Terms of service.

WEBSITE TERMS OF USE

VERSION 2.0

LAST REVISED ON: SEPTEMBER 26, 2019

The website located at www.realworldplaybook.com (the “Site”) is a copyrighted work belonging to Zinc Life, Inc.

(“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or

rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and

rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND

CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE

ACCEPTING THESE TERMS (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 THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).

YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18

YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT

ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO

RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE

REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. ACCOUNTS

1.1 Account Creation. In order to use certain features of the Site, you must register for an account

(“Account”) and provide certain information about yourself as prompted by the account 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 7.

1.2 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.

2. ACCESS TO THE SITE

2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable,

limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following

restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially

exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make

derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the

Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein,

no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted

in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality

of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content

displayed on the Site) must be retained on all copies thereof.

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site

(in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third

party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 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.

2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights,

patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.

Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to

such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and

its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. INDEMNIFICATION. 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, (b) your violation of these Terms or (c) your violation of applicable laws or regulations.

Company reserves 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 with our defense of these claims. 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.

4. THIRD-PARTY LINKS & ADS; OTHER USERS

4.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or

display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads

are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company

provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor,

endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links

& Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on

any of the Third-Party Links & Ads, 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 Links & Ads.

4.2 Other Users. Your interactions with other Site users are solely between you and such users. You

agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If

there is a dispute between you and any Site user, we are under no obligation to become involved.

4.3 Release. You hereby release and forever discharge the Company (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 that relates

directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any ThirdParty Links & 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. DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR

SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,

WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL 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 WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,

SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER

HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES

WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)

DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE

EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW

LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR

SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS

OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR

YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION

AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR

COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 A MAXIMUM OF FIFTY US DOLLARS (U.S. $50).

THE EXISTENCE OF MORE THAN ONECLAIM 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 OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT

APPLY TO YOU.

7. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while

you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for

any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of

your rights under these Terms, your Account and right to access and use the Site will terminate immediately.

Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including

for termination of your Account. Even after your rights under these Terms are terminated, the following provisions

of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.

8. GENERAL

8.1 Changes. These Terms are 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. 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. Any changes to these Terms 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. Continued use of our Site 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.

8.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract

with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND

A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for

injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service

provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding

arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all

arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to

any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all

authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek

arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature

and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 79 Madison

Avenue, New York, New York 10016. After the Notice is received, you and the Company may attempt to resolve the

claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after

the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by

any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if

any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration

Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration

as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR

Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the

method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The

AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at

www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral

arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars

(US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking

relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US

$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in

a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties

agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date,

time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court

of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the

Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or

$2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the

arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based

arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written

submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not

involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be

initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any

deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and

liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined

with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of

any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy

or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a

written award and statement of decision describing the essential findings and conclusions on which the award is based,

including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an

individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you

and the Company.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL

AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,

instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.

Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and

are subject to very limited review by a court. In the event any litigation should arise between you and the Company

in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE

COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE

SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN

INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR

USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY

OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the

award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain

confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court

of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or

equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to

be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force

and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration

Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any

other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your

relationship with Company.

(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring

an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek

emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A

request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration

Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,

violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent,

copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the

parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within

Washington County, District Of Columbia, for such purpose

8.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import

regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical

data acquired from Company, or any products utilizing such data, in violation of the United States export laws or

regulations.

8.4 Disclosures. Company is located at the address in Section 8.8. If you are a California resident, you

may report complaints to the Complaint Assistance Unit of the Division of Consumer Product 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.

8.5 Electronic Communications. The communications between you and Company use electronic

means, whether you use the Site or send us emails, or whether Company posts notices on the Site 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.

8.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use

of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of

such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual

effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason,

held to be invalid or unenforceable, the other provisions of these Terms 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. These Terms, 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. Company may freely assign these Terms.

The terms and conditions set forth in these Terms shall be binding upon assignees.

8.7 Copyright/Trademark Information. Copyright © 2018 Zinc Life, 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.

8.8 Contact Information:

Zinc Life, Inc.
Address:
135 Madison Avenue
New York, NY 10016

Email: team@realworldplaybook.com