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TERMS OF SERVICE

1. GENERAL . These general terms and conditions of sale (along with any associated written specification, quotation and/or supplemental terms and conditions provided by Fathers Rights World Relief) exclusively will govern donations given to Fathers Rights World Relief furnished to Donor hereunder, whether such donation is effected by paper-based transactions or via facsimile or other forms of electronic data interchange (“EDI”) or electronic commerce, and represents the entire agreement between Donor and Fathers Rights World Relief with respect thereto. Donor’s receipt or acceptance of delivery of any of the Products ordered or purchased hereunder will constitute its acceptance of these terms and conditions. No addition or modification to these terms and conditions will be binding on Fathers Rights World Relief unless agreed to in writing signed by an authorized representative at Fathers Rights World Relief’s headquarters. Fathers Rights World Relief objects to and rejects other terms and conditions that may be proposed by Donor or that appear on or are referenced in Donor’s purchase order or requisition that are in addition to or otherwise not consistent with the terms and conditions set forth or referenced herein.

2. PAYMENT TERMS . On approved credit as determined by Fathers Rights World Relief. Fathers Rights World Relief may render partial and require progressive payments. Fathers Rights World Relief reserves the right to render invoices electronically and to receive payment by way of electronic funds transfer. Payment by credit card, when permitted, is subject to credit card validation and authorization both at time of agreement and immediately prior to delivery and/or shipment. Fathers Rights World Relief reserves the right to suspend any further performance hereunder or otherwise in the event payment is not made when due. No payment by offset is permitted.

3. DELIVERY TERMS . Delivery terms are Fathers Rights World Relief’s office, plant or warehouse or as otherwise agreed to as evidenced by Fathers Rights World Relief’s order acknowledgment. In all cases title transfers to Donor upon the earlier of Fathers Rights World Relief’s delivery to Donor or receipt by the first carrier for transport to Donor, except that title to all intellectual property rights associated with the Products remains with Fathers Rights World Relief or its suppliers and licensors. Acknowledged shipping dates are approximate only and based on prompt receipt of all necessary information from Donor. Fathers Rights World Relief disclaims all liability for late delivery. Where applicable, prepaid shipping will be billed at time of sale.

Services : Fathers Rights World Relief warrants that Products comprised solely of services (e.g., training, on-site repair, engineering and custom application programming services) will be performed by appropriately skilled personnel employed or retained by Fathers Rights World Relief.

(e). Donor Specifications/Compatibility : Fathers Rights World Relief does not warrant and will not be liable for any design, materials, construction criteria or goods furnished or specified by Donor (including that sourced from other manufacturers or vendors specified by Donor). Any warranty applicable to such Donor-specified items will be limited solely to the warranty, if any, extended by the original manufacturer or vendor directly or indirectly to Donor. Fathers Rights World Relief does not warrant the compatibility of its Products with the goods of other manufacturers or Donor’s application except to the extent expressly represented in Fathers Rights World Relief’s published specifications or written quotation.

(g). Remedies : Remedies under the above warranties will be limited, at Fathers Rights World Relief’s option, to the replacement, repair, re-performance or modification of, or issuance of a credit for the purchase price, of the Products involved, and where applicable, only after the return of such Products pursuant to Fathers Rights World Relief’s instructions. Replacement Products may be new, remanufactured, refurbished or reconditioned at Fathers Rights World Relief’s discretion. Donor requested on-site warranty service (consisting of time, travel and expenses related to such services) will be at Donor’s expense. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising therefrom.

(h). General : Warranty satisfaction is available only if (a) Fathers Rights World Relief is provided prompt written notice of the warranty claim and (b) Fathers Rights World Relief’s examination discloses that any alleged defect has not been caused by misuse; neglect; improper installation, operation, maintenance, repair, alteration or modification by other than Fathers Rights World Relief; accident; or unusual deterioration or degradation of the Products or parts thereof due to physical environment or electrical or electromagnetic noise environment.

(i).THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR PERFORMANCE OR APPLICATION WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Rights under the above warranties (subject to noted limitations) extend to Donor’s customers if Donor is a Fathers Rights World Relief-appointed distributor for the Products.

4. DISCLAIMER AND LIMITATION OF LIABILITY . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FATHERS RIGHTS WORLD RELIEF WILL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. FATHERS RIGHTS WORLD RELIEF’S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. FATHERS RIGHTS WORLD RELIEF DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF FATHERS RIGHTS WORLD RELIEF HEREUNDER. ANY ACTION AGAINST FATHERS RIGHTS WORLD RELIEF MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF FATHERS RIGHTS WORLD RELIEF’S VENDORS, APPOINTED DISTRIBUTORS AND OTHER AUTHORIZED REFATHERS RIGHTS WORLD RELIEFS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.

5. INTELLECTUAL PROPERTY INDEMNITY . Except as excluded herein, Fathers Rights World Relief will defend any suit or proceeding brought against Donor arising out of a claim that the design or construction of the Products sold or licensed hereunder by Fathers Rights World Relief infringes any patent, copyright or trademark granted or registered in the country of Fathers Rights World Relief’s shipping destination, provided (a) Donor promptly notifies Fathers Rights World Relief in writing of any such claim and any suit or proceeding, (b) at Fathers Rights World Relief’s expense, Donor gives Fathers Rights World Relief the sole right to defend, settle and control the defense of the suit or proceeding, (c) Donor provides all necessary information and assistance for such defense or settlement, and (d) Donor takes no position adverse to Fathers Rights World Relief in connection with such claim. In the event Fathers Rights World Relief is obligated to defend such suit or proceeding, Fathers Rights World Relief will pay all costs and damages finally awarded or agreed upon by Fathers Rights World Relief that are directly related thereto. Fathers Rights World Relief’s obligations under this paragraph will be fulfilled if Fathers Rights World Relief, at its option and expense: (i) procures for Donor the right to continue using such Products, (ii) replaces the same with non-infringing equipment/software having functionality similar to that of the Products, (iii) modifies the Products to make them non-infringing while retaining similar functionality, or (iv) if (i)-(iii) are not commercially practicable, refunds to Donor the purchase price of the affected Products in exchange for their return. Fathers Rights World Relief will have no obligation to defend or for any other liability with respect to: [a] any suit or proceeding to the extent based on or arising out of a configuration or modification made, specified or requested by Donor and which is incorporated into or constitutes the Products, [b] the use of the Products in a process or application specified, requested or controlled by Donor or any third parties, or [c] the use of the Products in combination with other equipment, software or materials not supplied by Fathers Rights World Relief. As used in this paragraph, the term “Products” shall mean only Fathers Rights World Relief’s standard hardware and software that are generally commercially available, and expressly excludes third-party-branded equipment/software. THIS PARAGRAPH IS IN LIEU OF ALL WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, THAT THE PRODUCTS WILL BE FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PARTY BY WAY OF INFRINGEMENT OR THE LIKE.

6. RESALE OF THIRD-PARTY BRANDED PRODUCTS AND SERVICES . NOTWITHSTANDING ANY OTHER PROVISION HEREIN, FATHERS RIGHTS WORLD RELIEF MAKES NO REPRESENTATIONS, PROVIDES NO INDEMNITIES (INTELLECTUAL PROPERTY OR OTHERWISE), AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED RELATIVE TO ANY THIRD-PARTY BRANDED PRODUCT OR SERVICE (INCLUDING TRAINING) WHICH MAY BE RESOLD OR SUBLICENSED BY FATHERS RIGHTS WORLD RELIEF AS A DISCRETE ITEM HEREUNDER.

7. LICENSED SOFTWARE AND FIRMWARE . Use of Products comprised of software or firmware may be subject to Donor’s acceptance of additional terms and conditions set forth in separate Fathers Rights World Relief or third-party license agreements that will control to the extent necessary to resolve any conflict with the terms and conditions stated or otherwise referenced herein. In the absence of a separate Fathers Rights World Relief’s license agreement, Donor is granted a non-exclusive, non-transferable license to use provided Fathers Rights World Relief’s software or firmware only in object code form and solely in conjunction with Fathers Rights World Relief-provided Products, with no rights to sublicense, disclose, disassemble, decompile, reverse engineer, or otherwise modify the software or firmware.

8. PACKING AND MARKING . Donor-specified packing or marking may be subject to additional charges not otherwise included in the price of the Products.

9. WEIGHTS AND DIMENSIONS . Published or advertised weights and dimensions are estimates or approximations only and are not warranted.

10. PRICES . Prices and other information shown in any Fathers Rights World Relief publication (including product catalogs and brochures) are subject to change without notice and to confirmation by specific quotation. Such publications are not offers to sell and are maintained only as a source of general information. Prices do not include sales, use, excise, customs, value-added or similar taxes. Donor will pay or reimburse Fathers Rights World Relief for all such taxes as may be applicable. Time and material services will be provided in accordance with Fathers Rights World Relief’s published service rates (including applicable overtime and travel expenses) in effect as of the date such services are provided, unless otherwise confirmed by Fathers Rights World Relief’s written quotation or order acknowledgment. Billable service time includes travel time to and from the job site and all time Fathers Rights World Relief’s representatives are available for work and waiting (whether on or off the job site) to perform the services.

11. CHANGES AND SUBSTITUTIONS . Donor-requested order changes, including those affecting the identity, scope and delivery of the Products, must be documented in writing and are subject to Fathers Rights World Relief’s prior approval and adjustments in price, scheduling and other affected terms and conditions. In any event, Fathers Rights World Relief reserves the right to reject any change that it deems unsafe, technically inadvisable or inconsistent with established engineering or quality guidelines and standards, or incompatible with Fathers Rights World Relief’s design or manufacturing capabilities. Fathers Rights World Relief further reserves the right to substitute using the latest superseding revision or series or equivalent Product having comparable form, fit and function.

12. RETURNS . All returns of Products will be pursuant to Fathers Rights World Relief’s instructions. Non-warranty returns of unused and resalable Products for credit will be subject to Fathers Rights World Relief’s return policies in effect at the time, including applicable restocking charges and other conditions of return. Products returned under warranty must be properly packed and shipped to Fathers Rights World Relief-specified locations. Shipping containers must be clearly marked per Fathers Rights World Relief’s instruction and shipped freight prepaid by Donor.

13. ORDER CANCELLATION . Cancellation by Donor prior to shipment is permitted only by written notice and upon payment to Fathers Rights World Relief of reasonable cancellation and restocking charges, including reimbursement for direct costs. Cancellation charges associated with orders for custom Products or Products specifically manufactured to Donor’s specification may equal the actual selling price of the Products. Fathers Rights World Relief has the right to cancel an order for cause at any time by written notice, and Fathers Rights World Relief will be entitled to cancellation and restocking charges as identified above. No termination by Donor for cause will be effective unless and until Fathers Rights World Relief has failed to correct such alleged cause within forty five (45) days after receipt of Donor’s written notice specifying such cause.

14. FORCE MAJEURE . Fathers Rights World Relief will not be liable for any loss, damage or delay arising out of its failure (or that of its subcontractors) to perform hereunder due to causes beyond its reasonable control, including without limitation, acts of God, acts or omissions of Donor, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, acts of terrorism, delays in transportation, or transportation embargoes. In the event of such delay, Fathers Rights World Relief’s performance date(s) will be extended for such length of time as may be reasonably necessary to compensate for the delay.

15. GOVERNMENT CLAUSES AND CONTRACTS . Application of government contract regulations and clauses to the Products or the agreement evidenced by these terms and conditions are subject to the separate review and consent by an authorized representative at Fathers Rights World Relief’s headquarters. Products sold or licensed hereunder are not intended to be used, nor should they be used, in any nuclear-related application either as a “Basic Component” as defined under United States nuclear regulations or under similar nuclear laws and regulations of any other country or otherwise.

16. EXPORT CONTROL . Products and associated materials supplied or licensed hereunder may be subject to various export laws and regulations. It is the responsibility of the exporter to comply with all such laws and regulations. Notwithstanding any other provision herein to the contrary, in the event that U.S. or local law requires export authorization for the export or re-export of any Product or associated technology, no delivery can be made until such export authorization is obtained, regardless of any otherwise promised delivery date. In the event that any required export authorization is denied, Fathers Rights World Relief will be relieved of any further obligation relative to the sale and/or license and delivery of the Product(s) subject to such denial without liability of any kind relative to Donor or any other party. Fathers Rights World Relief will not comply with boycott related requests except to the extent permitted by U.S. law and then only at Fathers Rights World Relief’s discretion.

17. DISPUTES . The parties will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations between representatives of the parties who have authority to settle the dispute. If unsuccessful, the parties further will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. Any dispute not so resolved by negotiation or mediation may then be submitted to a court of competent jurisdiction in accordance with the terms hereof. These procedures are the exclusive procedures for the resolution of all such disputes between the parties.

18. GOVERNING LAW AND FORUM . The agreement evidenced hereby and all disputes arising thereunder will be governed by and interpreted in accordance with the internal laws and will be subject to the exclusive jurisdiction of the courts of the state, province or other governmental jurisdiction in which Fathers Rights World Relief’s principal place of business resides, but specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Should any term or provision hereof be held wholly or partly invalid or unenforceable under applicable law, the remainder of the agreement evidenced hereby will not be affected thereby.

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