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SNOWiQ User Manual

LAST UPDATED: JANUARY 05, 2022

TERMS OF USE OF THE SNOWIQ APP

BETWEEN USER AND EASTBANC TECHNOLOGIES LLC

The SNOWiQ App is comprised of various algorithms, software and screens created by EastBanc Technologies LLC.

The SNOWiQ App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and the terms of use of third party service providers including Google Maps. Your use of the SNOWiQ App constitutes your agreement to all such terms, conditions, and notices. Please read these terms carefully before using the SNOWiQ App.

HAZARDOUS ACTIVITY

I understand that use of SNOWiQ App may be hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to some of the following: motor vehicle accidents, damage to stationary objects, fractures, concussions, dangerous or unanticipated weather, hypothermia, death, equipment failures, and negligence of others; as a consequence of these risks and other risks associated with the use of the SNOWiQ App that may not be listed here, I may be seriously ill, hurt, disabled or may die from the resulting injuries, and/or my property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited or unavailable; and EastBanc Technologies assumes no responsibility for providing medical care during the usage of the SNOWiQ App, and User will have to pay for any medical care and/or evacuation that they may incur.

ASSUMPTION OF THE RISKS

User hereby freely assume the inherent risks as well as any other risks not listed that are part of the use of SNOWiQ App, and any harm, injury, illness, or loss that may occur to me or my property as a result of my use of the SNOWiQ App.

MODIFICATION OF THESE TERMS OF USE

EastBanc Technologies LLC reserves the right to change the terms, conditions, and notices under which the SNOWiQ App is offered.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SNOWiQ App, you warrant to EastBanc Technologies LLC that you will not use SNOWiQ App for any purpose that is unlawful or prohibited by local speed limits, rules regulations and these terms, conditions, and notices.

USE OF COMMUNICATION SERVICES

The SNOWiQ App may contain voice services, calendars, and/or other message or communication facilities designed to enable you to communicate with EastBanc Technologies LLC Clients (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive hands free messages and material that are proper and related to the Communication Services.

RELEASE OF LIABILITY

User hereby releases EastBanc Technologies LLC, its employees, agents, officers, and contractors, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the use of the SNOWiQ App. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. User also agrees NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the use of the SNOWiQ App.

INDEMNITY

You agree to defend, indemnify, and hold EastBanc Technologies LLC harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of SNOWiQ; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of SNOWiQ. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SNOWiQ App MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EastBanc Technologies LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SNOWiQ App AT ANY TIME.

THE SNOWiQ App IS PROVIDED AS IS AND AS AVAILABLE WITH ALL ITS FAULTS. EastBanc Technologies LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SNOWiQ App FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EastBanc Technologies LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EastBanc Technologies LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SNOWiQ App, WITH THE DELAY OR INABILITY TO USE THE SNOWiQ App OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SNOWiQ App, OR OTHERWISE ARISING OUT OF THE USE OF THE SNOWiQ App , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EastBanc Technologies LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SNOWiQ App, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SNOWiQ App.

TERMINATION/ACCESS RESTRICTION

EastBanc Technologies LLC reserves the right, in its sole discretion, to terminate your access to the SNOWiQ App and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the District of Columbia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia, U.S.A. in all disputes arising out of or relating to the use of the SNOWiQ App. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EastBanc Technologies LLC as a result of this agreement or use of the SNOWiQ App. EastBanc Technologies LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EastBanc Technologies LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SNOWiQ App or information provided to or gathered by EastBanc Technologies LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EastBanc Technologies LLC with respect to the SNOWiQ App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EastBanc Technologies LLC with respect to the SNOWiQ App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.