Terms of Use Agreement

State of New York

Rev. 1343F05

PHILADELPHIA EDDIE TATTOO SUPPLY

Version Date: April 03, 2023

This Terms of Use Agreement ("Agreement"), along vith our Company Privacy Policy

legally b inding

(https://philadelphiaeddietattoosupply.bigcartel.com/privacy-policy), constitutes

agreement made between you, whether personally or on behalf of an entity ("user" or "you") and

Philadelphia Eddie Tattoo Supply and its affliated companies, Websites, applications and

tools (collectively, Philadelphia Eddie Tattoo Supply, "Company" or "we" or "us" or "our"), concerning concerning your

access to and use of the www.philadelphiaeddietattoosupply.com Website(s) as well as any other media

form, media channel, mobile website or mobile application related or connected thereto (collectively, the

"Sites"). The Sites provide the following service: Tattoo supplies ("Company Services"). Supplemental

terms and conditions or documents that may be posted on the Sites from time to time, are hereby

expressly incorporated into this Agreement by reference

Company makes no representation that the Sites is appropriate or available in other locations other than

where it is operated by Company. The information provided on the Sites is not intended for distribution to

or use by any person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject Company to any registration requirement within such

jurisdiction or country . Accordingly, those persons who choose to access the Sites from other locations do

t pNd nice with, local laws, if and to the

so on their own initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not

permitted to register for the Sites or use the Company Services

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH

ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY

CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR

TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT

USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES

PURCHASES; PAYMENT

Philadelphia Eddie Tattoo Supply may offer free trial or sample of our products or services. The duration

of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free

options please read through them carefully first, Philadelphia Eddie Tattoo Supply will bil you through a

payment provider for our Services. By using our paid options you agree to pay Philadelphia Eddie Tattoo

Supply all charges at the prices then in efect for the products or services you or other persons using your

billing account may purchase, and you authorize Philadelphia Eddie Tattoo Supply to charge your chosen

payment provider for any such purchases. You agree to make payment using that selected payment

method. If you have ordered a product or service that is subject to recurring charges then you agree to us

charging your payment method on a recurring basis, without requiring your prior approval from you for

each recurring charge until such time as you cancel the applicable product or service. Philadelphia Eddie

Tattoo Supply reserves the right to correct any errors or mistakes in pricing that it makes even if it has

already requested or received payment. Sales tax will be added to the sales price of purchases as

deemed required by Company. Company may change prices at any time. All payments shall be in U.S

dollars.

REFUND AND RETURN

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USER REPRESENTATIONS

Regarding Your Registration

By using the Philadelphia Eddie Tattoo Supply Services, you represent and warrant that:

A. all registration information you submit is truthful and accurate;

B. you will maintain the accuracy of such information;

C. you will keep your password confidential and will be responsible for all use of your password and

account;

D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental

permission to use our Sites; and

E. your use of the Company Services does not violate any applicable law or regulation,

You also agree to: (a) provide true, accurate, current and complete information about yourself as

prompted by the Sites' registration form and (b) maintain and promptly update registration data to keep it

true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current

or incomplete, or Company has reasonable grounds to suspect that such information is untrue

inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and

refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate

in our discretion, such as when the user name is obscene or otherwise objectionable or when a

trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards, online forums and other functionality

and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish

distribute or broadcast content and materials to our Sites and/or to or via the Sites' forms, emails, chat

agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics

comments, suggestions or personally identifiable information o rother material (collectively

"Contributions"). Any Contributions you transmit to Philadelphia Eddie Tattoo Supply will be treated as

non-confidential and non-proprietary. When you create or make available a Contribution, you thereby

represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing, downloading

and copying of your Contribution does not and will not infringe the proprietary rights, including but not

limited to the copyright, patent, trademark, trade secret or moral rights of any third party:

B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and

permissions to use and to authorize Philadelphia Eddie Tattoo Supply and the Sites' users to use your

Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/or permission of each and every identifiable individual

person in the Contribution to use the name or likeness of each and every such identifiable individual

person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise

objectionable (as determined by Philadelphia Eddie Tattoo Supply), libelous or slanderous, does not

ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any

government, does not incite, encourage or threaten physical harm against another, does not violate

any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third

party;

E. your Contribution does not contain material that solicits personal information from anyone under 18

or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or

state law concerning child pornography or otherwise intended to protect the health or well-being of

minors;

F. your Contribution does not include any offensive comments that are connected to race, national

origin, gender, sexual preference or physical handicap:

G. your Contribution does not otherwise violate, or link to material that violates, any provision of this

Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your

account to any of your social network accounts, you automatically grant, and you represent and warrant

that you have the right to grant, to Philadelphia Eddie Tattoo Supply an unrestricted, unconditional,

unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and

license to host, use, copy, reproduce, disclose, sell resell, publish, broadcast, retitle, archive, store

cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and

distribute such Contributions (including, without limitation, your image and voice) for any purpose

commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works.

such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may

occur in any media formats and through any media channels. Such use and distribution license wil apply

to any form, media, or technology now known or hereafter developed, and includes our use of your name

company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any

ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in

this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions. We will not use your contribution in a way that

infringes on your rights and always process your personal information lawfully and with your consent.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any

Contributions , (ii) re-categorize any Contributions to place them in more appropriate locations or (ii) pre-

screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this

Agreement.

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a

personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access

download, print and otherwise use your Contributions for their internal purposes and not for distribution,

transfer, sale or commercial exploitation of any kind.

GUIDELINES FOR REVIEWS

Philadelphia Eddie Tattoo Supply may accept, reject or remove reviews in its sole discretion.

Philadelphia Eddie Tattoo Supply has absolutely no obligation to screen reviews or to delete reviews

even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should

comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity

being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate

language; discriminatory references based on religion, race, gender, national origin, age, marital status.

sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affliated with

organize a cam ao to the legality

competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the

of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging

others to post reviews, whether positive or negative. Reviews are not endorsed by Philadelphia Eddie

Tattoo Supply, and do not represent the views of Philadelphia Eddie Tattoo Supply or of any affliate or

partner of Company. Philadelphia Eddie Tattoo Supply does not assume liability for any review or for any

claims, liabilities or losses resulting from any review. By posting a review , the reviewer hereby grants to

Philadelphia Eddie attoo Supply a perpetual, non-exclusive, wvorldwide, royalty-free, ully-paid,

assignable and sublicensable license to Philadelphia Eddie attoo Supply to reproduce, modify,

translate, transmit by any means, display, perform and/or distribute all content relating to reviews

MOBILE APPLICATION LICENSE

Use License

If you are accessing the Philadelphia Eddie Tattoo Supply Services via a mobile application, then

Philadelphia Eddie Tattoo Supply grants you a revocable, non-exclusive, non-transferable, limited right to

install and use the application on wireless handsets owned and controlled by you, and to access and use

the application on such devices strictly in accordance with the terms and conditions of this license. You

shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make

any modification, adaptation, improvement, enhancement, translation or derivative work from the

application; (c) violate any applicable laws, rules or regulations in connection with your access or use of

the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or

trademark) of Company or its affliates, partners, suppliers or the licensors of the application; (e) use the

application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is

not designed or intended; (f) make the application available over a network or other environment

permitting access or use by multiple devices or users at the same time; (g) use the application for creating

a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for

the application,; (h) use the application to send automated queries to any Sites or to send any unsolicited

commercial e-mail; or (i) use any proprietary information or interfaces of Philadelphia Eddie Tattoo

Supply or other intellectual property of Philadelphia Eddie Tattoo Supply in the design, development,

manufacture, licensing or distribution of any applications, accessories or devices for use with the

application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or

Google Play to access the Philadelphia Eddie Tattoo Supply Services. You acknowledge that this

Agreement is concluded between you and Philadelphia Eddie Tattoo Supply only, and not with Apple Inc.

or Google, Inc. (each an "App Distributor"), and Philadelphia Eddie Tattoo Supply, not an App Distributor,

is solely responsible for the Philadelphia Eddie Tattoo Supply application and the content thereof. (1)

SCOPE OF LICENSE: The license granted to you for the Philadelphia Eddie Tattoo Supply application is

limited to a non-transferable license to use the Philadelphia Eddie Tattoo Supply application on a device

that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage

rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT:

Philadelphia Eddie Tattoo Supply is solely responsible for providing any maintenance and support

services with respect to the Philadelphia Eddie Tattoo Supply application, as specified in this Agreement,

or as required under applicable law. You acknowledge that each App Distributor has no obligation

whatsoever to furnish any maintenance and support services with respect to the Philadelphia Eddie

Tattoo Supply application. (3) WARRANTY: Philadelphia Eddie Tattoo Supply is solely responsible for

any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the

event of any failure of the Philadelphia Eddie Tattoo Supply application to conform to any applicable

warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and

policies, may refund the purchase price, if any, paid for the Philadelphia Eddie Tattoo Supply application

and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty

obligation whatsoever with respect to the Philadelphia Eddie Tattoo Supply application, and any other

claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any

warranty will be Philadelphia Eddie Tattoo Supply sole responsibility. (4) PRODUCT CLAIMS: You

acknowledge that Philadelphia Eddie Tattoo Supply, not an App Distributor, is responsible for addressing

any claims of yours or any third party relating to the Philadelphia Eddie Tattoo Supply application or your

possession and/or use of the Philadelphia Eddie Tattoo Supply application, including, but not limited to: (i)

product liability claims; @i) any claim that the Philadelphia Eddie Tattoo Supply application fails to conform

to any applicable legal O regulatory requirement; and @ claims arising under consumer protection or

similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Philadelphia Eddie Tattoo Supply application or your possession and use of the

Philadelphia Eddie Tattoo Supply application infringes a third party's intellectual property rights, the App

Distributor will not be responsible for the investigation, defense, settlement and discharge of any such

intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you

are not located in a country that is subject to a U.S.government embargo, or that has been designated by

the U.S.government as a "terrorist supporting" country; and (i) you are not listed on any U.S. government

list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply

with applicable hird party terms of agreement when using the Philadelphia Eddie Tattoo

Supply application, e.g., if you have a VolP application, then you must not be in violation of their wireless

data service agreement when using the Philadelphia Eddie Tattoo Supply application (8) THIRD PARTY

BENEFICIARY: Philadelphia Eddie Tattoo Supply and you acknowledge and agree that the App

Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your

acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and

will be deemed to have accepted the right) to enforce this Agreement against you as a third party

beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other

information about the Sites or the Philadelphia Eddie Tattoo Supply Services ("Submissions") provided by

you to Philadelphia Eddie Tattoo Supply are non-confidential and Philadelphia Eddie Tattoo Supply (as

well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these

Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other than that for which Philadelphia Eddie

Tattoo Supply makes it available. The Sites may not be used in connection with any commercial

endeavors except those that are specifically endorsed or approved by Philadelphia Eddie Tattoo Supply.

Prohibited activity includes, but is not limited to:

A. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites

or any portion of the Sites

B. attempting to impersonate another user or person or using the username of another user

C. criminal or tortious activity

D. deciphering , decompiling, disassembling or reverse engineering any of the software comprising or

in any way making up a part of the Sites

E. deleting the copyright or other proprietary rights notice from any Sites' content

F. engaging in any automated use of the system, such as using any data mining, robots or similar data

gathering and extraction tools

G. except as may be the result of standard search engine or Internet browser usage, using or

launching, developing or distributing any automated system, including, without limitation, any spider,

robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching

any unauthorized script or other software

H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in

providing any portion of the Company Services to you

I. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services

connected to the Sites

J. making any unauthorized use of the Company Services, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of sending unsolicited email, or

creating user accounts by automated means or under false pretenses

K. selling or otherwise transferring your profile

L. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly

a collection, compilation, database or directory without written permission from Company

M. tricking, defrauding or misleading Company and other users, especialy in any attempt to leamn

sensitive account information such as passwords

N. using any information obtained from the Sites in order to harass, abuse, or harm another person

○. using the Company Services as part of any effort to compete with Company or to provide services

as a service bureau

P. using the Sites in a manner inconsistent with any and all applicable laws and regulations

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites ("Philadelphia Eddie Tattoo Supply Content") and the trademarks, service marks

and logos contained therein ("Marks") are owned by or licensed to Philadelphia Eddie Tattoo Supply, and

are subject to copyright and other intellectual property rights under United States and foreign laws and

international conventions. Philadelphia Eddie Tattoo Supply Content, includes, without limitation, all

source code, databases, functionality, software, Sites' designs, audio, video, text, photographs and

graphics. All Philadelphia Eddie Tattoo Supply graphics, logos, designs, page headers, button icons

scripts and service names are registered trademarks, common law trademarks or trade dress of

Philadelphia Eddie Tattoo Supply in the United States and/or other countries. Philadelphia Eddie Tattoo

Supply trademarks and trade dress may not be used, including as part of trademarks and/or as part of

domain names, in connection with any product or service in any manner that is likely to cause confusion

and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the

Philadelphia Eddie Tattoo Supply.

Philadelphia Eddie Tattoo Supply Content on the Sites is provided to you "AS IS" for your information and

personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted

broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without

the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are

granted a limited license to access and use the Sites and the Philadelphia Eddie Tattoo Supply Content

and to download or print a COpy of any portion. of the Philadelphia Eddie Tattoo Supply Content to which

you have properly gained gained access solely for your personal, non-commercial use. Philadelphia Eddie Tattoo

Supply reserves all rights not expressly granted to you in and to the Sites and Philadelphia Eddie Tattoo

Supply Content and Marks

THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or you may be sent through the Sites or the Philadelphia Eddie Tattoo Supply

Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics,

pictures, designs, music, sound, video, information, applications, software and other content or items

belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and

Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or

completeness by us, and we are not responsible for any Third Party accessed through the Sites or any

Third Party Content posted on, available through or installed from the Sites, including he content,

accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the

Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation

of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof

by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third

Party Content, you do so at your own risk and you should be aware that our terms and policies no longer

govern. You should review the applicable terms and policies, including privacy and data gathering

practices, of any websites to which you navigate from the Sites or relating to any applications you use or

install from the Sites. Any purchases you make through Third Party Websites will be through other

websites and from other companies, and Philadelphia Eddie Tattoo Supply takes no responsibility

whatsoever in relation to such purchases which are exclusively between you and the applicable third

htuoivel belween you and the applicable

party.

SITE MANAGEMENT

Philadelphia Eddie Tattoo Supply reserves the right but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;

B. take appropriate legal action against anyone who, in Philadelphia Eddie Tattoo Supply sole

discretion, violates this Agreement, including without limitation, reporting such user to law enforcement

authorities;

C. in Philadelphia Eddie Tattoo Supply sole discretion and without limitation, refuse, restrict access to

or availability of, or disable (to the extent technologically feasible) any user's contribution or any

portion thereof that may violate this Agreement or any Philadelphia Eddie Tattoo Supply policy;

D. in Company's sole discretion and without limitation, notice or liability to remove from the Sites or

otherwise disable al files and content that are excessive in size or are in any way burdensome to

Philadelphia Eddie Tattoo Supply 's systems,

E. otherwise manage the Sites in a manner designed to protect the rights and property of Philadelphia

Eddie Tattoo Supply and others and to facilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or

member of the Sites, as applicable. You may terminate your use or participation at any time, for any

reason, by following the instructions for terminating user accounts in your account settings, if available, or

by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE

RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY

REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY

APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY

CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN

COMPANY'S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any

time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive

the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to

fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,

WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY'S

THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS

AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING

NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS

AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO

INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS

If Company terminates or suspends your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party, even

if you may be acting on behalf of the third party. In addition to terminating or suspending your account,

Company reserves the right to take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be

posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this

Agreement when you use the Company Services after any such modification becomes effective

Company may also, in its discretion, choose to alert all users with whom it maintains email information of

such modifications by means of an email to their most recently provided email address. It is therefore

important that you regularly review this Agreement and keep your contact information current in your

account setings to ensure you are informed of changes. You agree that you will periodically check the

Sites for updates to this Agreement and you will read the messages we send you to inform you of any

changes. Modifications to this Agreement shall be effective after posting

To Services Company reserves the right at any time to modify or discontinue, temporarily or permanently, the

Company Services (or any part thereof) with or without notice. You agree that Company shall not be

liable to you or to any third party for any modification, suspension or discontinuance of the Company

Services.

DISPUTES

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and

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

one or more other users, you hereby release Company, its officers, employees, agents and successors in

rights from claims, demands and damages (actual and consequential) of every kind or nature, known or

unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to

such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services

shall be governed by and construed in accordance with the internal laws of the State of New York,

without regard to conflict of law provisions. With respect to any disputes or claims not subject to

informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute

any action in connection therewith other than in the state and federal courts located in Nassau County

State of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction

and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts

Application of the United Nations Convention on Contracts for the International Sale of Goods is

excluded from this Agreement Additionally, application of the Uniform Computer Information

Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or

proceeding by you related in any way to the Sites or Company Services be instituted more than two

(2) years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or

claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any

Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before

initiating any arbitration or court proceeding. Such informal negotiations commence upon written

notice from one person to the other.

C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal

negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly

excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one

party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION

YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration

shall be commenced and conducted under the Commercial Arbitration Rules of the American

Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for

Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the

Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and

your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where

appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be

excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in

person, through the submission of documents, by phone or online. The arbitrator will make a decision

in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator

must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except

where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place

in Nassau County, State of New York. Except as otherwise provided in this Agreement, you and

Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to

confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between

Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined

with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis

or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought

in a purported representative capacity on behalf of the general public or any other persons

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following

Disputes are not subject to the above provisions concerning informal negotiations and binding

arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or

Company's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft,

piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is

found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute

falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and

Company agree to submit to the personal jurisdiction of that court.

CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or

omissions that may relate to service descriptions, pricing , availability, and various other information.

Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the

information at any time, without prior notice

DISCLAIMERS

Company cannot control the nature of all of the content available on the Sites. By operating the Sites,

Company does not represent or imply that Company endorses any blogs, contributions or other content

available on or linked to by the Sites, including without limitation content hosted on third party websites or

provided by third party applications, or that Company believes contributions, blogs or other content to be

accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise

objectionable content you may encounter on the Slites or in connection with any contributions.
Company is not responsible for the conduct, whether online or offline, of any user of the Sites or

Company Services

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS

EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT

OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR

RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER

RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED

ACCESS TO OR USE OF OUR SECURE SERVERS ANDIOR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION

OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR

THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR

ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A

THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY

BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR

SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST

JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE

LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY

SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY

TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION

WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE

COMPANY SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION

ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR

ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY

HAVE ADDITIONAL RIGHTS

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542

WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT

WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affliates, and their respective

officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or

demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out

of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement

and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify Company, and you agree to cooperate, at your expense, with

Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim,

action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the

address listed in the contact information below. Any notices given to you shall be given to the email

address you provided during the registration process, or such other address as each party may specify.

Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending

party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the

Company Services, as well as data relating to your use of the Company Services. Although we perform

regular routine backups of data, you are primarily responsible for al data that you have transferred or that

relates to any activity you have undertaken using the Company Services. You agree that Company shall

have no liability to you for any loss or corruption of any such data, and you hereby waive any right of

action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make

transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS

CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH

AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY

ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU

ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION

POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,

you may be required to have certain hardware and software, which are your sole responsibility

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the

Company Services. The failure of Company to exercise or enforce any right or provision of this

Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement

are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest

extent permissible by law. This Agreement and your account may not be assigned by you without our

express written consent. Company may assign any or all of its rights and obligations to others at any time.

Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any

cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is

unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this

Agreement and does not affect the validity and enforceability of any remaining provisions. There is no

joint venture, partnership, employment or agency relationship created between you and Company as a

result of this Agreement or use of the Sites and Company Services. Upon Company's request, you will

furnish Company any documentation, substantiation or releases necessary to verify your compliance with

this Agreement. You agree that this Agreement will not be construed against Company by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the electronic form of this

Agreement and the lack of signing by the parties hereto to execute this Agreement.

In order to resolve a complaint regarding the Company Services or to receive further information

regarding use of the Company Services, please contact Company as set forth below or, if any complaint

with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at

400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254

Philadelphia Eddie Tattoo Supply

Email: [email protected]