The terms and conditions set forth below (the “Terms of Use”) are applicable at all times while you are utilizing our website, www.camp.cuddeback.com (“CAMP”) and you are legally obligated to abide by such terms and conditions. If you do not agree with any of the terms and conditions of these Terms of Use you should not access CAMP nor should you use any of the services offered on or through CAMP. Your use of and access to CAMP shall be deemed your agreement to be bound by the terms and conditions of these Terms of Use. In addition, you are also directed to our Privacy Policy http://www.cuddeback.com/about/policies. Notwithstanding anything set forth in these Terms of Use to the contrary, CUDDEBACK reserves the right to amend these Terms of Use at any time with or without notice to you; provided, however, all such amendments shall be included in subsequent versions of these Terms of Use which will be available on CAMP. As such, you are encouraged to periodically review these Terms of Use, as amended from time to time, on CAMP. Regardless of whether or not you review these Terms of Use, periodically, on CAMP, you agree to abide and be bound by these Terms of Use as may be amended from time to time by CUDDEBACK.

About Us

CAMP is a website which allows you to activate and manage your CAMP account (“Account”) to facilitate the transfer of your images captured on your Non Typical, Inc. (“CUDDEBACK”) product (the “Product”) to your registered email address (“Email Address”).

Customer Usage

Use and access to CAMP is limited to, only, purchasers of a Product who have created an Account.

General Account Usage

When you create your Account you agree to these Terms of Use, and you specifically acknowledge that you have read and understand each of the following statements and you, further, agree to abide by those which require your compliance: (a) all of the information provided to you with respect to opening your Account is true and correct; (b) your Email Address is a valid email address that you will be required to verify upon creation of your Account and, thereafter, at such times and under such circumstances as CUDDEBACK deems reasonable and appropriate; (c) you will not violate any local, state or federal laws as a result of your use of and access to CAMP; (d) you will not resell or otherwise redistribute any of the CAMP services or features; and (e) you will not violate any of the terms and conditions of these Terms of Use. You acknowledge your responsibility for all of your Account content (“Account Content”) and your, and third parties, activity within or related to your Account. Protection of your Account Content is solely your responsibility by means of your utilization of a secure password recommended by CUDDEBACK to include symbols, lowercase and uppercase letters, numbers which are original to your Account and not utilized with any other website related account that you may have.

CUDDEBACK reserves the right to terminate your Account, deactivate all, or less than all, of your devices registered to your Account and terminate your access to CAMP, without notice and regardless whether or not you are current with respect to payment of any subscription fees, if CUDDEBACK reasonably believes that you have violated any local, state or federal law, rule or regulation or the terms and conditions of these Terms of Use. CUDDEBACK’s right to terminate your Account, or deactivate your devices, under such circumstances may be without explanation and shall not subject CUDDEBACK to any liability to you, or other third parties. Further, CUDDEBACK reserves the right to remove from its servers, in CUDDEBACK’s sole and absolute discretion, any or all of your Account Content to which CUDDEBACK has access.

Notwithstanding that you may voluntarily discontinue your use of and your access to CAMP, including the termination of your Account, on and after such discontinuation you are still bound to comply with the terms and conditions of these Terms of Use.

By activating your Account you acknowledge agreement to the payment option selected by you at the time of purchase, including, but not limited to any data overage charges. Further, you acknowledge that the term of your use and access to CAMP shall be automatically renewed unless you cancel your Account, or deactivate all of your devices registered to your Account, prior to the expiration of your initial term or any renewal term. Your voluntary termination of your Account, or deactivation of all of your devices registered to your Account, whether at the end of your initial term or any renewal term or prior to the expiration of your initial term or any renewal term, shall not entitle you to receive, nor shall it obligate CUDDEBACK to provide to you, any refund of a prepaid subscription fee. In addition, in the event that your use of and access to CAMP and your Account is terminated, involuntarily by CUDDEBACK, you shall not be entitled to receive a refund of any prepaid subscription fee nor shall CUDDEBACK be obligated to remit such refund to you. CUDDEBACK reserves the right to increase CAMP subscription fees at any time and without notice to you, other than CUDDEBACK’s inclusion, should it decide in its sole and absolute discretion to do so, of reference to subscription fee increases in periodic email messages sent to CAMP subscribers, which such price increases shall take effect and be applicable to you on the first day of your next applicable renewal term.

Maintenance of CAMP

CUDDEBACK reserves the right, in its sole and absolute discretion, to modify, or remove CAMP from service thereby eliminating, on a temporary or permanent basis, your access to CAMP. Under such circumstance, CUDDEBACK shall not be liable to you, or to any third party, for such discontinuance whether temporary or permanent.

Wireless Carrier

You acknowledge that CUDDEBACK has engaged the services of a wireless carrier vendor (and may engage additional wireless carrier vendors in the future) with respect to your use of and access to the services connected to CAMP and, you further, acknowledge that you have no contractual relationship with any wireless carrier engaged by CUDDEBACK with respect to CAMP. As such, you acknowledge having no claim or third party cause of action against any wireless carrier engaged by CUDDEBACK with respect to CAMP.

Submitted Images and Use

You acknowledge your understanding and agreement that CUDDEBACK may store and utilize images transmitted by you through CAMP as described herein and that the nature and length of CUDDEBACK’S storage of your images is dependent upon the type of Account maintained by you from time to time. CUDDEBACK is continually seeking new and better ways to enhance and improve the CAMP experience. In order to facilitate CUDDEBACK’S ongoing improvement efforts and in consideration of your access to and use of CAMP, the receipt and sufficiency of which is hereby acknowledged, you grant to CUDDEBACK a non-exclusive limited license (the “Limited License”) allowing CUDDEBACK to view your images and use them to: (A) facilitate CUDDEBACK’S development of software using image recognition artificial intelligence to improve and expand CAMP registrants’ options for storing and accessing their own images; and (B) train CUDDEBACK employees on the use of newly developed technology as such technology is implemented and made available, from time to time, to CAMP registrants. While you, at all times, remain the sole owner of your images any software developed using your images, and the images of other CAMP registrants, arising out of or related to CUDDEBACK’s exercise of its rights granted under the Limited License, shall be the exclusive property of CUDDEBACK and you shall not acquire any proprietary interest in such technology.

Opt-Out Policy

Notwithstanding anything set forth in these Terms of Use to the contrary, if you do not wish to grant CUDDEBACK the Limited License referenced above you may “Opt-Out” at the time of setting up of your Account or at any time thereafter by navigating to your Account “Billing Plan” tab and selecting the Opt-Out available option.

Warranty Disclaimer

YOUR USE OF AND ACCESS TO CAMP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUDDEBACK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN AND ABOUT CAMP WILL BE UNINTERRUPTED, ERROR FREE, BUG FREE, VIRUS FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT CAMP OR THE SERVERS THAT MAKE CAMP AVAILABLE TO YOU ARE FREE OF ERRORS, BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CUDDEBACK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR ACCESS TO MATERIALS AND INFORMATION ON CAMP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM USE OF CAMP. WHILE CUDDEBACK WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON CAMP, ERRORS OR OMISSIONS MAY OCCUR AND CUDDEBACK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANYTHING ON OR ASSOCIATED WITH CAMP.

LINKS TO OTHER THIRD PARTY WEBSITES NOT OWNED OR CONTROLLED BY CUDDEBACK MAY BE AVAILABLE FOR ACCESS THROUGH CAMP. SUCH EXTERNAL THIRD PARTY INTERNET ADDRESSES CONTAIN INFORMATION CREATED, PUBLISHED, MAINTAINED OR OTHERWISE POSTED BY ORGANIZATIONS INDEPENDENT OF CUDDEBACK. CUDDEBACK DOES NOT ENDORSE, APPROVE, WARRANT, CERTIFY OR OTHERWISE ASSUME ANY RESPONSIBILITY FOR ANY INFORMATION, CONTENT, PRODUCT OR SERVICES REFERENCED OR PROVIDED BY SUCH THIRD PARTIES OR DISPLAYED ON THEIR WEBSITES.

SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, SHALL CUDDEBACK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ANY INDIVIDUAL OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING CAMP, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE (INCLUDING ANY DISRUPTION CAUSED BY A SYSTEM OR OTHER FAILURE AFFECTING SUCH USE), THE PROCESSES AND FUNCTIONS OF CAMP OR CAMP ITSELF, EVEN IF CUDDEBACK OR A REPRESENTATIVE OF CUDDEBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUDDEBACK FURTHER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR DUE TO VIRUSES THAT INFECT YOUR COMPUTER, TABLET, PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF AND ACCESS TO CAMP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXTS, IMAGES, VIDEO OR OTHER MEDIA FROM CAMP. FURTHER, CUDDEBACK ASSUMES NO LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE LOSS, THEFT, DESTRUCTION OR DELETION OF YOUR IMAGES ASSOCIATED WITH CAMP AND YOUR ACCOUNT.

FURTHER, UNDER NO CIRCUMSTANCE SHALL CUDDEBACK BE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER ARISING OUT OF OR RELATED TO THE LOSS OR THEFT OF YOUR PRODUCT, NON-FUNCTIONALITY OR MALFUNCTION OF YOUR PRODUCT OR YOUR PRODUCT’S INABILITY TO CONNECT TO CUDDEBACK’S WIRELESS CARRIER(S). YOUR SOLE REMEDY FOR THE LOSS OF ANY SERVICES AND/OR OF ANY IMAGES OR OTHER DATA OF YOURS THAT MAY BE, AT ANY TIME, UNDER THE CONTROL OF CUDDEBACK SHALL BE TO DEACTIVATE ALL OF YOUR DEVICES REGISTERED TO YOUR ACCOUNT AND/OR TO DISCONTINUE AND CANCEL YOUR ACCOUNT.

SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Statute of Limitations

You agree that, unless otherwise prohibited by an applicable statute or law, any claim or cause of action arising out of or related to CAMP or these Terms of Use must be commenced by you within one (1) year after such claim or cause of action accrued.

Trademarks and Copyrights

CAMP™, CUDDELINK®, CUDDEBACK® and all other trademarks, services marks, trade names and logos used by CUDDEBACK whether registered or unregistered are owned by CUDDEBACK and may not be used or reproduced by you without CUDDEBACK’s prior written permission which such permission may be withheld for any reason or for no reason at all. All information and content included by CUDDEBACK on CAMP’S website is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, or utilizing in any manner any of such CUDDEBACK related intellectual property for commercial or public purposes. Violation of the terms and conditions of these Terms of Use may result in legal action taken being taken against you to enjoin the unauthorized use of CUDDEBACK’s intellectual property.

Indemnification

You agree to indemnify, defend and hold harmless CUDDEBACK, its officers, directors, shareholders, employees and agents harmless from and against all losses, damages (including special, consequential, punitive or otherwise), claims, causes of action, liabilities, costs and expenses, including reasonable attorneys’ fees, judgments, fines, fees and penalties and any other charges (“Losses”), arising out of or related to your use of or access to CAMP and, specifically, any Losses which arise out of or are related to your breach or violation of the terms and conditions of these Terms of Use.

Invalid Provisions

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and these Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining terms and conditions of these Terms of Use shall remain in full force and effect.

Consumer Rights/California Civil Code §1789.3

Charges for services and pricing information has been provided to you as part of the process of setting up your Account. If you are a resident of the State of California and if you have a complaint or inquiry regarding pricing policies, in accordance with California Civil Code §1789.3, all correspondence should be addressed to the following address: Non Typical, Inc., attention Notification of California Consumer Rights Complaint or Pricing Inquiry, P.O. Box 10447, Green Bay, Wisconsin 54307-0447; phone (920) 347-3810. If you contact CUDDEBACK with complaints or inquiries regarding pricing and CUDDEBACK will review those matters and respond appropriately. As a California resident you may contact the California Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, in writing, at 1625 N. Market Blvd., Suite N112, Sacramento, California 95834 by telephone at (916) 445-1254 or at (800) 952-5210.

Arbitration

All disputes, complaints, controversies and causes of action arising out of, under or related to these Terms of Use or CAMP or in any way relating to: (a) the relationship between you and CUDDEBACK as contemplated herein; (b) your waiver of a right to a jury trial as set forth below; (c) your agreement to initiate any claim against CUDDEBACK in your individual capacity, only; and (d) your waiver of any rights that you may have to participate in a class action lawsuit against CUDDEBACK as a member of a class, including, but not limited to, as a class representative, shall be resolved through binding arbitration located in Green Bay, Brown County, Wisconsin. Arbitration may be initiated by you or CUDDEBACK providing to the other party written notice of a request for arbitration which such notice shall include facts of sufficient detail in order to apprise the other party of the nature of the alleged dispute. Each party shall appoint one (1) representative (the “Representative”) and the Representatives shall, thereafter, mutually agree upon and select one (1) person who shall serve as the parties’ arbitrator hereunder (the “Arbitrator”). If the parties’ Representatives are unable to agree, as determined in the sole discretion of CUDDEBACK’s Representative, as to the appointment of the Arbitrator, then the Arbitrator shall be selected by CUDDEBACK’s Representative with notice of said selection being delivered to you in writing; provided, however, that the Arbitrator selected solely by CUDDEBACK’s Representative must be a former Wisconsin Circuit Court judge. The initiating party’s Representative shall be identified in the initiating party’s initial notice. The other party’s Representative shall be named, in writing, by delivery of a notice to the initiating party within fifteen (15) business days of said party’s receipt of the initial arbitration notice. Each of parties’ Representatives shall be members in good standing of the Wisconsin State Bar Association and who shall have expertise in commercial disputes and/or business transactions. The parties’ Representatives shall select the Arbitrator who shall also be a member in good standing of the Wisconsin State Bar Association and who shall also have expertise in commercial disputes and/or business transactions or a former Wisconsin Circuit Court judge. If either you or CUDDEBACK fails to timely appoint a Representative, then the other party’s timely appointed Representative may select the Arbitrator; provided, however, that the Arbitrator appointed in this manner must be a former Wisconsin Circuit Court judge. The Arbitrator shall provide a written decision stating the Arbitrator’s findings based on the facts and the applicable law. Except as specifically set forth herein, all matters relating to the arbitration proceedings contemplated in these Terms of Use, shall be governed by and be conducted in accordance with Chapter 788 of the Wisconsin Statutes, as may be amended from time to time. The decision of the Arbitrator shall be conclusively binding on both you and CUDDEBACK.

The terms set forth herein with respect to arbitration, are self-executing. If you refuse or neglect to appear at or participate in any arbitration proceeding conducted pursuant to these Terms of Use, the Arbitrator shall proceed ex parte to decide the matter in accordance with the evidence as presented by CUDDEBACK. All hearings conducted by the Arbitrator shall be conducted within forty-five (45) days of the date of the Arbitrator’s written acceptance of appointment and all discovery deadlines and other time sensitive matters shall be scheduled by the Arbitrator consistent therewith. Not later than seven (7) business days prior to any arbitration hearing, including, but not limited to, a final hearing, you and CUDDEBACK shall deliver to one another and to the Arbitrator, a written list of the names of all witnesses and a specific written summary of the testimony expected to be provided by each witness. In addition, each party shall provide to the other party copies of all documents intended to be presented at any hearing within said seven (7) business day time period. No witness or document shall be allowed to testify at or shall be allowed presented at any hearing which has not been disclosed to the other party and to the Arbitrator as required in the preceding sentences.

Under all circumstances, the attorneys’ fees, costs and expenses which you incur arising out of or related to arbitration of any matter under these Terms of Use shall be your sole and absolute obligation. The Arbitrator shall have no authority to rule in favor of either party with respect to any prevailing party, or similar concept, award of attorneys’ fees, reasonable or otherwise, costs and expenses.

Notice to you required by these Terms of Use shall be given by CUDDEBACK at the mailing or email addresses provided to CUDDEBACK when you set up your Account. Notice to CUDDEBACK required by these Terms of Use shall be given to CUDDEBACK by certified mail, return receipt requested, at Non Typical, Inc., P.O. Box 10447, Green Bay, Wisconsin 54307-0447.

Waivers

AS PREVIOUSLY STATED ABOVE, WHEN YOU CREATE YOUR ACCOUNT YOU AGREE TO THESE TERMS OF USE, INCLUDING EACH OF THE FOLLOWING WAIVERS: (A) YOUR RIGHT TO HAVE ANY DISPUTE, COMPLAINT, CONTROVERSY OR CAUSE OF ACTION ARISING OR RELATED TO THESE TERMS OF USE OR CAMP RESOLVED BY A JURY TRIAL; AND (B) ANY RIGHT OR OPPORTUNITY THAT YOU MAY HAVE TO PARTICIPATE, AS A MEMBER OR AS A CLASS REPRESENTATIVE, IN ANY CLASS ACTION LAWSUIT FOR WHICH CUDDEBACK, OR ANY INDIVIDUAL OR ENTITY AFFILIATED WITH CUDDEBACK, IS A DEFENDANT.

YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK THE ADVICE OF ATTORNEYS OR OTHER INDEPENDENT COUNSEL, WITH RESPECT TO THE WAIVERS SET FORTH ABOVE, AND THAT WHETHER OR NOT YOU HAVE DONE SO YOU HAVE DECIDED TO VOLUNTARILY AGREE TO SUCH WAIVERS.

Choice of Law and Venue

CUDDEBACK operates from its offices located in the State of Wisconsin, United States of America and CAMP is administered from said location. By choosing to use and access CAMP from within or outside the State of Wisconsin, United States of America, you agree to be subject to the jurisdiction of the courts of the State of Wisconsin and the United States of America and, further, to comply with any and all, state or federal rules, regulations, statutes or laws applicable. Although you agree that any dispute, complaint, controversy or cause of action arising under or related to these Terms of Use or CAMP must be resolved through binding arbitration as set forth above, you acknowledge that certain issues of law, including enforcing the arbitration terms set forth above, may be subject to resolution by a court of competent jurisdiction. Therefore, these Terms of Use and all questions of their interpretation, performance, enforcement, and the rights and remedies that you or CUDDEBACK may have in connection therewith, other than those to be resolved by arbitration, shall be determined in accordance with the laws of the State of Wisconsin, United States of America. Any interpretation or construction of these Terms of Use shall be without regard to any presumption or rule requiring construction against CUDDEBACK for having prepared these Terms of Use. By creating your Account you specifically submit to personal jurisdiction of the courts of general jurisdiction for Brown County, Wisconsin, United States of America, and you agree that the venue for any legal action arising out of any matter related to these Terms of Use, including their interpretation, shall be in either the Circuit Court for Brown County, Wisconsin, United States of America or the United States District Court for the Eastern District of Wisconsin, located in Green Bay, Wisconsin, United States of America.