Effective Date: September 14, 2012

YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE AND AS A CONDITION PRECEDENT TO USING THIS WEBSITE.

Hercules Brand Corporation (hereinafter "Hercules," "we" or "us") provides the following Websites (HerculesVitamins.com and herculesvitamins.com/hst) and their related services (collectively the "Services") subject to your compliance with the conditions set forth in this Terms of Use Agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between Hercules and You with respect to your use of the Websites. YOUR USE OF THE WEBSITES CREATES A LEGALLY BINDING CONTRACT BASED ON THIS TERMS OF USE AND THE CONDITIONS CONTAINED IN THE PRIVACY POLICY, AND YOU HEREBY AGREE TO ALL SAID TERMS AND CONDITIONS. You acknowledge that you have read and understood the terms and conditions of this Terms of Use Agreement (and/or have had the opportunity to consult with counsel) and that you agree to be bound by all of its provisions. If you do not agree to these Terms of Use or the Privacy Policy, you must not use the Websites, you must navigate away from this Website.

Hercules may, at any time, and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Please check periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement. If you do not accept the changes, you must delete any account you have, and refrain from using the Website. Your continued use of the Website will signify your acceptance of these terms.

TERMS OF USE UPDATES

Hercules may, at any time, revise this Agreement. You can tell when these Terms of Use have been last revised by checking the Effective Date above. By using the Website and/or Services, you agree to the then-current version of this Agreement as posted on the Website at www.herculesvitamins.com/product_template.php?page=terms_of_use If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Website and/or Services.

TO USE WEBSITE

As long as you are in compliance with the conditions of this Agreement and all associated documents incorporated herein, Hercules hereby grants you a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use the Website and all Hercules Content and Materials thereon that are intended to be displayed publicly. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license. No other rights are granted, implied or otherwise.

INCORPORATED TERMS

The following additional terms are hereby incorporated into this Agreement by reference, and your assent to this Agreement binds you to all of the additional terms in the following documents:
1. Copyright Policy
2. Complaint Policy, including trademark complaints
3. Privacy Policy

AVAILABILITY AND USE OF THE WEBSITE

While Hercules makes reasonable efforts to ensure that the Website is available at all times, Hercules does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and Hercules does not guarantee that users will be able to access or use all or any of the Website features at all times.

Hercules may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products or services offered or sold through the Services, at any time, in its sole discretion. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time.

Hercules is under no obligation to maintain the Website or any information, Content, Submissions, Materials, or other matters that you submit, post or make available to the Website, or are otherwise available on the Website. Hercules reserves the right to withhold, remove and or discard any such material on the Website or available or placed by you thereon as part of your account (if you have one), with or without notice at any time. For avoidance of doubt, Hercules has no obligation to store, maintain or provide you a copy of any information, Content, Submissions, Materials, or other matters that you or any other user submits or posts to the Website in any way.

You are prohibited from attempting to or actually accessing those portions of the Website for which you have no permission.

IMPORTANT NOTICES/DISCLAIMER

Hercules may make available the information and materials on the Website, including but not limited to summaries, descriptions, user profiles, professional summaries, text, articles, videos, images, graphics, publications, news, surveys, articles, seminars, information regarding products, and any other such materials appearing on the Website (the "Materials"), for general informational purposes only.

The Materials are not intended to constitute, and DO NOT constitute, medical, legal or business advice. Those accessing the Materials should not act upon them without first seeking appropriate counsel, as these Materials are general in nature, and may not apply to a particular circumstance. The Materials should not be used as a substitute for consultation with a professional adviser.

The statements on this Website, and the materials, products, supplements or vitamins sold or distributed through the Website have not been evaluated by the Food and Drug Administration. The products offered on the Website are not intended to diagnose, treat, cure or prevent any disease. Any results achieved by users of Hercules products and/or services as shown on this website are not typical and not everyone will experience these results.

Before you take any supplements or vitamins, particularly if you use any prescription drugs or are pregnant, and before you give any vitamins or supplements to children, you should consult your healthcare provider and professionals. Always check with your physicians or doctors before taking vitamins or supplements. Hercules, and its affiliates, employees, agents, officers or directors will not be responsible for any decisions you may make.

The Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, service information, product description or availability, and may not be complete or current. Hercules reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

We use reasonable efforts to accurately display the colors, sizes, dimensions, materials, textures, and all other physical aspects ("Depiction") of the goods that may appear on the Website. However, the actual Depictions you see may be dependent upon your mobile device or computer monitor, and we cannot guarantee that your mobile device or computer will accurately display the Depiction. Additionally, product previews that are shown are for illustration purposes only, and the final product may vary from the product preview shown on your device.

Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by Hercules are provided purely for informational and illustrative purposes. Hercules does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. Hercules reserves the right to cease offering any such services or benefits to any prospective or actual member or customer at any time, in all cases without notice or liability.

Unless otherwise noted, all currency references are in U.S. dollars.

Other disclaimers and conditions may be applicable at the time of purchase,
Please review the [www.herculesvitamins.com/product_template.php?page=terms_of_sale] carefully.


RULES OF CONDUCT

Your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement.

You agree to pay all fees and applicable taxes incurred by you or anyone using an account you registered. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Service rendered by Hercules, your Account may be closed without warning or notice at the sole discretion of Hercules.

You agree that you will not, in connection with your use of the Website or the Service or your purchase of any products or services through any of the foregoing, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through Website and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

You agree that, at Our direction, you will refrain from using the Website or the Services for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Websites or Services.

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. You must provide true and accurate information at all times in any Material, Content, Submission, or other material or information you provide with regards to a purchase or otherwise, including, without limitation, credit card or other payment information, which you provide through the Website. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.

You must keep your user password and any other information needed to login to the Website, if applicable, confidential and secure. Hercules is not responsible for any unauthorized access to your account or profile by others and any ramifications of such access, and may take no action to disable any account until given explicit notice by you. Under confirmed unauthorized use circumstances Hercules may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact security@herculesvitamins.com with the term "Account Breach Notice" in the subject line.

You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any Hercules employee, agent, or representative; or expressing or implying that Hercules endorses any statement you make. You may not use any information obtained from the Website to harass, spam or intimidate others or to contact them without their permission.

You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or mine, harvest or collect personally identifiable information about Website visitors or users, or about Hercules employees or other individuals identified on the Website, without their express written consent. You may not mine or harvest information from the Website, including any scraping of the Website.

You may not access any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website. To the extent that you may access or download any software that is made available through Hercules from the Website ("Software"), such Software is the copyrighted work of Hercules and/or its various third party licensors. Your use of the Software may be governed by the terms of an end user license agreement, if any, which may accompany or be included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult Hercules before accessing any programs.

CONTENT SUBMITTED OR MADE AVAILABLE TO HERCULES

You are under no obligation to submit any materials to Hercules, and unless otherwise noted herein, Hercules will not claim ownership of any text, software, music, sound, photographs, graphics, video, messages or tags ("Content") you submit or make available through or on the Website.

However, should you choose to utilize the Services available on the Website to submit, upload, or otherwise provide any Content to Hercules, you hereby grant Hercules a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable, sub-licensable, perpetual, irrevocable license to Hercules to use, copy, distribute, reproduce, modify, adapt, improve, create derivative works from, publish, remove, delete, translate, publicly perform, publicly display and commercialize the Content, in whole or in part, in any way or manner now known or in the future discovered or developed, and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation or attribution to you or any person or entity, without further consent, and without any liability whatsoever. You further expressly permit, license, and assent to Hercules' right to register, deposit, or otherwise record any modification or derivative work created by Hercules from the Content with any foreign or domestic registration bodies, including but not limited to the United States Copyright Office or the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content, in favor of Hercules and any of its successors or assigns, including but not limited to the right to be named as author, the right to modify, the right to prevent mutilation and the right to prevent commercial exploitation. To the extent such waiver is not legally permissible, you agree that Hercules will have the irrevocable right to exercise your moral rights on your behalf to the fullest extent permitted by law.

By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar there to ("Submissions") or other Content to Hercules, you hereby explicitly agree, represent and warrant that: (a) all such Submissions and Content are true and accurate, (b) such Submissions and Content do not contain confidential or proprietary information, and their provision is not a violation of any contractual or legal right of any party; (c) Hercules is not under any obligation of confidentiality relating to the Submissions or Content, either express or implied; (d) Hercules shall be entitled to use or disclose the Submissions or Content in any way, manner, purpose or otherwise, worldwide; and (e) you are not entitled to any compensation, attribution or reimbursement of any kind from Hercules in exchange for the Submissions.

Further, Hercules may access and use the Website and any Services, and any information stored thereon, including the contents of any Content or Submissions, for any lawful purpose.

You agree not to upload, distribute, make available, purchase products bearing, or otherwise publish through the Website or any Service thereon, any Content or Submission that:
  1. contains a virus, corrupt file, or any other similar software or programs which may damage the operation of another's computer;
  2. is unlawful or encouraging of another to commit unlawful activity;
  3. violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party;
  4. defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing, bullying or otherwise objectionable;
  5. Constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by Hercules;
  6. Contains a contest, pyramid scheme or chain letter; or
  7. May restrict or inhibit any other user from using the Website.
Content Screening and Disclosure. Hercules does not, and cannot, pre-screen or monitor all Content or Submissions. However, Hercules and its representatives may monitor any and all Submissions or Content submitted, posted, uploaded, or otherwise communicated to Hercules or the Website (including without limitation photographs you access through the Service or forum postings), and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content or Submission. Hercules does not assume any responsibility or liability for Content or goods that are generated by users of the Website and/or Services. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content or Submission.

OUR INTELLECTUAL PROPERTY RIGHTS

The Materials, the Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions world-wide. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy, distribute, make commercial use of or otherwise exploit any part of the Materials or the Website for any other purpose without the express written consent of Hercules, and you may not modify any part of the Website for any reason. You may not remove any trademark, copyright, or other rights notice which appears on the Website.

The trademarks, service marks, logos and any designs used or displayed on the Website specific to Hercules are trademarks and/or service marks owned by Hercules. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of Hercules is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

Hercules can be reached by directing communications to:
630 Fifth Avenue, Suite 2000 New York, NY 10111

ENFORCEMENT AND TERMINATION OF SERVICES

Hercules reserves the right to deny service to any user at Hercules' sole and absolute discretion. The Website and Services are offered with the understanding that Hercules may terminate any account registered to you and/or your access to the Website or Services at any time, for any reason or no reason, including without limitation for any violation the Agreement.

Without limiting the foregoing rights or assuming additional liability or obligation, Hercules has a policy of terminating users who are repeat violators of the United States Copyright Act, as required in ENFORCEMENT AND TERMINATION OF SERVICES

Hercules reserves the right to deny service to any user at Hercules' sole and absolute discretion. The Website and Services are offered with the understanding that Hercules may terminate any account registered to you and/or your access to the Website or Services at any time, for any reason or no reason, including without limitation for any violation the Agreement.

Without limiting the foregoing rights or assuming additional liability or obligation, Hercules has a policy of terminating users who are repeat violators of the United States Copyright Act, as required in compliance with the law.

All grants of any rights from you to Hercules related to Content, Submissions, Materials, or other materials, including but not limited to copyright or other intellectual property licenses shall survive any termination of this Agreement.

DISCLAIMER OF WARRANTIES.

THE WEBSITE AND SERVICES, AND ANY GOODS SOLD THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, AND HERCULES SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HERCULES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE WEBSITE AND/OR SERVICES, OR ANY GOODS PURCHASED THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE, THE SERVICES AND/OR THE CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. HERCULES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERCULES, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES, EVEN IF HERCULES AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Hercules nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the amounts paid by you for products on the Website in the three months preceding any cause of action that you may have, or $100, whichever is lower, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or any Content, Submissions, Materials or other materials on, accessed through or downloaded from the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that Hercules causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

INDEMNITY AND RELEASE

You agree to defend, indemnify and hold Hercules and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content or Submissions you submit, post to or transmit through the Webite, (b) your use of the Website, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website, including but not limited to any allegation that anything you transmit or attempt to transmit, including but not limited to any Content or Submission you submit, post, or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party.

To the extent that you voluntarily provide your login, password or member information to another, you agree to be bound by and responsible for their actions hereon. Should you learn of a breach or violation of your identity, including the misappropriation of your password, you should notify Hercules immediately.

You are hereby agreeing to release Hercules, the Website and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to such disputes and/or to the Website and related products and services.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, AND AS INDICATED PREVIOUSLY, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

"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."

INCORPORATION OF PRIVACY POLICY

We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services or contact us directly to determine whether a special exemption or modification may be warranted.

CHOICE OF LAW AND JURISDICTION

Unless otherwise specified, the Website is controlled and operated by Hercules from New York, in the United States of America, regardless of where its servers may be located, from time to time. You agree that any dispute arising under the Agreement, or relating to the Website or the Services, shall be resolved exclusively by arbitration as set forth below, and if not applicable, by New York state or federal courts, applying New York law, regardless of any principles of conflicts of law and without regard to New York's choice of laws doctrine. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

Although the Website is available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

In any proceeding arising out of this Agreement, you agree that service may be made upon you by e-mail to your e-mail address then on file and/or attached to your account.

EXPORT CONTROL

Your use of the Website may be subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and any programs maintained by the Treasury Department's Office of Foreign Assets Control. You acknowledge that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software or the Services to any end-user without obtaining required authorizations. You also warrant that you are not prohibited from receiving US origin products, including but not limited to those that may appear on the Website.

POLICIES FOR CHILDREN

The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website or that are under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Hercules discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will make efforts to delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.

Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

ARBITRATION, DISPUTE RESOLUTION AND LIMITATIONS

Before initiating any arbitration or court proceeding involving Hercules, or otherwise related to the Website, you agree to first attempt to negotiate any dispute, controversy or claim ("Claim") informally for at least thirty (30) days. Negotiations will begin upon written notice. You should send your notice to Hercules at 630 Fifth Avenue, Suite 2000, New York, NY 10111.

If the parties fail to resolve a Claim through negotiations within such thirty (30)-day period, if you wish to continue pursuit of your Claim, you may only do so through arbitration. You may initiate arbitration by sending a written notice requesting arbitration to Hercules. The arbitration will be conducted in New York, applying New York law, under rules of the American Arbitration Association ("AAA") then in place, and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Agreement and the AAA rules, the terms in this Agreement will control.

Except as otherwise set forth in this Agreement, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you Hercules will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

YOU AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

GENERAL

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

Revisions. This Agreement may only be revised in a writing signed by Hercules, or published by Hercules on the Website.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hercules as a result of this Agreement or your use of the Services.

Assignment. Hercules may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Hercules' prior written consent, and any unauthorized assignment by you shall be null and void.

Attorneys' Fees. In the event any litigation is brought by Hercules in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Hercules Brand Corp., 630 Fifth Avenue, Suite 2000, New York, NY 10111.

Equitable Remedies. You hereby agree that Hercules would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. Unless in a writing signed by Hercules, this Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Hercules with respect to the Website and/or the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Contacting Us. You may contact us in writing at 630 Fifth Avenue, Suite 2000, New York, NY 10111.

© 2012 Hercules Brand Corporation. All rights reserved.

COPYRIGHT POLICY

If you believe in good faith that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed;
  2. Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  3. Information reasonably sufficient to permit us to contact you;
  4. A statement that you have 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,
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Hercules' designated DMCA Copyright Agent:

Adam Bialek, Attorney at Law

Wilson Elser Moskowitz Edelman & Dicker LLP

150 E 42nd Street
New York, NY 10017
Phone: (212) 490-3000
Fax: (212) 490-3038

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed.

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