I understand that as a condition to becoming or remaining an end-user of the H2 service, I agree to abide by and adhere to all of H2’s end-user policies and procedures as established from time to time. I further understand that membership at either an individual or organizational level in H2 and/or its programs is maintained on a periodic basis and re-registration for qualifying end-users and/or organizations will be required on an annual and/or periodic basis, subject to my ability to remain an active end-user in accordance with its membership model and program policies. From time to time, changes in my professional status and/or unique personal circumstances and/or our membership model and/or violations of our membership code may trigger re-assessment of fit as a end-user of the H2 services and/or membership termination.

The website located at www.h2.co (the “Site”) and the Company’s mobile application (the “App”) are copyrighted works belonging to H2 Global, Inc. (“Company”, “H2”, “us”, “our”, and “we”). Company provides a range of online content and applications designed to be used by end-users of H2 (collectively, with all other services provided through the Site and App, the “Services”). The Company also enables certain end-users who have satisfied certain criteria established by the Company from time to time, (as determined by the Company in its sole discretion) to act as a mentor and/or advisor to other end-users of the Services in exchange for possibility of compensation (“Advisors”). Your use and access of the Services and Site are governed by and subject to the following agreements (collectively, the “Agreement”):

these H2 End-User Terms of Service

If you are an Advisor, the H2 Advisor Terms of Service available here [h2.co/advisor-terms-of-service]

Any specific disclosures, disclaimers, guidelines, terms, rules or other agreements posted on the Service or Site in connection with certain features of the Services and/or Site.

This Agreement sets forth the legally binding terms for your use of the Site, App and Services. By checking the “I accept” box and logging in to your Account, accessing or using the Site or Services, completing the Company’s registration process, or downloading the App, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Site, App or Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site, App, or Services.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts

1.1 General. Membership in H2’s Services offers a variety of programs, networks and content to support and develop the next generation of global leaders in the digital domain both individuals and companies of various sizes and in various stages of their lifecycle. Your level of access to and use of these programs, networks and content depends on your designation as a Member, Start-Up, Corporate, or Partner as determined by H2’s criteria set forth here [h2.co/network, h2.co/insights]

1.2 Account Creation. In order to use certain features of the Services, you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate

your Account in accordance with Section 9.

1.3 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.4 Social Networking Sites. You may log into the Service with your access credentials from certain third party social networking sites (“Social Networking Sites”) (e.g., Linkedin). If you log into the Service with your access credentials from a Social Networking Site, you understand that the Social Networking Site’s terms (including their terms of use and privacy policy) apply and you agree to comply with such terms. Social Networking Sites are not under the control of Company and Company is not responsible for any Social Networking Sites. Company provides this service only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to and is not responsible for Social Networking Sites. You use all Social Networking Sites at your own risk.

2. Site

2.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to use the Site, App and Services for your personal, noncommercial use. Furthermore, with respect to any App accessed through or downloaded from Apple App Store, Android Marketplace or any similar store or marketplace authorized by the Company (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App Store’s “Usage Rules”) (the “App Store Terms of Service”) when using the App.

2.2 Authorized Users Access to the Services. You may permit any Authorized User (as defined below) to access and use the features and functions of the Services as contemplated by this Agreement. User IDS cannot be shared or used by more than one Authorized User at a time. If you wish to add additional User IDs, you may order such additional User IDs at any time by executing a new Order Form (as defined below) detailing the number of additional User Ids. Upon written acceptance by Company of the Order Form, Company shall make the Services available to the additional Authorized Users. As used herein, “Authorized User” means an individual who is an employee of yours or such other person or entity as may be authorized by the Company via an ordering document (either physical or electronic) identifying the Services to be made available by Company pursuant to this Agreement (“Order Form”), to access the one or more Services pursuant to your rights under this Agreement.

2.3 Advisory Program. The Service may offer end-users the ability to enroll in our advisory program, wherein Advisors may choose, in their sole discretion, to provide mentoring and advising services to other end- users in exchange for compensation (the “Advisory Program”). Enrollment in the Advisory Program may be subject to additional fees. For more information on the Advisory Program, including applicable fees, please visit the following page [h2.co/insights]. By enrolling in the Advisory Program, you acknowledge and agree: (i) that we may share additional information provided by you to the Service in accordance with our Privacy Policy [h2.co/privacy-policy]; (ii) the performance of any advisory and/or mentoring services by any Advisor, including the payment of consideration to the Advisor will be governed by a separate agreement between you, the Advisor and the Company, and not this Agreement or any addenda thereto; and (iii) you will not disclose or use any information disclosed to you via the Service that relates to any mentoring or advisory opportunity of the applicable Advisor, except to evaluate any such mentoring or advisory opportunity. The Company reserves the right to amend the Advisory Program, including applicable fees, registration requirements and membership criteria, at any time, either immediately upon posting on the Site or Services or by e-mail delivery to you.

2.4 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not, and shall not permit any Authorized User or third party to, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, App or Services; (b) you shall not, and shall not permit any Authorized User or third party to, modify, make derivative

works of, disassemble, reverse compile or reverse engineer any part of the Site , App or Services; (c) you shall not access the Site, App or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site, App or Services may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site, App or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site, App or Services content must be retained on all copies thereof.

2.5 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site, App or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, App or Services or any part thereof, except and if otherwise expressly set forth in Section 9.

2.6 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site, App or Services.

2.7 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site, App and Services are owned by Company or Company’s licensors. The provision of the Site, App and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.

3. User Content

3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.

3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Trademark License. You agree that Company may use your name, logos, service marks, or other designation (collectively “Your Marks”) in organizational marketing materials, Site, App and/or Services. You hereby grant to Company a non-exclusive, worldwide license to use, publicly display and perform, reproduce, and distribute the Your Marks, solely as described above. Company acknowledges and agrees that all rights in and to Your Marks are exclusively owned by you.

3.4 Acceptable Use Policy. The following sets forth Company’s “Acceptable Use Policy”:

(a) You agree to comply with any and all Company policies, including those presented in the end-user registration process.

(b) You agree not to, and will not permit any Authorized User or other party to, use the Site, App or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(c) In addition, you agree not to use the Site, App or Services to and will not permit any Authorized User or other party to,: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, App or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, App or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site, App or Services; or (vi) introduce software or automated agents or scripts to the Site, App or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site , App or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

3.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

3.6 Feedback. If you provide Company any feedback or suggestions regarding the Site, App or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. H2 Events, Fusion, Other Users, Listed Companies, and Advisory Program; Third Party Sites & Ads; Release

4.1 H2 Events, Fusion, Other Users, Listed Companies, and Advisory Program. Company organizes, hosts, sponsors, and/or otherwise facilitates workshops, sessions, conferences, activities, functions, and other events for users to interact with other users (e.g., H2O) (“H2 Events”) and manages a partner program (“Fusion”) and associated directory on the Site which lists certain service companies (e.g., law firms, financial companies, incubators) (“Listed Companies”). WE MAKE NO WARRANTIES REGARDING ANY H2 EVENTS, USERS, FUSION, ADVISORY PROGRAM, ADVISOR, OR LISTED COMPANIES. H2 EVENTS, USERS, FUSION, ADVISORY PROGRAM, ADVISORS AND LISTED COMPANIES ARE PROVIDED “AS IS”. ALL INTERACTIONS BETWEEEN YOU AND ANY ADVISOR, AND YOUR ATTENDANCE AT ALL H2 EVENTS IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR INTERACTION WITH SUCH USERS,LISTED COMPANIES AND ADVISORS, OR WITH ATTENDANCE AT ANY H2 EVENTS. WHILE USERS AND ADVISORS ARE REQUIRED UNDER THIS AGREEMENT TO PROVIDE ACCURATE INFORMATION, WE DO NOT ATTEMPT TO CONFIRM, AND DO NOT CONFIRM, ANY USER’S PURPORTED IDENTITY. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OTHER USER, LISTED COMPANY OR ADVISOR. YOUR INTERACTIONS WITH OTHER USERS, LISTED COMPANIES, OR ADVISORS AND THE TERMS GOVERNING SUCH INTERACTIONS ARE SOLELY BETWEEN YOU AND SUCH USER, LISTED COMPANY OR ADVISOR. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, LISTED COMPANY OR ADVISOR WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 7 AND 8.

4.2 Third Party Sites & Ads. The Site and App might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

4.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (a) H2 Events, Fusion, or the Advisory Program, or (b) any interactions with, or act or omission of, other users, Listed Companies or Advisors; (c) or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

5. Fees.

5.1 Payment. The Company may charge fees in connection with certain Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable, and as otherwise required by a particular Order Form. You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or billing information as a condition to signing up for the Services. Your Payment Provider Agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing the Company your credit card number or PayPal account and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or Services or by e-mail delivery to you.

5.2 Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services at the time you create a Account. Except as set forth in this Agreement, all fees for the Services are non-refundable. No contract will exist between you and the Company for the Services until the Company accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

5.3 Taxes. The Company’s fees are net of any applicable sales or use tax, and any other tax measured by sales proceeds that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax (“Sales Tax”). If any Services, or payments for any Services, under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant taxing authority, and you will indemnify the Company for any liability or expense that we incur in connection with such Sales Taxes.

5.4 Free Trials and Other Promotions. Any free trial or other promotion that provides users level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact the Company to have the charges reversed.

6. Indemnity. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your participation in any H2 Event, (d) your interaction with other Users or Listed Companies, (e) your violation of this Agreement, or (f) your violation of applicable laws or regulations. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation on Liability

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

UNDER NO CIRCUMSTANCES WILL H2 BE DEEMED TO BE LIABLE FOR ANY DAMAGE OR INJURY SUFFERED OR INCURRED BY ADVISOR OR STARTUP IN CONNECTION WITH THEIR RESPECTIVE PARTICIPATION IN THE H2 INSIGHTS ADVISOR PLATFORM. STARTUP AND ADVISOR ARE ENTIRELY RESPONSIBLE FOR THE TERMS OF ANY ADVISORY SERVICES, COMPENSATION OR OTHER AGREEMENT NEGOTIATED AND EXECUTED BETWEEN THE PARTIES AND NOTHING CONTAINED IN ANY SUCH AGREEMENT SHALL IMPOSE OR BE DEEMED TO IMPOSE ANY OBLIGATION OR LIABILITY ON H2.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Term and Termination.

9.1 Term. Except as otherwise specified in the applicable Order Form, this Agreement commences on the date you accept it (as described in the preamble above) and will remain in full force and effect for a period of 12 months (the “Initial Term”). After the expiration of the Initial Term, this Agreement will be automatically renewed for consecutive one (1) year terms (each, a “Renewal Term” and together with the Initial Term, the “Term”), unless either party provides written notice to the other of its intention not to renew at least thirty (30) days prior to the expiration of the then current term.

9.2 Suspension and Termination. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for

any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement and/or non-payment of applicable fees, if any. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2-2.5, 3 –12.

10. Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our services that you claim is infringing and that you

request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

11. App Stores.

11.1 App Stores. You acknowledge and agree that the availability of the App is dependent on the App Store from which you received the App. You acknowledge that this Agreement is between you and the Company, and not with the App Store. The App Store is not responsible for the App (including any related content, maintenance support, and warranty) or addressing any claims relating to the App (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the App (if any).

11.2 Accessing and Downloading the App from the App Stores.

1. You acknowledge and agree that (i) this Agreement is concluded between you and the Company only, and not the App Store and (ii) the Company, not the App Store, is solely responsible for the App and content thereof. Your use of the App must comply with the applicable App Store Terms of Service.

2. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Store and obtain a refund of any fees charged for the App (if any) by the App Store. To the maximum extent permitted by applicable law, the App Store will not have any warranty obligation whatsoever with respect to the App. As between the Company and the App Store, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

4. You and the Company acknowledge that, as between the Company and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. You and the Company acknowledge that, in the event of a third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, as between the Company and the App Store, the Company, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

6. You and the Company acknowledge and agree that the App Store is a third party beneficiary of this Agreement, and has the right to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof.

7. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App.

12. General

12.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

12.2 DISPUTE RESOLUTION. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

(a)

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration.

(b)

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

(c)

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

(d)

With the exception of subparts (1) and (2) in the paragraph 10.2(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 10.2 (b) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco County, California.

(e)

Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.

(f)

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.

(h)

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.

12.3 Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

12.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign this agreement. The terms of this Agreement shall be binding upon assignees.

12.5 Copyright/Trademark Information. Copyright © 2013, H2 Global, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

12.6 Contact Information and Disclosures. H2 Global, Inc. is located in Palo Alto, CA, USA and may be contacted at members@h2.co. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210