Version: April 2014

Terms of Use for Shake-Away Site

Welcome to the Shake-Away website (the "Site"). Use of this Site is conditioned on the acceptance

by you of these express terms and conditions (collectively, the "Terms of Use"). By using this Site

and any content of the Site, you represent that you have read and understand these Terms of

Use and agree to be bound by them. If you are using the Site on behalf of any entity, you further

represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf,

and that such entity agrees to indemnify Shake-Away for violations of these Terms of Use. If you do

not wish to bind yourself to these Terms of Use, do not use this Site or access any materials from

this Site. Shake-Away reserves the right, at its sole and absolute discretion, to modify these Terms

of Use at any time, such modifications effective immediately upon posting to the Site.

Ownership of the Site and its Contents

The Site is owned and operated by Shake-Away and/or its affiliates ("Shake-Away"). Unless

otherwise indicated, all of the content featured or displayed on the Site, including, but not limited

to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the

selection and arrangement thereof ("Shake-Away Content"), is owned by Shake-Away, its licensors,

or its third-party image partners. All elements of the Site, including the Shake-Away Content, are

protected by national and international laws, including copyright, trademark and other intellectual

property laws. Any Shake-Away Content downloaded by you (whether or not such download was

authorized) transfers no right, title or interest in or to the Shake-Away Content or any intellectual

property rights therein. All right, title and interest in and to the Shake-Away Content shall remain

the exclusive property of Shake-Away and/or its licensors.

Use of the Site

The Site and the Shake-Away Content are intended for customers and business associates of Shake-
Away. You may not (i) use the Site or the Shake-Away Content for any purpose not related to

your business with Shake-Away, or (ii) use the Site or the Shake-Away Content other than for its

intended purpose. Any unauthorized use may violate applicable laws including without limitation

copyright and trademark laws, the laws of privacy and publicity, and applicable communications

regulations and statutes.

Trademarks

Shake-Away trademarks, the Shake-Away logo, and any other product or service name or slogan

contained in the Site are trademarks of Shake-Away and its suppliers or licensors, and may not be

copied, imitated or used, in whole or in part, without the prior written permission of Shake-Away

or the applicable trademark holder. In addition, the look and feel of the Site s the service mark,

trademark and/or trade dress of Shake-Away and may not be copied, imitated or used, in whole or

in part, without our prior written permission. All other trademarks, registered trademarks, product

names and company names or logos mentioned in the Site are the property of their respective

owners.

You may not use a Shake-Away logo or other proprietary graphic of Shake-Away to link to the Site

without the express written permission of Shake-Away. Further, you may not frame any Shake-
Away trademark, logo or other proprietary information, including the Shake-Away Content, without

Shake-Away' express written consent.

Indemnification

You agree to defend, indemnify and hold harmless Shake-Away, its subsidiaries, affiliates, licensors,

employees, agents, third party information providers and independent contractors against any

claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys'

fees) arising out of or related to your conduct, your use of the Site, your breach or alleged breach of

the Terms of Use, your unauthorized use of the Shake-Away Content, or your violation of any rights

of another.

Disclaimer; Limitation of Liability

THE SITE, INCLUDING WITHOUT LIMITATION THE SHAKE-AWAY CONTENT, ARE PROVIDED "AS

IS" AND SHAKE-AWAY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND

AFFILIATES (THE "SHAKE-AWAY PARTIES") EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SHAKE-AWAY PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM

THE USE OF THE SITE OR THE SHAKE-AWAY CONTENT, OR THE UNAVAILABILITY OF THE

SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL,

PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES CAUSED BY OR RESULTING FROM

RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHAKE-AWAY, WHETHER IN AN

ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SHAKE-AWAY

CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE. WE MAKE

NO WARRANTY THAT THE SITE OR THE SHAKE-AWAY CONTENT IS FREE FROM INFECTION BY

VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Shake-
Away uses reasonable efforts to ensure the accuracy, correctness and reliability of the Shake-Away

Content, but we make no representations or warranties as to the Shake-Away Content's accuracy,

correctness or reliability.

Governing Law, Venue.

These Terms of Use will be governed and construed in accordance with the laws of the State of

Connecticut without regard to its conflicts of law provisions. You agree to submit to the jurisdiction

of the state and federal courts located in New Haven County in the State of Connecticut. You agree

not to bring any action relating to the use of this Site, the Site Content or the interpretation of

these Terms of Use in any court in any jurisdiction other than the state and federal courts located

in New Haven County, State of Connecticut. Shake-Away shall have the right to commence and

prosecute any legal or equitable action or proceeding before any US or non-US court of competent

jurisdiction to enforce these Terms of Use. In any dispute between you and Shake-Away where

Shake-Away prevails, Shake-Away shall be entitled to recover its reasonable attorney fees, court

costs, disbursements, and other legal expenses.

Waivers, Enforceability.

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by

Shake-Away. If any clause in these Terms of Use is found to be unenforceable, wherever possible

this will not affect any other clause and each will remain in full force and effect.

Contact Information

If you have questions or comments about the Site, the Site Content or Terms of Use, you are

encouraged to contact Shake-Away at customerservice@shake-away.com or by calling (800) 507-

9207.

© 2014 Shake-Away, Inc. All rights reserved. Terms of Use.