REMIND101, INC. TERMS OF USE AGREEMENT IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE. PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY REMIND101, INC. ("COMPANY"). BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. 1. ACCESS TO THE SERVICES – please visit the remind101.com website for a full description and terms of Use. 2. PROPER USE You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Services is subject to your acceptance of and compliance with the Agreement, including the remind101 Privacy Policy , located at https://www.remind101.com/privacy_policy , or such other URL as remind101 may provide from time to time. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by remind101; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Services in a manner consistent with this Agreement; or (iv) use the Services for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. remind101 reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. 3. RESPONSIBILITY FOR FEES AND USAGE CHARGES By utilizing the Service, you acknowledge that you may receive e-­‐mail or text messages on your phone or mobile communications device, and that the receipt of such messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services. 4. USE BY CHILDREN Company collects limited personal information from minor students, but only where that student's school, district, and/or teacher has contracted with Company to collect personal information from students for the use and benefit of the learning environment. Company requires schools, districts, and/or teachers to obtain parental consent from students' parents before collecting any such personal information. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Website, we will delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Website, or that a student's school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at contact@remind101.com. 5. ADDITIONAL TERMS If you are a student, the following terms also apply to you: (i) Remember, you must get your parent or guardian to read this Agreement before using the Website. (ii) You will only register for and access the Services as a student registrant, and not as a teacher, school, district, parent, publisher, or any other category of user, whether offered by Company now or in the future. (iii) You will only access the Services using the access code given to you by your teacher. You may not use any access codes which you receive from other students or which you did not directly receive from your own teacher. (c) If you are accessing the Services on behalf of a school or district, the following terms also apply to you: (i) You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13. You must obtain advance written consent ("Consent") from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy https://www.remind101.com/privacy_policy . You must keep signed Consents on file and provide them to Company upon our request. For more information on COPPA, please see www.ftc.gov/privacy. (ii) You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify Company immediately. (iii) On all school computers that are accessible to students, you will redirect the domain "remind101.com" to the unique Company domain that has been assigned to your school or district. 6. WEBSITE CONTENT -­‐ privacy policy at https://www.remind101.com/privacy_policy. 7. YOUR WARRANTY 8. RESTRICTIONS 9. WARRANTY DISCLAIMER 10. REGISTRATION AND SECURITY As a condition to using Services, you may be required to register with Company and select a password and user name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. 11. INDEMNITY You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. 12. FEES AND PAYMENT Access to the Services is free, but in the future, we may offer special features (including, without limitation, exclusive Content) which Company may charge for. Therefore, Company reserves the right to require payment of fees for certain Services. If you want access to those Services, you shall pay all applicable fees for those Services, as will be described on the Website. Company reserves the right to change its price list for certain Services and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges. 13. THIRD PARTY WEBSITES 14. TERMINATION This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at contact@remind101.com. Company may suspend or terminate your access to the Services, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. 15. MISCELLANEOUS 16. COPYRIGHT DISPUTE POLICY Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf ). It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. Effective: August 12, 2011