Terms of Use

Last Updated: November 5, 2012

1. GENERAL
BarterZone, Inc. (“BZ”) provides services through its websites, programs and computer servers,
including but not limited to classified advertising, forums, and email forwarding. (All such
services are referred to collectively herein as “BarterZone.”) By accessing or using BarterZone,
you are a “user” and you accept and agree to the terms below (the “Terms of Use” or “TOU”)
as a legal contract between you and BZ. The TOU include and incorporate additional terms
(“guidelines”) applicable to particular categories or services available on BarterZone as set forth
to users upon access to such categories or services. BZ may post changes to the TOU at any time,
and any such changes will be applicable to all subsequent access to or use of BarterZone.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may
reject the TOU by immediately terminating all access and use of BarterZone, in which case any
continuing access or use of BarterZone is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and
regulations applicable to your activities on BarterZone.
BarterZone is intended and designed for users 18 years of age and older, and access or use by
anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access BarterZone and use
BarterZone, in whole or in part, including but not limited to BZ intellectual property therein,
solely in compliance with the TOU.

“BARTERZONE” and “BZ” are trademarks of BZ and are protected by United States and
international laws. The TOU do not authorize you to use “BARTERZONE,” “BZ” or any similar
or related marks (including, for example and without limitation, “BarterZone,” and “BZ,”) for
any use pertaining to classified advertising, Internet advertising, social networks, online forums,
online communication services or any similar or related use, or any other use that is likely to
cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation,
connection, association, origin, sponsorship, approval or endorsement by or with BZ.

2. MODERATION
BZ has the right, but not the obligation, to regulate content (which includes but is not limited to
postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails,
messages and any other user communications (“content”)) posted to, stored on or transmitted via
BarterZone by any user (or any other third party in any manner); to regulate conduct (including
but not limited to any authorized or unauthorized access to or use of BarterZone) by any user (or
any other third party in any manner); and to enforce the TOU, for any reason and in any manner
or by any means that BZ, in its sole discretion, deems necessary or appropriate (including but
not limited to automated and manual screening, blocking, filtering, exclusion from index pages,
exclusion from search results, requiring the use of an application programming interface (API),
requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or
termination of content, accounts and/or all or any use or access). BZ may, in its sole discretion
and without notice, start, stop or modify any regulation or enforcement measures at any time.

BZ action or inaction to regulate content or conduct or to enforce against any potential violation
of the TOU by any user (or any other third party) does not waive BZ’s right to implement or not
implement regulation or enforcement measures with respect to any subsequent or similar content,
conduct or potential TOU violation.

You also understand and agree that any action or inaction by BZ or any of its directors,
officers, stockholders, employees, consultants, agents or representatives (collectively, “BZ
Representatives”) to prevent, restrict, redress or regulate content, or to implement other
enforcement measures against any content, conduct or potential TOU violation is undertaken
voluntarily and in good faith, and you expressly agree that neither BZ nor any BZ Representative
shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or
regulate content, or to implement other enforcement measures against any content, conduct or
potential violation of the TOU.

Although BZ Representatives may moderate content, conduct and TOU compliance on
BarterZone at BZ’s discretion, BZ Representatives have no authority to make binding
commitments, promises or representations to anyone that they or anyone else on behalf of BZ
will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of BZ
will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation
from occurring or recurring. Accordingly, you further agree that any representation (written
or verbal) by any BZ Representative (or by anyone else acting on behalf of BZ or by anyone
purportedly acting on behalf of BZ) that BZ (including but not limited to any BZ Representative,
anyone else acting on behalf of BZ, or anyone purportedly acting on behalf of BZ) would or
would not prevent, restrict, redress or regulate content (including, without limitation, screen,
block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any
content), or to implement other enforcement measures against any content, conduct or potential
or purported TOU violation is superseded by this provision and is nonbinding and unenforceable.
Specifically, you agree that BZ, BZ Representatives and anyone else authorized to act on
behalf of BZ shall in no circumstance be liable as a result of any representation that BZ, a BZ
Representative or anyone else on behalf of BZ would or would not restrict or redress any content,
conduct or potential or purported TOU violation. This paragraph may not be modified, waived
or released except by a written agreement, dated and signed by BZ’s Chief Executive Officer
and dated and signed by the individual or entity to whom the modification, waiver or release is
granted.

BZ also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all
or any portions of BarterZone at any time without notice. BZ and BZ Representatives shall not be
liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any
purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content
BZ does not control, is not responsible for and makes no representations or warranties with
respect to any user content. You are solely responsible for your access to, use of and/or reliance
on any user content. You must conduct any necessary, appropriate, prudent or judicious
investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account,
you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from BarterZone includes but is not limited to: (1) illegal content; (2) content
in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or
services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or
pornographic content); (4) content that discloses another’s personal, confidential or proprietary
information; (5) false or fraudulent content (including but not limited to false, fraudulent or

misleading responses to user ads transmitted via BarterZone); (6) malicious content (including,
without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides
links to posting or auto-posting products or services, account creation or auto-creation products
or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other
product or service that if utilized with respect to BarterZone would violate these TOU or BZ’s
other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited
products or services. Other content prohibitions are set forth in guidelines for particular categories
or services on BarterZone and all such prohibitions are expressly incorporated into these TOU as
stated in section 1 above.

You automatically grant and assign to BZ, and you represent and warrant that you have the
right to grant and assign to BZ, a perpetual, irrevocable, unlimited, fully paid, fully sub-
licensable (through multiple tiers), worldwide license to copy, perform, display, distribute,
prepare derivative works from (including, without limitation, incorporating into other works) and
otherwise use any content that you post. You also expressly grant and assign to BZ all rights and
causes of action to prohibit and enforce against any unauthorized copying, performance, display,
distribution, use or exploitation of, or creation of derivative works from, any content that you post
(including but not limited to any unauthorized downloading, extraction, harvesting, collection or
aggregation of content that you post).

You agree to indemnify and hold BZ and BZ Representatives harmless from and against any
third-party claim, cause of action, demand or damages related to or arising out of: (a) content that
you post or transmit (including but not limited to content that a third-party deems defamatory
or otherwise harmful or offensive); (b) activity that occurs through or by use of your account
(including, without limitation, all content posted or transmitted); (c) your use of or reliance on
any user content; and (d) your violation of the TOU. This indemnification obligation includes
payment of any attorneys’ fees and costs incurred by BZ or BZ Representatives.

b. Conduct
BZ does not control, is not responsible for and makes no representations or warranties with
respect to any user or user conduct. You are solely responsible for your interaction with or
reliance on any user or user conduct. You must perform any necessary, appropriate, prudent
or judicious investigation, inquiry, research and due diligence with respect to any user or user
conduct.

You are also responsible for your own conduct and activities on, through or related to
BarterZone, and, if you create an account on BarterZone, you are responsible for all conduct or
activities on, through or by use of your account.

You agree to indemnify and hold BZ and BZ Representatives harmless from and against any
third-party claim, cause of action, demand or damages related to or arising out of your own
conduct or activities on, through or related to BarterZone or BZ, and related to or arising out
of any conduct or activities on, through or by use of your BarterZone account, if any. This
indemnification obligation includes payment of any attorneys’ fees and costs incurred by BZ or
BZ Representatives.

4. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of BarterZone, unless BZ has specifically authorized
an exception to a particular term for a particular user in a written agreement. BZ has sole and
absolute discretion to authorize or deny any exception or exceptions to the terms in this section

a. Postings
BarterZone is intended and designed as a local service. A user may post content only to the single
specific geographic area offered on BarterZone for which that content is most relevant. The same
or substantially similar content (for example, an ad for a particular item or service, a particular
offer, a particular message or a particular comment) may not be posted to or communicated via
more than one such geographic area. Content that is equally relevant to multiple (i.e., more than
one) geographic areas should not be posted on BarterZone.

The same or substantially similar content may not be posted in more than one BarterZone
category. A user may post content only in the single BarterZone category to which it is most
relevant, and must not post content to inappropriate categories. For example, content advertising
classes or vocational training must be posted under the “classes” category of the “community”
section and may not be posted in any “jobs” category. Likewise, content advertising auto
financing must be posted under the “financial” category of the “services” sections and not
under “cars/trucks” category in the “for sale” section. Similarly, services relating to real estate
must be posted under “real estate” category of the “services” section and may not be posted to any
category within the “housing” section.

A user may post the same or substantially similar content no more than once every 48 hours.
Where a BarterZone category provides specific subcategories for posts by particular types
of users (e.g., car sales “by-owners” versus “by-dealers,” and real estate for sale “by-owner”
versus “by-broker”), a user may post content only in the single user sub-category most accurate
for that user. In particular, no user acting as a broker, agent or dealer may post in any “by owner”
category.

Users may not circumvent any technological measure implemented by BZ to restrict the
manner in which content may be posted on BarterZone or to regulate the manner in which
content (including but not limited to email) may be transmitted to other users. This prohibition
includes, without limitation, a ban on the use of multiple email addresses (created via an email
address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem
toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple
and/or fraudulent BarterZone accounts, including phone-verified accounts; URL shortening,
obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and
content obfuscation via HTML techniques, printing text on images, inserting random text or
content “spinning.”

It is expressly prohibited for any third party to post content to BarterZone on behalf of another.
Users must post content only on their own behalf, and may not permit, enable, induce or
encourage any third party to post content for them.

It is expressly prohibited to post content to BarterZone using any automated means. Users
must post all content personally and manually through all steps of the posting process. It is
also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an
automated means to perform any step of the posting process (in whole or in part). Any user who
develops, offers, markets, sells, distributes or provides an automated means to perform any step
of the posting process (in whole or in part) shall be responsible and liable to BZ for each instance
of access to BarterZone (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on BarterZone. Users may not post content or
communicate with any BarterZone user for purposes of affiliate marketing or in connection with
any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified
account (“PVA”), to post content. A user specifically may not create or use additional accounts
for the purpose of circumventing technological restrictions (security measures) in the posting
process or otherwise for posting content in violation of the TOU.
A user may create an account, including a PVA, only on his/her own behalf. A user must not
permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation
of accounts or PVAs for others is expressly prohibited. A user must only use his/her own account
or PVA, and may not use any account or PVA of another.

The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.
A user must create his/her account or PVA personally and manually and may not create accounts
or PVAs by any automated means. Without limitation, this includes the obligation that the user
personally and manually solves any CAPTCHA challenge in the account creation process.
Further, a user must create any PVA using his/her own valid telephone number. The creation
of a PVA using a telephone number that is not the user’s own, a telephonic forwarding service
or system, or a temporary/disposable telephone number or service is expressly prohibited. The
circumvention of any technological restriction or security measure in the account creation or PVA
creation process is also expressly prohibited.

c. Flagging
A user shall not “flag” (or otherwise seek removal of) content on BarterZone without a personal,
good-faith belief that the content violates the TOU. A user may flag content only on his/her own
behalf. A user must not permit, enable, induce or encourage others to flag content for them. A
user must not flag content for others.
A user may flag a specific item of content only once.
A user flagging content must do so manually and may not employ any automated means, products
(including, without limitation, software programs) or services to flag content. A user must not
circumvent any technological restrictions (security measures) in the flagging process. Without
limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use
of proxy servers or any means whatsoever).

5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of BarterZone, unless BZ has specifically authorized
an exception to a particular term for a particular user in a written agreement. BZ has sole and
absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of BarterZone for its users, access to BarterZone
and/or activities related to BarterZone that are harmful to, inconsistent with or disruptive
of BarterZone and/or its users’ beneficial use and enjoyment of BarterZone are expressly
unauthorized and prohibited. For example, without limitation:

The collection of BarterZone users’ personal information (including but not limited to email
addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of BarterZone or
any content posted on BarterZone whether done directly or through intermediaries (including but
not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is
prohibited. As a limited exception, general purpose Internet search engines and noncommercial
public archives will be entitled to access BarterZone without individual written agreements
executed with BZ that specifically authorize an exception to this prohibition if, in all cases and
individual instances: (a) they provide a direct hyperlink to the relevant BarterZone website,

service, forum or content; (b) they access BarterZone from a stable IP address using an easily
identifiable agent; and (c) they comply with BZ’s robots.txt file; provided however, that BZ may
terminate this limited exception as to any search engine or public archive (or any person or entity
relying on this provision to access BarterZone without their own written agreement executed with
BZ), at any time and in its sole discretion, upon written notice, including, without limitation, by
email notice.

Any access to or use of BarterZone to design, develop, test, update, operate, modify, maintain,
support, market, advertise, distribute or otherwise make available any program, application
or service (including, without limitation, any device, technology, product, computer program,
mobile device application, website, or mechanical or personal service) that enables or provides
access to, use of, operation of or interoperation with BarterZone (including, without limitation,
to access content, post content, cross-post content, re-post content, respond or reply to content,
verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/
or automate technological security measures or restrictions, or flag content) is prohibited. This
prohibition specifically applies but is not limited to software, programs, applications and services
for use or operation on or by any computer and/or any electronic, wireless and/or mobile device,
technology or product that exists now or in the future.

If you access BarterZone or copy, display, distribute, perform or create derivative works from
BarterZone webpages or other BZ intellectual property in violation of the TOU or for purposes
inconsistent with the TOU, your access, copying, display, distribution, performance or derivative
work is unauthorized. Circumvention of any technological restriction or security measure on
BarterZone or any provision of the TOU that restricts content, conduct, accounts or access is
expressly prohibited. For purposes of this paragraph, you agree that cached copies of BarterZone
webpages on your computer or computer server constitute “copies” under the Copyright Act, 17
U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone
verification are “technological measures” that effectively control access to copyright-protected
components and rights of BZ pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of BarterZone in order to
identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with
use of BarterZone in compliance with the TOU or that may impair or interfere with the integrity,
functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part
of BarterZone in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or
assist anyone else to engage in, any of the above unauthorized and prohibited access and activities
is also expressly prohibited and is a violation of the TOU.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND
RELATIONS
BZ and BZ Representatives are not parties to, have no involvement or interest in, make no
representations or warranties as to, and have no responsibility or liability with respect to any
communications, transactions, interactions, disputes or any relations whatsoever between you and
any other user, person or organization (“your interactions with others”). You must conduct any
necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with
respect to your interactions with others.

You agree to indemnify and hold BZ and BZ Representatives harmless from and against any
third-party claim cause of action, demand or damages related to or arising out of your interactions

with others. This indemnification obligation includes payment of any attorneys’ fees and costs
incurred by BZ or BZ Representatives.

7. FEES
BZ may charge a fee to post content or for other features, products, services or licenses. You are
responsible to BZ for any fees applicable to content that you post or other features, products,
services or licenses you purchase or that are purchased through your account. You authorize
BZ, or its designated payment processor, to charge your specified credit card, debit card or other
payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made
in United States dollars. Any applicable sales or other taxes are additional to the stated fee.
Currency exchange settlements and foreign transaction fees are based on your agreement with
your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations
where paid posts are removed by BZ or by community flagging. Payments and purchases may not
be canceled by the user, except as required by law. However, BZ reserves the right to refuse or
terminate any purchase or attempted purchase at any time in its sole discretion. You understand
and agree that if you authorize a payment transaction with your credit card, debit card or other
payment method, but your charge is rejected for any reason, there may be a hold on your use of
that transaction amount for several days.

8. DISCLAIMERS
YOUR ACCESS TO, USE OF AND RELIANCE ON BARTERZONE AND CONTENT
ACCESSED THROUGH BARTERZONE IS ENTIRELY AT YOUR OWN RISK.

BARTERZONE (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS,
SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES,
PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY
DISBZAIMED.

WITHOUT LIMITING THE FOREGOING, BZ ALSO DISCLAIMS ALL WARRANTIES
FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY AND PERFORMANCE OF BARTERZONE AND CONTENT ACCESSED
THROUGH BARTERZONE; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE
AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR
COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED
TO OR AS A RESULT OF BARTERZONE OR CONTENT ACCESSED THROUGH
BARTERZONE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS
OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED
OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS
OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF
BARTERZONE OR CONTENT ACCESSED THROUGH BARTERZONE (INCLUDING,
WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON BARTERZONE OR IN
CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of
the foregoing disclaimers as to implied warranties may not apply.

9. LIMITATIONS OF LIABILITY
BZ AND THE BZ REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE
LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON BARTERZONE OR
CONTENT ACCESSED THROUGH BARTERZONE BY YOU OR ANYONE ELSE,
OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES
OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION
ARISING OUT OF OR RELATED TO BARTERZONE OR CONTENT ACCESSED
THROUGH BARTERZONE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR
INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES
OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INBZUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF BZ OR ANY
BZ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS
NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS
OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR
USE OF BARTERZONE OR CONTENT ACCESSED THROUGH BARTERZONE; ANY
INABILITY TO ACCESS OR USE BARTERZONE OR CONTENT ACCESSED THROUGH
BARTERZONE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION,
INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF
BARTERZONE OR CONTENT ACCESSED THROUGH BARTERZONE.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES
RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS
OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED
OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS,
COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF
BARTERZONE OR CONTENT ACCESSED THROUGH BARTERZONE (INCLUDING,
WITHOUT LIMITATION, ANY LINKS ON BARTERZONE AND LINKS IN CONTENT
ACCESSED THROUGH BARTERZONE).

You hereby release BZ and each of the BZ Representatives, and their respective subsidiaries,
affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all
claims, demands and damages of every kind and nature, known and unknown, direct and indirect,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to
BarterZone or content accessed through BarterZone, or any interactions with others arising out
of or related to BarterZone or content accessed through BarterZone, and you expressly waive the
provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions),
which provides: “A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor.”

All THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or
that your intellectual property rights (including trademark rights) have been otherwise violated,
please follow the directions for written notice at:
http://www.BarterZone.org/about/infringement.BZaims

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause BZ immediate
and irreparable harm and damages; consequently, notwithstanding any other provision of the
TOU or other applicable legal requirements, BZ has the right to, and may in its discretion,
immediately obtain preliminary injunctive relief (including, without limitation, temporary
restraining orders) and seek permanent injunctive relief regarding any violation or breach of
the TOU. In addition to any and all other remedies available to BZ in law or in equity, BZ may
seek specific performance of any term in the TOU, including but not limited to by preliminary or
permanent injunction.

12. DAMAGES

In addition to any injunctive relief, you agree to pay to BZ the total amount of all actual damages
(including but not limited to direct, indirect, consequential and incidental damages) caused by
any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for
certain TOU violations, actual damages would be extremely difficult or impossible to quantify.
Consequently, for such TOU violations, you agree to pay liquidated damages to BZ as described
in the following schedule:

http://www.BarterZone.org/about/liquidated.damages

Furthermore you agree that the amounts of liquidated damages described therein are reasonable
estimates of BZ’s damages for such violations, and that liquidated damages for violations of the
TOU are and will be cumulative.

13. PRIVACY

BZ has established a privacy policy covering the collection, use, and disclosure of user
information:

http://www.BarterZone.org/about/privacy_policy

14. MISCELLANEOUS

These TOU constitute the entire agreement between you and BZ and supersede any prior written
or oral agreement. Other than the BZ Representatives (who are expressly included as named
third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and BZ

arising out of or related to the TOU, BarterZone or content accessed through BarterZone shall
be governed by the laws of the State of California without regard to conflict or choice of law
principles. You and BZ agree that any such claims, causes of action or disputes shall be brought
exclusively in courts located within the county of San Francisco, California, and you and BZ
agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that,
regardless of any statute or law to the contrary, you must file any such claim or cause of action
within one year after such claim or cause of action arose or be forever barred. If any provision of
the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of
the TOU shall remain in full force and effect.