Please read the following terms and conditions of use (these “Terms of Use”) carefully before using the Site and the Services. These Terms of Use apply to the web site located at www.seattleorcas.com and the subdomains thereof (the “Site”). These Terms of Use also apply to the various online services and applications provided by SEATTLE ORCAS on or through the Site, as well as any mobile/tablet applications and any related features, content, products or services (collectively, the “Services”). Your access to and use of the Site and the Services is subject to these Terms of Use (including the Privacy Policy) and all applicable laws, rules and regulations.

By accessing and using this Site and/or the Services, including by clicking the “Accept” (or similar) box or button, downloading or installing our mobile application or by creating an account, you signify your assent to these Terms of Use. These Terms of Use, along with the Privacy Policy, may be amended or modified at the sole discretion of Seattle MLC TeamCo LLC., along with its subsidiaries and affiliates (“Seattle Orcas”, “we”, “our” or “us”), or new conditions may be imposed by SEATTLE ORCAS, at any time, with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site and/or the Services following the posting of changes to these Terms of Use will mean you accept those changes. If you do not agree to these Terms of Use, do not use the Site and/or the Services.

Unless you have entered into another agreement with us regarding the Site and/or Services that expressly state that the terms of that agreement control over these Terms of Use, then these Terms of Use constitute the entire agreement between you and SEATTLE ORCAS and govern your use of the Site and Services, and supersede any and all prior agreements, written or oral, between you and SEATTLE ORCAS regarding the Site and/or Services (including, without limitation, any prior versions of these Terms of Use). Portions of the Services may be governed by posted guidelines, rules or other terms and conditions. All such guidelines, rules and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between these Terms of Use and such other guidelines, rules and terms and conditions, these Terms of Use shall control. Notwithstanding the foregoing, our Privacy Policy. supersedes any conflicting terms in these Terms of Use and/or any other guidelines, rules and terms and conditions with respect to the subject matter covered by the Privacy Policy.

OWNERSHIP AND COPYRIGHT

The Site and Services is owned and operated by SEATTLE ORCAS. SEATTLE ORCAS reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.

The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services or SEATTLE ORCAS or any of the sponsors, franchisees, licensees and other affiliates (the “Content”)) are either owned by, or licensed to, SEATTLE ORCAS.

You may download one copy of each piece of Content from the Site and/or Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Use, without the express written permission of SEATTLE ORCAS, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owner's copyright and other proprietary rights.

The wordmarks, logos, trade names, packaging and designs of SEATTLE ORCAS and the Site and the Services are the exclusive property of SEATTLE ORCAS or our affiliates. Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, SEATTLE ORCAS. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Use or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with SEATTLE ORCAS.

USE OF SERVICES

Eligibility

To be eligible to use the Services, you must, and you represent and warrant that you do, meet the following criteria:

• you are 18 years of age or older or if the user of our Site and/or Services on whose behalf you are accepting these Terms of Use is under the age of 18, you are the parent or legal guardian of the user and you are agreeing to these Terms of Use for the benefit of such user;
• you are not currently restricted from or otherwise prohibited from using the Site and/or Services;
• you are not a competitor of or using the Site and/or Services for reasons that are in competition with SEATTLE ORCAS;
• you have full power and authority to enter into these Terms of Use and doing so will not violate any other agreement to which you are a party;
• you will not violate any rights of SEATTLE ORCAS, including intellectual property rights such as copyright or trademark rights; and
• you agree to provide at your cost all equipment (including mobile devices), software, and internet access necessary to access and use the Site and/or Services.

Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in SEATTLE ORCAS's sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event SEATTLE ORCAS changes the minimum technical requirements is to terminate your use of the Site and/or the Services.

If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of an individual under the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her content, submissions, violation of these Terms of Use, acts or omissions and any legal liability that he or she may incur.

Applicable laws

You agree to comply with all applicable laws, ordinances and regulations and these Terms of Use (including the Code of Conduct below).

Limited license

SEATTLE ORCAS grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access and use the Site and/or Services through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of SEATTLE ORCAS), view information and use the Site and/or Services that we provide in accordance with these Terms of Use. Any other use of the Site and/or Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.

Promotions

You agree to receive newsletters, promotional materials, and other communications and materials relating to SEATTLE ORCAS, its sponsors, franchisees, licensees and other affiliates or the Site and/or Services.

REGISTATION FOR CERTAIN FEATURES

Registration and Privacy

In order to access certain features of the Site and/or Services, you may be required to register with SEATTLE ORCAS by providing certain personally identifiable information about yourself, including, but not limited to, your name, phone number, email address, residential address, immigration status or other personal information. In consideration for our granting you access to these features of the Site and Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for our provision of, and/or your registration for the use of, those features of the Site and Services, subject to all applicable laws, rules and regulations. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SEATTLE ORCAS has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, we have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Site and Services. You will update your account information with us within 48 hours to ensure that your messages are not sent to the person who acquires your former telephone number. You grant SEATTLE ORCAS the right to independently verify any information that you provide through the Services about yourself. For details concerning how such personally identifiable information is collected, used, disclosed and otherwise managed please see our Privacy Policy, which is incorporated herein by this reference.

You will update your account information with us within 48 hours to ensure that your messages are not sent to the person who acquires your former phone number or address. You grant SEATTLE ORCAS the right to independently verify any information that you provide through the Site and/or Services about yourself, although SEATTLE ORCAS does not routinely undertake any verification.

User Name and Account Registrations

In order to use certain functionalities of the Site and/or Services, you may be asked to select a user name (a "User Name") to create an account or for identification purposes. You must not use any User Name that violates these Terms of Use or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password.

You agree to notify SEATTLE ORCAS immediately of any unauthorized use of your account or any other breach of security. Without limiting anything else in these Terms of Use, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this section or as a result of someone else using your password or account. Notwithstanding such notice, you could be held liable for losses incurred by SEATTLE ORCAS or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Subscription Services

SEATTLE ORCAS may offer certain services that require payment of a fee in order to use or receive a subscription ("Subscription Services"). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that SEATTLE ORCAS may request from you, including your IP address. The Subscription Services may also require additional technical requirements.

SEATTLE ORCAS may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.

SERVICES AND CONTENT

The Content on the Site and Services provided may be updated, deleted or otherwise modified from time to time at SEATTLE ORCAS’s discretion.

Messaging

The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, auctions, contests, games, message boards, chat rooms and video features (each a "Message Feature" and, collectively, the "Message Features").

You must use the Message Features in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a "Message" and, collectively, the "Messages") in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below.

We and our third-party providers (the "Vendors") shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any User Name including that which: (i) violates any term of these Terms of Use (including, but not limited to the Code of Conduct); (ii) is otherwise illegal, offensive or inappropriate; and/or (iii) for any other reason, in our sole discretion. Depending on the nature of the violation, we shall have the sole discretion to terminate your access to the Site and/or Services at any time. Please be advised that we and our Vendors will, in accordance with the Privacy Policy of the Site and all applicable laws, fully cooperate with any and all law enforcement authorities and court orders in any and all jurisdictions requesting or directing us or our Vendors to disclose personal information of anyone who submits a Message or User Name that violates the foregoing terms.

Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Site/Services, neither SEATTLE ORCAS nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither SEATTLE ORCAS nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services.

Messages submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and User Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or User Name to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Use; and (iv) is subject to the grant of Rights to us and our Vendors described in "Submissions", below.

Submissions

By transmitting any Message or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited, (each, a "Submission" and, collectively, "Submissions"), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). You agree that SEATTLE ORCAS may pass these Rights along to others with whom SEATTLE ORCAS has contractual relationships. SEATTLE ORCAS shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.

Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.

Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any Submissions that are unsolicited. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by SEATTLE ORCAS and/or our affiliates might appear to be similar to your Submission(s). If you do send any Submission(s) to SEATTLE ORCAS via the Site, Services, or otherwise, that are unsolicited, however, you agree that (i) your unsolicited Submission(s) are not being made in confidence or trust and that by making such Submission(s) no contractual or fiduciary relationship is created between you and SEATTLE ORCAS; (ii) any such unsolicited Submission(s) and copyright become the property of and will be owned by SEATTLE ORCAS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SEATTLE ORCAS sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submission(s); and (iv) by sending an unsolicited Submission you waive the right to make any claim against SEATTLE ORCAS or our affiliates relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Ownership and Non-Infringement

By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.

CODE OF CONDUCT

Code of Conduct

You agree not to use the Site and Services, including, but not limited to transmitting Messages, links or Submissions in manner that:

1. imposes an unreasonable or disproportionately large load on the Site's infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;
2. is, or encourages conduct that is, inaccurate, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by SEATTLE ORCAS or other users of the Site or Services or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender class, disability or similar characteristics;
3. constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
4. violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;
5. contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
6. harms or attempts to harm minors;
7. contains any information, software or other material of a commercial nature;
8. contains advertising, promotions, spam or commercial solicitations of any kind;
9. constitutes or contains false or misleading indications of origin or statements of fact; or
10. contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.

Clauses (a) – (j) shall collectively be referred to as the "Code of Conduct".

General Prohibited Uses

You agree that in connection with your use of the Site and the Services, you will not:

• harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity;
• use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
• delete or revise any material or other information of any other user of the Services;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
• use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
• use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
• allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
• access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;
• attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services; or
• forge any TCP/IP packet header or any part of the header information in any email or posting.

Violations of system or network security may result in civil or criminal liability.

Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any SEATTLE ORCAS match or game.

SEATTLE ORCAS reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and SEATTLE ORCAS may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

LINKS AND EMBEDDING

The Site or Services may contain links to other Web sites and services ("Linked Services"). The Linked Services may not be under SEATTLE ORCAS's control and SEATTLE ORCAS is not responsible for the contents of the Linked Services.

The following restrictions ("Linkage Restrictions") apply to all links, including any to Embedded Content, to or from the Site or Services from or to any on-line, cable, wireless or other website, service, browser or other resource:

• websites, services, browsers and other resources other than commercial sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to seattleorcas.com without the express written permission of SEATTLE ORCAS if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "seattleorcas.com," “Seattle Orcas,” "The Official Site of Seattle Orcas"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link;
• the seattleorcas.com logo, or a link containing any other logo of SEATTLE ORCAS or its franchise teams (a "logo" link) may not be used to link to seattleorcas.com without the express written permission of SEATTLE ORCAS;
• no link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics;
• links to and from the Site or Services from or to other sites maintained by third parties do not constitute an endorsement by SEATTLE ORCAS of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of SEATTLE ORCAS. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its website administrator or webmaster; and
• the posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.

Subject to your strict compliance with these Terms of Use (including, but not limited to, the Code of Conduct), you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (i) obscure the SEATTLE ORCAS’s branding of the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party's assertion or implication of ownership or authorship of the Content; (ii) sell access to embedded Content on another website, (iii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iv) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (v) use embedded Content that SEATTLE ORCAS, in its sole discretion, determines to be competing with or displacing the market for the Content: (vi) embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. SEATTLE ORCAS reserves the right to disable your use of embedded Content at any time, in SEATTLE ORCAS's sole discretion.

Availability of Services

The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including game delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that SEATTLE ORCAS is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Disclaimer of Warranties

While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.

THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.

SEATTLE ORCAS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED SERVICES.

Limitation of Liability

NEITHER SEATTLE ORCAS NOR ANY OF ITS FRANCHISE TEAMS, VENDORS OR ANY OF THEIR AFFILIATES SHALL BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE OR SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO SEATTLE ORCAS OR CONTENT OR SERVICES ACCESSED THROUGH THE SITE OR SERVICES.

UNDER NO CIRCUMSTANCES WILL WE, OUR FRANCHSIE TEAMS, OUR VENDORS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.

NOTICE

We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user's email address if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means:

• Electronic mail to: admin@seattleorcas.com

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), SEATTLE ORCAS has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:

• Electronic mail to: admin@seattleorcas.com, Attn: General Counsel

To be effective, the notification must be a written communication that includes the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly;
• information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless SEATTLE ORCAS, its affiliates and franchise teams, and their respective managers, directors, officers, employees, agents, shareholders, partners, governors and licensors, from and against any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including without limitation, use of any Message Feature or Service and (ii) any breach or alleged breach of these Terms of Use by you.