TERMS & CONDITIONS

BILLION4CHARITY.ORG TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE AND HILL INDUSTRIES' PRIVACY POLICY LOCATED AT www.billion4charity.org/privacy-policy.html BEFORE USING THIS WEBSITE OR ANY OF THE BILLION4CHARITY "COMMUNITY FEATURES" (as defined below)

SECTION 1 - GENERAL INFORMATION

1.1 - Terms of Service Binding These terms of service (the "Terms of Service" or "TOS") apply to your use of the online Website and mobile application interface (each, a "Website") which is managed by Hill Industrial Holdings, Inc. or one of its affiliates or subsidiaries (collectively referred to herein, solely for ease of reference, as "Hill Industries,"), including, but not limited to the Websites located at www.billion4charity.org, and www.facebook.com/Billion4Charity), any interactive applications such as the mobile application (each, an "Application") managed by Hill Industries and/or the Hill Industries "Community Features" (as defined herein) (unless a different terms of use or terms of service policy is provided on a particular Website, Application or Community Feature, in which case such different policy shall control). The Website, the Applications and the Community Features are collectively referred to as the "Services". Your use of the Services constitutes your unconditional agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Services. You can visit many parts of the Services without becoming a registered "User" (as defined below), but to participate in Community Features and certain other activities you will need to become a registered User and create an account (each, an "Account"). These TOS govern everyone who uses the Services (each, "you" or a "User"), whether they are registered or not.

Billion4Charity is an interactive skill game("Game") which requires Users to create a marketing slogan (as the basis of competition), is made available on the Services or is accessible from the Services are operated by Hill Industries. These TOS, the Billion4Charity Privacy Policy, and any other terms and policies incorporated herein by reference (collectively, the "Other Policies"), constitute the entire agreement between you and Hill Industries pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these TOS shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

1.2 - License to Use Hill Industries grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Services and the materials thereon, including the "Services Content" (as defined below) for your personal use only, provided that you comply fully with these Terms of Service. You may "cache" pages of the Services for the sole purpose of increasing the speed and efficiency at which you access the Services in the future. You shall not interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS.

1.3 - Changes to the Website and/or Terms of Service Hill Industries reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When Hill Industries amends these TOS, it will revise the "last updated" date located at the bottom of these TOS. For material changes to these TOS, Hill Industries will notify you by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you use the Services in any way after these TOS have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on the Website and will supersede all previous versions of these TOS.

1.4 - Changes in Website Ownership As set forth more fully in the Privacy Policy, you will be deemed to have consented to the transfer and/or disclosure to a subsequent owner of the Services of any personal information submitted by you and contained in Hill Industries' database if Hill Industries assigns your personal information to a third party as part of a corporate transaction such as a merger, acquisition, or sale of the Services, in whole or in part, or all or substantially all of Hill Industries' assets.

1.5 - Linked Websites Hill Industries is not necessarily affiliated with any third party Websites that may be linked to or from the Services (the "Linked Websites") and is not responsible for the content or performance of any Linked Website. Links from the Services to the Linked Websites are for your convenience only, and you access them at your own risk.

1.6 - No Resale / Exploitation by Licensee You may not reproduce, copy, resell, manipulate, or exploit any part of the Services or the "Services Materials" (as defined below), for any commercial purpose.

1.7 - Account Termination / Prohibited Access Hill Industries may, in its sole discretion and at any time, with or without notice, terminate your password, Account or use of any Community Feature, and discard and remove any "Community Content" (as defined below) posted or submitted by you to any Community Feature, for any reason or no reason at all. Hill Industries may also, in its sole discretion and at any time, with or without notice, discontinue any Community Feature or limit or restrict any User access thereto, for any reason or no reason at all. Should Hill Industries take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your "Registration Information" (as defined below) and submitted Community Content. Additionally, if your access to the Services and/or the Hill Industries Game Site has been terminated or suspended by Hill Industries for any reason, you are not eligible to enter or participate in any Hill Industries programs or promotions (including, without limitation, any sweepstakes, contests or giveaways) or to win any prizes. You understand and agree that Hill Industries shall not have any liability to you or any other person for any suspension or termination of your access to any Community Feature and/or the removal of information concerning your Account.

1.8 - Governing Law and Disputes These TOS shall be governed by, and construed in accordance with, the laws of the Mexico City, Mexico, without giving effect to any choice of law or conflict of law principles that would result in the application of any other jurisdiction's laws.

By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Hill Industries and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the "Company Entities") arising out of, relating to, or connected in any way with the Services or the TOS, shall be settled by mediation rules of the country of Mexico. Each party shall pay its pro rata share of the expenses and fees of the mediator.

IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

The Services are controlled and operated by Hill Industries from its offices within Mexico City, Mexico. Hill Industries makes no representation that the Services and/or the Services Content, including merchandise offered for sale on the Services, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than Mexico. Those who choose to access the Services from locations outside of the Mexico do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

SECTION 2 - INTELLECTUAL PROPERTY

2.1 - Ownership of trademarks, copyrights and patents As between Users and Hill Industries, Services Content is different from "Community Content". "Community Content" consists of User-generated content, information, and materials of any kind or nature that is included or posted by Users in the Community Features sections of the Website (collectively, "Community Content"). The Services and all of the content the Services contain, or may in the future contain, including but not limited to all copyrights, trademarks, service marks, trade names and patents (collectively, the "Services Content") is proprietary to Hill Industries and its affiliates. The Services Content and the programming codes associate therewith ("Services Code") as they exist on the Services are offered to you by Hill Industries for limited and restricted use pursuant to these TOS. Services Content and Services Code are collectively referred to herein as the "Services Materials". Any use of the Services Materials other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright and/or patent infringement.

The Services Materials are owned by Hill Industries and/or its licensors and content providers, and are protected by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by Hill Industries, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Services Materials. You agree not to use the Services Materials for any unlawful purposes.

Without in any way limiting the generality of the foregoing, use of the Services Materials on any third party Website or other networked computer environment is prohibited without prior written permission from Hill Industries.

2.2 - Use of Software From time to time, and at its sole discretion, Hill Industries may make available to Users certain software that may be accessible or downloaded from the Services. In the event that you access or download software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Hill Industries or a Hill Industries-approved third party software provider ("Third Party Provider"). Hill Industries does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Hill Industries retains full and complete title to its Software, and all intellectual property rights therein. For purposes of these TOS, such Software shall be deemed included in the definition of "Services Materials". Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

2.3 - Submissions Hill Industries is pleased to hear from its Users and welcomes your comments regarding Hill Industries' services and products, including Hill Industries' online services. Nevertheless, Hill Industries' long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials outside of the scope of what is required for participation in the Services, contest, or sweepstakes. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Hill Industries or its affiliates' professional staff might seem to others to be similar to their own creative work.

If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph 2.3, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of Hill Industries, and Hill Industries shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Hill Industries without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Hill Industries shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Services or Hill Industries, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All Submissions to the Services and/or Hill Industries shall be the sole property of Hill Industries and will not be acknowledged or returned. You agree and understand that Hill Industries is not obligated to use any Submission you make to the Services or Hill Industries and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Hill Industries is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Hill Industries does not place Hill Industries in a position that is any different from the position held by members of the general public with regard to your Submission. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Hill Industries' actual or alleged exploitation or use of any material you submit to the Services and/or Hill Industries, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that in no event shall Hill Industries' liability exceed $5,000.

2.4 - Copyright Notice If you are a copyright owner and believe that any Services Materials or Community Content appearing on the Services or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Hill Industries pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
The exact URL or a description reasonably sufficient to permit Hill Industries to locate where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

E-Mail: copyrightagent@hillindustries.com

Upon receipt of the written notification as outlined above, Hill Industries will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of District Federal Court for Mexico, or if his/her address is outside of the Mexico, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, Hill Industries seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.

SECTION 3 - COMMUNITY FEATURES

Section 3.1 - General Community Information In consideration for your use of the Website's Community Features and functionality, you agree to (i) comply with the "Community Guidelines" set forth below, (ii) provide Hill Industries with accurate, complete and true information about yourself as required on the registration form (your "Registration Information") in order to create your Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at Hill Industries' sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using the Services and/or any other Hill Industries service.

As part of your Account, you will be responsible for creating, and maintaining the confidentiality of, your username and password. We ask that you select a username other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Account information, as sharing your password with others may lead to unauthorized access to your Account information. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify Hill Industries of any unauthorized use of your username or password, and (ii) ensure that you properly exit a Community Feature at the completion of your session. Hill Industries shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.

Section 3.2 - Profiles, Buddy Lists, Comment Walls, Virtual Assets and Private or Public Communications As a convenience to its visitors, Hill Industries provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or virtual assets, polls, surveys, and other services (collectively, the "Community Features"). Community Features are provided by Hill Industries to you and others subject to the TOS, the "Community Guidelines" set forth below and the Other Policies. The User who posts Community Content in the Community Features is responsible for the reliability, accuracy and truthfulness of such Community Content, and Hill Industries has no control over same. Additionally, Hill Industries has no control over whether any such posted material is of a nature that Users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

ENTERING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY COMMUNITY FEATURES.

Section 3.3 - Community Guidelines You are entirely responsible and liable for all activities conducted by you and/or any authorized use of your Account within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. Listed below are some, though not all, violations that may result in Hill Industries terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by Hill Industries in its sole discretion ("Community Guidelines"). You agree not to do any of the following actions while using any of the Community Features:

Violate these Community Guidelines or abuse the community purpose of the chat areas.
Participate in any part of the Services if you are a resident of a country or state who is under the age of 13.
Use profanity, obscenities, or **asterisks** or other "masking" characters to disguise profane or obscene words.
Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
Impersonate other Users.
Attack (flame or "cyberbully") individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
Post topics on message boards, on the Services or within any of the Community Features that are unrelated to the subject of the Services.
Advertise or promote other companies or URLs.
Share personal information (your name, phone number, home address, password, etc.) with others on the Services.
Include advertising in communications.
Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hill Industries all of the license rights granted herein.
Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
Collect or harvest the information of any User or otherwise access the Services using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).

Information disclosed in Community Features is by design revealed to the public. Hill Industries is not responsible for any information you choose to disclose to others. Hill Industries reserves the right, but not the obligation, to remove any posts for any reason. Hill Industries does not endorse the Community Content in the Community Features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Services Materials or Community Content provided through a Community Feature. Without in any way limiting the generality of Paragraph 2.3 of these TOS, by posting or uploading Community Content to any Community Feature or submitting any other Community Content to Hill Industries, you automatically grant (or warrant that the owner of such rights has expressly granted) Hill Industries a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.

You understand that the uploading to and/or posting of any Community Content in any Community Feature shall not be subject to any obligation of confidence on the part of Hill Industries, and Hill Industries shall not be liable for any use or disclosure of any Community Content. Without limitation of the foregoing, Hill Industries shall exclusively own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content.

You agree to indemnify Hill Industries for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Community Feature or submitting any Community Content to Hill Industries, or your failure to comply with the Community Guidelines. Hill Industries does not and cannot review every message posted by users on the Services, and is not responsible for the content of these messages or the views or opinions expressed by the Users of the Services. Hill Industries reserves the right to, but is not obligated to, delete, move or edit Community Content, in whole or in part, submitted by you to the Services and/or Hill Industries for any reason. In no event does Hill Industries assume any obligation to monitor the Community Features or remove any specific material.

Section 3.4 - Promotional Activities By registering for an Account, you agree that the Services may display your username throughout the Services, including, but not limited to areas such as leader boards, individual tournament records, message boards, chat rooms, etc. By accepting any prize from the Services, you agree to allow Hill Industries to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, your name, picture, voice, likeness, statements, biographical information, a description of the prize(s) you won and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release Hill Industries from any liability with respect thereto. Please note that sweepstakes, contests or promotions offered via the Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Section 3.5 - Privacy Policy Submissions are governed by these TOS even if they include information about you or information that could be used to personally identify you. Any other personal information collected at the Services will be governed by Hill Industries' Privacy Policy located at http://www.Billion4Charity.com/privacy.html, which is incorporated into these TOS by reference.

Section 3.6 - Anti-Spam Policy The Services are vigorously against the practice commonly referred to as "Spamming." Any User who is reported to be generating Spam, and whose "Spamming" is validated by the Services, will have their respective Accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of Hill Industries. Additionally, any prizes (if any) may be voided at the sole discretion of Hill Industries. Hill Industries defines "Spam" as it is commonly understood, and includes the following:

Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
Solicitations posted to chat rooms or sent to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ).

Hill Industries may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

Account Suspension: Upon the receipt of a credible and validated complaint, Hill Industries may elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "final" warning and will prevent the abuser from continuing his/her abusive "Spamming" behavior. Hill Industries will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion, and may void any associated prizes. Hill Industries reserves the right to lift the suspension of a user at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible and validated complaint, Hill Industries may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings.

SECTION 4 –MORALS CLAUSE

If you win the Game by submitting your marketing slogan, as winner you shall be named the "Game Ambassador" for Billion4Charity. As Game Ambassador it will be necessary for you or your Assignee to appear publically, and to present ceremonial checks to each nonprofit participant in a public forum which may be covered by news media. Thus, the Game Ambassador must be of sound mind and body to carry out the duties described above. If the Game Ambassador is unfit or incapacitated due to (but not limited to) substance or alcohol abuse, the duties of the Game Ambassador shall be assigned to a person chosen by Hill Industries to carry out the duties as needed.

SECTION 5 - LIMITATION OF LIABILITY

Section 5.1 - General Disclaimer THE SERVICES, THE SERVICES MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HILL INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HILL INDUSTRIES DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SERVICES MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. HILL INDUSTRIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HILL INDUSTRIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSES IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF HILL INDUSTRIES. THE COMPANY ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE HILL INDUSTRIES TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE LAW OF ANY COUNTRY, WHICH PROVIDES AS FOLLOWS: "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."

SECTION 6 - INDEMNIFICATION.

BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE HILL INDUSTRIES ENTITIES FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR HILL INDUSTRIES' USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM.HILL INDUSTRIES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF HILL INDUSTRIES.

SECTION 7 - MEMBER DISPUTES

You are solely responsible for your interactions with other Users and/or Community Feature Users. Hill Industries reserves the right, but has no obligation, to monitor disputes between you and other Users.

SECTION 8 - ABILITY TO ACCEPT TOS

If you are a resident of any country or state, you affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.

SECTION 9 –ACCOUNTS FOR INDIVIDUAL USE ONLY

A User who purchases Tickets for the account becomes the sole owner and holder of the Ticket account. Holders of Ticket Accounts are solely responsible for all account obligations and entitled to all benefits therefrom. It is the responsibility of each Ticket account holder not to allow any other person to access your account, access the Website, accept any winnings, or participate in any tournament using your account information. Your Ticket account is not transferable to any other person. By registering and/or participating in the Game, you agree to indemnify, defend, and hold the Billion4Charity.org site harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.

SECTION 10 – LEGALITY AND TAXES

You are subject to all laws of the country, state, and/or province in which you reside and from which you access the Billion4Charity.org Website or mobile app and are solely responsible for obeying those laws. It is the sole duty of each player to keep his/her account registration address current on Billion4Charity for compliance purposes. You agree the Website or mobile app cannot be held liable if laws applicable to you restrict or prohibit your participation. The Billion4Chairty Website and mobile app makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Website or mobile app nor shall any person affiliated, or claiming affiliation, with the Website or mobile app have authority to make any such representations or warranties. The Website and mobile app reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted. Hill Industries reserves the right to sell the proceeds raised by Billion4Chairty as a tax credit. Hill Industries may require any participant receiving any prize to provide the Hill Industries with proof that he or she is eligible to participate. It is the policy of Hill Industries in compliance with tax regulations of the country from which a winner is selected, to make the winner aware of the taxes owed in relationship to the administrative fee earned as income. However, you remain solely responsible for paying all taxes in accordance with the laws that apply in your country, state, and/or province of residence.

SECTION 11 – CREDIT CARD USE

In order to maintain data accuracy and ensure the correct use of information, Hill Industries has put in-place appropriate electronic and managerial procedures to safeguard and secure the information we collect on-line. Hill Industries utilizes sophisticated encryption technology to ensure that sensitive data is transferred securely and Billion4Charity.org is protected by latest firewall systems.

Users must keep personal account information (Name/Password) strictly confidential and are solely responsible for their account transactions. It is your direct responsibility to log-off Billion4Charity.org site after purchasing tickets for the Billion4Charity game to prevent any unauthorized access.

Any attempt to defraud the Hill Industries through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you maybe otherwise entitled, and civil and/or criminal prosecution.

SECTION 12 - ADDITIONAL TERMS

If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of Hill Industries. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.

Last Updated: September 18, 2015.