purpose of transmitting or facilitating transmission of unsolicited bulk

electronic email or communications for any other commercial purpose of your own or a third

party.

You further agree that you shall not solicit or collect information, or attempt to induce any

physical contact with, anyone under the age of 18 without appropriate parental consent.

This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site.

However, this Site and its agents have the right, at their sole discretion, to remove any content

that, in this Site’s sole judgment, does not comply with the Site Submission Rules or is otherwise

harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages or

results in removing such content.

INTELLECTUAL PROPERTY RIGHTS

Copyright

The Site design, text, content, selection and arrangement of elements, organization, graphics,

compilation, magnetic translation, digital conversion, and other matters related to the Site are

protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such

elements on this Site does not constitute a waiver of any right in such elements. You do not

acquire ownership rights to any such elements viewed through this Site. Except as otherwise

provided herein, none of these elements may be used, copied, reproduced, downloaded, posted,

displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s

prior written permission.

Trademark

The Metaplexus name, logo, and all product names, company names, and other logos

(collectively, “Marks”), unless otherwise noted, are trademarks and/or trade dress of Metaplexus.

The use or misuse of any Marks or any other materials contained on this Site, without the prior

written permission of their owner, is expressly prohibited.

THIRD PARTY SITES

You may be transferred to online merchants or other third-party sites through links or frames

from this Site. You are cautioned to read their terms and conditions and/or privacy policies

before using such sites. These sites may contain information or material that is illegal,

unreasonable or that some people may find inappropriate or offensive. These other sites are not

under the control of the Company and are not monitored or reviewed by the Company. The

inclusion of such a link or frame does not imply endorsement of that site by the Company, its

advertisers or licensors, or any association with its operators and is provided solely for your

convenience. You agree that the Company and its licensors have no liability whatsoever as to

such third-party sites and your usage of them.

DISCLAIMER OF WARRANTIES

The Company, its advertisers and licensors make no representation or warranties about this Site,

the suitability of the information contained on or received through use of this Site, or any service

or products received through this Site. All information and use of this Site are provided “as is”

without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all

warranties as to the use of this Site, the information contained or received through use of this

Site, and any services or products received through this Site, including all express, statutory, and

implied warranties of merchantability, fitness for a particular purpose, title and non-

infringement. The Company, advertisers and/or its licensors do not warrant that the contents or

any information received through this Site are accurate, reliable or correct; that this Site will be

available at any particular time or location; that any defects or errors will be corrected; or that the

contents of any information received through this Site are free of viruses or other harmful

components. Your use of this Site is solely at your own risk. User agrees that it has relied on no

warranties, representations or statements other than in this Agreement. Because some

jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to

you but shall apply to the maximum extent permitted by law of your jurisdiction.

LIMITATION OF LIABILITY

Under no circumstances shall the Company, advertisers and/or its licensors be liable for any

direct, indirect, punitive, incidental, special, or consequential damages that result from the use or

inability to use this Site. This limitation applies whether the alleged liability is based on contract,

tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its

licensors have been advised of the possibility of such damage. Because some jurisdictions do not

allow the exclusion or limitation of incidental or consequential damages, the Company,

advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the

maximum extent permitted by law of your jurisdiction.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors,

subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and

directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your

use of this Site, or any services, information or products from this Site, or any violation of this

Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense

and control of any matter otherwise subject to indemnification by you, in which event you shall

cooperate with the Company in asserting any available defenses.

LEGAL COMPLIANCE

Company may suspend or terminate this Agreement or User’s use immediately upon receipt of

any notice which alleges that User has used this Site for any purpose that violates any local,

state, or federal law or regulation, or any law of other nations, including but not limited to the

posting of information that may violate third-party rights, that may defame a third party, that

may be obscene or pornographic, that may harass or assault another, that may violate hacking or

other criminal regulations of its agent, officers, directors, contractors or employees. In such

event, Company may disclose the User’s identity and a subpoena or other legal action, and

Company shall not be liable for damages or results thereof and User agrees not to bring any

action or claim against Company for such disclosure.

CHOICE OF LAW AND FORUM

This Site (excluding third-party linked Sites) is controlled by the Company from its offices

within the State of Texas, United States of America. It can be accessed from all 50 states as well

as from other countries around the world to the extent permitted by Site. As each of these places

has laws that may differ from Texas, by accessing this Site, both you and the Company agree

that the statutes and laws of Texas shall apply to any actions or claims arising out of or in

relation to this Agreement or your use of this Site, without regards to conflicts of laws principles

thereof. You and the Company also agree and hereby submit to the filing of any claim only in the

exclusive personal jurisdiction and venue of Houston, Texas, United States of America and any

legal proceedings shall be conducted in English. The Company makes no representation that

materials on this Site are appropriate or available for use in other locations and accessing them

from territories where their contents are illegal is prohibited.

MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this Site allows posting

and posts such Rules. This Agreement constitutes the entire agreement between the parties

related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or

electronic) agreement between the parties and shall not be changed except by written agreement

signed by an officer of the Company. If any provision of this Agreement is prohibited by law are

held to be unenforceable, the remaining provisions hereof shall not be affected, and this

Agreement as much as possible under applicable law shall continue in full force and effect as if

such unenforceable provision had never constituted a part hereof and the unenforceable provision

shall be automatically amended so as to best accomplish the objectives of such unenforceable

provision within the limits of applicable law.

This Site reserves the right to revise these provisions at its discretion,

so check back from time to time to be sure you are complying with the

most current version.

Last Revised: September 7, 2022