TERMS OF SERVICE

Please read the Terms of Service carefully before you start to use the Zihi service. The Zihi websites, is made available to you by Zihi LLC with its address at 30 N Gould St STE R Sheridan, WY 82801, USA. subject to these Terms of Service (“Terms of Service” or “Terms”) and Zihi Privacy Policy (the “Privacy Policy”) together with any documents they expressly incorporate by reference govern your access to and use of www.Zihi.com, including any content, functionality and services offered on or through www.Zihi.com (the “Service” or “Zihi” or “Website”), whether as a guest or a registered user.

This Zihi Services Agreement (“Agreement”) is a legal agreement between Zihi, LLC. (“Zihi”, “us”, “our”, or “we”) and the entity or person (“you”, “your”, or “user”) who registered on the Zihi Account page to receive certain payment, make payment, processing, data, technology and analytics services, and other business services that may be offered by Zihi and its affiliates (each, a “Service”). This Agreement describes the Terms of Service that apply to your use of the Services.

You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.

You agree to comply with these Terms of Service and any supplemental terms which Zihi makes available to you on the Services which shall form part of the Terms. By accessing, using or uploading or downloading any information or materials to or from the Services, or by indicating your assent to these terms by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to these Terms. If you do not agree to these Terms, do not access or use the Services. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

This Website is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Zihi Service.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Zihi Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Zihi processing data about you, and other Zihi members. Processing of the data you share with Zihi, including professional and medical information, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Zihi are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Zihi on an individual basis, unless you opt-out in accordance with the instructions below.

Definitions

This Section gives you some definitions of capitalized terms that appear in the Terms of Services and Privacy Policy, but other capitalized terms are defined above or in the User Agreement, which you can tell because the term is put in quotation marks and bold font. Capitalized terms not defined below have the meanings described in the Terms of Service.

“Athlete” means any entity or person that registered and utilizing the Zihi Service as Athlete’ type of account.

“Coach” means any entity or person that registered and utilizing the Zihi Service as Coach’ type of account.

“User” or “Member” means any authorized User utilizing the Service to seek and/or obtain Zihi Services from another User.

“Account” means any type of account (Athlete, Coach, Specialist, Organizer) registered and utilizing the Zihi Service.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

“Site” or “Website” means, collectively, our website located at www.Zihi.com, all affiliated websites, owned and operated by us, our predecessors or successors in interest, or our Affiliates (defined in this Agreement).

“You” means any person who accesses Zihi Service, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses Zihi. “Data” mean means all Personal Data, User Data, Payment Data, and Zihi Data.

Registration and Accounts

Before using the Services, you must register with Zihi and create an account (a “Account”). There are four types of account: Athlete type “athlete”, Coach type “coach”, Specialist type “Specialist” and Conferences Organizer “Organizer”.

The Services are intended solely for persons who are 18 years old or such higher age required in your country to use the Services. In order to access certain functionality of the Services, such as that relating to health data, you must be at least 18 years old.

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Zihi may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Zihi has reasonable grounds to suspect that such Member Data is inaccurate or not current, Zihi has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Zihi of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Zihi.

Payments and Fees

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Zihi) (the “Payment Method”). Payment processing services for users (Specialist, Coach or Athlete account) on Zihi are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to Terms or continuing to operate as a user (Specialist, Coach or Athlete account) on Zihi, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Zihi enabling payment processing services through Stripe, you agree to provide Zihi accurate and complete information about you and your business, and you authorize Zihi to share it and transaction information related to your use of the payment processing services provided by Stripe. If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Zihi, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via support@zihipro.com.

Fees

The use of various Payment Methods offered through the Services may incur added fees or charges. All Payment Methods will be posted on the Zihi along with any associated fees or charges, which we may update from time to time at our sole discretion. You hereby authorize Zihi to charge to you and to collect from you, (consistent with this Agreement, or elsewhere in the Terms of Service), any fees, charges, or taxes described below.

This Fee provides information on the fees Zihi charge for use of the Service communication, invoicing, dispute resolution and payment services, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Service. By continuing to use the Services, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on Zihi unless otherwise stated. However, we will provide advance notice of any increase in prices or fees. Please check the Zihi site often for updates.

Athletes’ and Coaches’ Payment Processing Fee

Pursuant to the Agreement and Terms of Services, Zihi charges users (Athlete, Coach) a Service Fee for each payment Athlete or Coach makes to the Specialist through the Payment Method. Regardless of the type of Payment Method used, we charge Coach or Athlete a payment processing and administration fee of 4.45% and $0.30 on each payment made to the Specialist account through Service (the “Payment Processing Fee”), except as otherwise provided in this Agreement.

Specialists’ Payment Processing Fee and Charges

Pursuant to the Agreement and Terms of Services, Zihi charges users (Specialists) a charge 3$ (or local equivalent) for active an account per month. An account is considered active if it receives a payment from Athlete or Coach in a month.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services during the Cooling-off Period.

Member Content and Conduct

Content

You own the information, data, text, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. This license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.

You understand that you, and not Zihi, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Zihi does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Zihi may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zihi be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Zihi is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Zihi, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Zihi is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Zihi in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Zihi other than as set forth in the Privacy Policy, and Zihi will not be liable for any use or disclosure of any Content you provide.

Conduct

We expect you to honor the Zihi Community Standards. The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

• Copying, framing or mirroring any part of the Services;

• Accessing the Services to monitor its availability, performance or functionality;

• Permitting any third party to access the Services;

• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Zihi;

• Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

• Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Zihi internet protocol space;

• Avoiding payment of charges or fees payable by you with respect to the Services;

• Committing any act that may be harmful to minors;

• Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

• Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Zihi than a human can reasonably produce in the same period of time by using a conventional web browser;

• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

• Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;

• Using the Services for any commercial solicitation purposes;

• Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

• Submitting to the Services any personally identifiable information, except as necessary for the establishment and operation of your account;

• Submitting to the Services any information that may be protected from disclosure by applicable law;

• Bypassing the measures, we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

• Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;

• Removing any copyright, trademark or other proprietary rights notices contained in or on the Services;

• Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Zihi or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Interactions with Members

The Services function as a venue to connect members in a virtual information place. As a neutral facilitator, Zihi is not directly involved in the actual interactions between members of the Services. As a result, Zihi has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. Zihi shall have no responsibility to confirm the identity of members. Zihi shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment when dealing with any member of the Services.

If you elect to use our features to inform your contacts about the Services, track your activities via Zihi, or share your information with others, Zihi may require you to provide contact information. Zihi may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third party contact information that you provide to Zihi, that you are authorized to use such information to contact (including for Zihi to contact on your behalf) the third party and that Zihi may process it pursuant to the Privacy Policy.

Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Zihi. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. You agree that Zihi shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.

Zihi or third parties may provide links to other internet sites or resources through the Services. Zihi does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Zihi is not responsible for the availability of such external sites or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages to third party service providers, advertisers, your personal contacts, other members and/or Zihi. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Zihi provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Zihi (unless expressly stated otherwise by Zihi) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Zihi in any manner, though Zihi reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Zihi or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Zihi grants you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Zihi.

The term Zihi, the Zihi logo and other Zihi logos and product and service names are the exclusive trademarks of, and are owned by, Zihi LLC., and you may not use or display such trademarks in any manner without Zihi’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Zihi reserves all rights not expressly granted hereunder.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Zihi a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Zihi any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

YOUR USE OF THE SERVICE IS ALSO SUBJECT TO THE Zihi DISCLAIMER. PLEASE REVIEW OUR DISCLAIMER, WHICH ALSO GOVERNS THE Zihi AND INFORMS USERS OF VARIOUS LIMITATIONS REGARDING THE INFORMATION PROVIDED ON THE SERVICE. YOUR AGREEMENT TO THE DISCLAIMER IS HEREBY INCORPORATED INTO THESE TERMS OF SERVICE.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. Zihi AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE AND NONINFRINGEMENT. Zihi AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (F) YOU WILL FIND AND BE ABLE TO CONTACT OR TO COLLABORATE WITH THE SPECIALISTS, ATHLETES OR COACHES YOU ARE LOOKING FOR; (G) YOU WILL BE SATISFIED BY INTERACTION WITH SPECIALISTS, ATHLETES OR COACHES; (G) YOU WILL GET QUALIFIED CONSULTATION OR SERVICE FROM SPECIALISTS, COACHES OR ATHLETES WHICH YOU WILL FIND THROUGH THE Zihi.

YOU EXPRESSLY AGREE THAT Zihi IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND Zihi.

YOU EXPRESSLY AGREE TO RELEASE Zihi, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE Zihi WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SERVICES, (B) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (C) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (D) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Zihi HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU EXPRESSLY AGREE AND AWARE THAT YOUR ACTIVITY IN Zihi COULD BE USED IN ANTI-DOPING INVESTIGATIONS.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “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.”

Zihi DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARAC