The Coffee Insiders

1 Acceptance of Terms and Privacy Policies; Eligibility: Fuel Cycle Inc. (the “Company”) operates a market research community service (the “Service”) on behalf of its client (“Sponsor”) that allows you and other authorized users who have been invited by Company to use the Service (each, a “Member” and collectively, “Members”) to communicate with the Company and each other about products and services, among other topics, of interest to the Sponsor. The Sponsor will remain anonymous. These “Rules of Participation” constitute a binding legal agreement (the “Agreement”) between you and the Company governing your access to and use of the Service, which includes without limitation any software used in connection with or otherwise related to the Service (the “Software”). The Service is offered to you conditioned upon your acceptance of this Agreement and our Privacy Policy (https://fuelcycle.com/legal/privacy-policy/) incorporated herein by reference. Your use of the Service constitutes your acceptance of this Agreement and our Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE SERVICE. In order to participate in the Service, you must be at least 21 years of age or older or such other greater age depending on the country in which you reside (“Site Minimum Age”) to use the Service. If you are not at least the Site Minimum Age, discontinue using the Service immediately because by using or attempting to use the Service, you represent and warrant that you are at least the Site Minimum Age.

2. Privacy Policies: To provide the Service, Company must collect, use, and share your personal data. Your activities on our Services may be shared with the Sponsor for the market research purposes conducted on its behalf. All Registration Data and whatever other information about you that we receive from you through your use of the Service is subject at all times to the terms of Company’s privacy policy.

3. Changes to Rules of Participation: Company reserves the right to change these Rules of Participation at any time, and such modifications will be deemed effective immediately upon Company’s online posting and/or any other provision to you of the modified terms, as applicable, and if you use the Service after the changes become effective, it will signify your agreement to be bound by the changes. You are responsible for ensuring that you are aware of, and in compliance with, the most recent version of these Rules of Participation at all times. If you do not agree to any of the terms hereof, and/or any future changes made by Company hereto, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service will be subject to these Rules of Participation.

4. License; General Prohibitions Regarding Your Use of the Service: Company grants you a personal, limited, revocable, non-transferable, non-assignable, and non-exclusive right and license to use the Service and the Software on a single computer. Your right to use the Service and the Software is personal (i.e., for you only). Company reserves the right, at any time, in its sole and absolute discretion, to modify, suspend, terminate, or otherwise discontinue, temporarily or permanently, the Service (or any part thereof) by providing you with notice thereof. Company reserves the right to cancel, suspend, terminate, or refuse access to the Service to anyone at any time in its sole and absolute discretion. You may not use the Service or the Software, in whole or in part, for any purpose that is unlawful in any way, that may cause Company (or any of its licensors, including without limitation Fuel Cycle, Inc.) legal liability of any kind or nature (either civilly or criminally), that may disrupt the Service or disrupt others’ use of the Service, that may be considered by Company to be any of the following: harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, illegal, harmful, incendiary, discriminatory, prejudice, offensive, hostile, and/or pornographic, that may be prohibited by these Rules of Participation. You may also not use the Service or the Software for any commercial purpose of any kind or nature. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on, the Service and/or the Software, in whole or in part, or any Content (as defined in Section 8, below) contained therein. You shall be responsible for all acts and omissions of the Authorized Participants at all times.

5. Member Registration: To become a Member of the Service, you must provide specific registration information online, including without limitation your full name, e-mail address, phone number, and physical address, and create a user profile that includes your personal preferences. Company will use your e-mail address to send you notices and reminders of upcoming activities and sessions on the Service, among other things. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the “Preferences” page in the “My Profile” section. As part of the registration process, you will select a user name and password for your account (“Account”). You may not: (a) select or use a user name of another person with the intent to, or in a way that may reasonably be interpreted as an attempt to, impersonate that person; (b) use a user name that is subject to the rights (including any intellectual property or other personal rights of any kind) of any other person or entity without such person’s or entity’s prior written authorization; or (c) use a user name that Company, in its sole discretion, deems inappropriate, illegal, violative of any third party rights, and/or offensive or troublesome in any way. You agree to: (x) provide true, accurate, current, and complete information as prompted by the Service’s registration process (collectively, the “Registration Data”); and (y) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. You will maintain a valid email address with Company at all times.

6. Member Account, Password, and Security: You are solely responsible for maintaining the confidentiality of your user name, password, Registration Data, and Account, as well as for any and all uses of any of the foregoing by you and/or any people using the Service under your user name and password (with or without your knowledge or permission). You agree to immediately notify Company in writing of any known or suspected unauthorized use and/or any other breach of security or unauthorized use of the Service of any kind. Company will not be liable for any loss or damage arising from any unauthorized use of your user name, password, Registration Data, and/or Account. Company is not obligated to identify or authenticate any “Member” who accesses the Service. Company is not responsible for identity theft and/or any other misuse of your Registration Data or Account in general.

7. Term; Termination: These Rules of Participation (as may be revised from time to time) shall remain in full force and effect at all times while you are a Member. You may terminate your membership at any time and for any reason upon your provision of written notification to us. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dissatisfaction you may have with the Service, subject to applicable law and our Privacy Policy (as described in Section 2, above). Company may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability other than as expressly provided. Even after a membership is terminated, the terms hereof that, by their very nature, are intended to survive termination or expiration, shall so survive.

8. Member Content:

8.1 All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, and/or any other materials of any kind or nature (individually and collectively, “Content”) posted by Members on the Service (individually and collectively, “Member Content”) shall be the sole responsibility of the Member from whom such Member Content originated. This means that you, and not Company, are entirely responsible for all Member Content that you upload, post, transmit, or otherwise make available, directly or indirectly, on the Service, including without limitation personally identifying information and/or other sensitive data of any kind. When you post Member Content on the Service, your user name will be visible to other Members and attached or adjacent to the Member Content that you post. Please be aware that if you post personal information online, it is accessible to other Members, and as such, you may receive unsolicited messages or Content from such Members. Such other Members may also disseminate this information without your permission or approval. Company does not control the Member Content posted by you or other Members on the Service and as such, does not guarantee the accuracy, integrity, or quality of any such Member Content. By using the Service, you may be exposed to Member Content that is offensive, indecent, illegal, incendiary, defamatory, libelous, illegal, harassing, pornographic, harmful, inaccurate, deceptive, and/or objectionable in some other manner. Subject to applicable law, under no circumstances will Company be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, and/or for any loss, cost, injury, claim, or damage of any kind incurred as a result of the use of any Member Content posted, transmitted, or otherwise made available on the Service at any time. Subject to applicable law, Company makes no warranty, express or implied, with respect to the Member Content and/or your (or anyone else’s) use thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content (including your own), including any reliance on the accuracy, completeness, or usefulness of such Member Content. In addition, except as expressly permitted hereunder, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, delete, distribute, perform, display, license, rent, sell, and/or create derivative works from any Member Content or any other content appearing on or through the Service at any time (in whole or in part).

8.2 Company reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice. Subject to applicable law, Company assumes no responsibility or liability of any kind or nature for monitoring the Service for inappropriate Member Content or conduct. If at any time Company chooses, in its sole discretion, to monitor the Service, Company nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any discovered inappropriate Member Content, and no responsibility for the conduct of any Member submitting Member Content, subject to applicable law.

8.3 Pursuant to Section 11.2, as between you and Company, Company will solely own all Registration Data and Member Content posted or provided on the Service. Without limiting the generality of the foregoing, Company may disclose and use Registration Data and Member Content in its sole good faith discretion, subject only to the Privacy Policy described in Section 2, its agreement(s) with Fuel Cycle, Inc., and applicable law.

8.4You may not post, upload, transmit or otherwise make available on the Service any Member Content that:

(a)      is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind or nature against any group or individual;
(b)     harasses or advocates harassment of another person or is abusive, vulgar, or profane;
(c)      exploits people in a sexual or violent manner;
(d)     contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, or other offensive subject matter, and/or contains a link to an adult website;
(e)      solicits personal information from anyone under eighteen (18) years of age or otherwise targets, solicits, induces, and/or harms minors in any way;
(f)      publicly posts information that poses or creates a privacy or security risk to any person or entity;
(g)      constitutes or promotes information that you know, or should have known after reasonable inquiry, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or otherwise in violation of the terms hereof;
(h)     constitutes or promotes an illegal or unauthorized use of another person’s or entity’s copyrighted work (or other violation of any third party’s intellectual property and/or other personal right(s) of any kind or nature), including without limitation providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, by way of example;
(i)       constitutes unsolicited or unauthorized: marketing, advertising, endorsement, testimonial, promotion or solicitation, including without limitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spamming,” “spamming,” or “pyramid schemes”;
(j)       contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k)      furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;
(l)       solicits passwords and/or other personal identifying information from other Members for any reason, including without limitation for commercial purposes or unlawful purposes;
(m)    involves commercial activities and/or sales without the prior written consent from Company in each instance (including without limitation, activities such as: contests, sweepstakes, barter, advertising, and/or pyramid schemes);
(n)     includes any information, material, audio, photo, and/or video of another person or entity without that person’s or entity’s prior written consent in each instance;
(o)     is misleading or deceptive in any way, including without limitation, falsely stating or otherwise misrepresenting your affiliation with any other person or entity;
(p)     infringes or otherwise violates any applicable law, rule or regulation, and/or any patent, trademark, trade secret, copyright, privacy right, publicity right, confidentiality right, contract right, or any other right of any third party in any way; or
(q)     contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

Company reserves the right (but has no obligation) to investigate and, with or without notice, take appropriate action against anyone who, in Company’s sole discretion, violates this Section 8.4, including without limitation, having the right to remove the offending Member Content from the Service and terminating, suspending, or blocking a Member’s right to use the Service without liability of any kind.
Company reserves the right (but has no obligation) to investigate and, with or without notice, take appropriate action against anyone who, in Company’s sole discretion, violates this Section 8.4, including without limitation, having the right to remove the offending Member Content from the Service and terminating, suspending, or blocking a Member’s right to use the Service without liability of any kind.
9. Member Conduct: You, and not Company, are responsible for compliance with all laws, rules, regulations, and ordinances in connection with your use of the Service. You agree not to engage in any of the following activities in connection with your use of the Service, by way of example:
(a)     criminal or tortious activity, including without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets;
(b)     advertising to, or solicitation of, any Member to buy or sell any products or services or engage in any other commercial venture or opportunity of any kind or nature;
(c)      circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Service;
(d)     activity that involves the use of software viruses, worms, spyware, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permits the unauthorized use of or access to a computer, a computer network, the Service, Software, and/or any personal information of any Member at any time (including without limitation any Content and/or Registration Data);
(e)      any automated use of the Service;
(f)       damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s authorized use and enjoyment of the Service;
(g)      impersonating or attempting to impersonate another Member, person or entity;
(h)     using the Account, Registration Data, username, and/or password of another Member at any time, or disclosing (or failing to adequately protect) your username and/or password, or permitting any third party to access your Account at any time;
(i)       using any information obtained from the Service in order to, directly or indirectly, harass, abuse, or harm another person or entity, or attempting to do the same;
(j)       allow usage of the Service by others in such a way as to violate this Agreement;
(k)      take any steps to interfere with or in any manner compromise any security measures employed by the Service and Company in general;
(l)       use the Software or the Service for any unauthorized or fraudulent purpose;
(m)    collect and/or distribute any information about other Members;
(n)     sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Service, your Account, your Registration Data, and/or your username or password to any third party at any time;
(o)     engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information from the Service of any kind or nature; or
(p)     attempt to decompile, reverse engineer, disassemble, modify, delete, augment, hack, an/or create derivative works from the Service or the Software (in whole or in part), and/or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Service or the Software.

Company reserves the right (but has no obligation) to investigate and, with or without notice, take appropriate action against anyone who, in Company’s sole discretion, violates this Section 9, including without limitation, reporting a Member to (and cooperating with) law enforcement authorities and/or terminating, suspending, or blocking a Member’s right to use the Service.
10. Service Content: The Service contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, and other materials (collectively, “Service Content”) provided by Company and/or its licensors and other third parties (collectively, “Content Suppliers”). Subject to applicable law, Company is not responsible or liable, directly or indirectly, in any way for any Service Content and/or for any damage, injury, claim, cost, destruction, or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Service Content. Subject to applicable law, Company hereby disclaims any warranty, express or implied, in connection with any such Service Content. Company may, but is under no obligation to, pre-screen Service Content. Service Content provided by the Sponsor are used with permission and may not be modified, reproduced, copied or distributed without permission.

11. Proprietary Rights to Member Content:
11.1 You represent, warrant, and promise to Company that: (a) you own the Member Content posted by you on the Service, and (b) your posting or transmitting of Member Content on or through the Service does not, and will not, infringe, violate, or otherwise misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, confidentiality rights, or any other rights of any kind or nature of any person or entity at any time (or otherwise violate any law, rule, or regulation, and/or the terms hereof).

11.2 You hereby irrevocably grant, exclusively to Company, all rights of any kind or nature in and to any Member Content posted or transmitted by you on or through the Service, including, without limitation: (a) all rights of contract, copyright, trademark, patent, trade dress, and all other rights, throughout the world and in perpetuity without restriction of any kind; (b) the right to modify, publish, prepare derivative works from, and/or publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed throughout the world; and (c) the exclusive right to license or otherwise transfer any or all such rights to any other party, in whole or in part. All Member Content belongs solely to the Company. However, to the extent, if any, that any Member Content is not assignable, you automatically grant, and represent and warrant that you have the right to grant to Company, a worldwide, royalty-free, irrevocable, perpetual, fully-sub-licensable, right and license to use, host, reproduce, modify, adapt, publish, edit, translate, distribute, perform, combine with information provided by third parties, create derivatives work of, and/or display such Member Content alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed throughout the world at any time. Any such Member Content may be used by Company or licensed to others by Company for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast, and posting. No compensation will be paid or due you with respect to Company’s or its sublicensees’ use of the Member Content pursuant to this Section 11.

11.3 You further agree to release and waive all claims against Company and the Sponsor with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
11.4 Company cannot guarantee that other Members will not use Content that you post on the Service for their own personal or commercial benefit (i.e., oftentimes in violation of the terms hereof). You should not post any Content on the Service that you would like to keep confidential or do not want others to use or misuse in any manner at any time. SUBJECT TO APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT POSTED BY YOU ON THE SERVICE, AND HEREBY DISCLAIMS ANY WARRANTY (EXPRESS OR IMPLIED) WITH RESPECT THERETO. In the event that you believe such materials infringe any intellectual property rights, or are illegal, then you should contact us your Company administrator.
12. Company’s Proprietary Rights: As between Company and you, all right, title and interest in and to the Service, the Software, and any Service Content (including any intellectual property rights contained in any of the aforementioned) is and will remain the sole property of Company. You may not exploit, distribute, sell, lease, modify, amend, copy, use, or incorporate any of the Service Content (including without limitation any artwork, trademarks, or logos of Company) at any time, and/or exploit such Service Content, the Service, and/or the Software, in whole or in part, in any public or commercial manner, or otherwise in violation of the terms hereof or any other applicable policy of Company.

13. Member Appreciation Program: In appreciation for sharing your views and perspectives through the Services, we may offer certain member appreciation programs to Members from time to time. It is your responsibility to determine the amount of and pay any taxes or duties associated with the awards you earn. At any time and for any reason, we may suspend or cancel the member appreciation program.

14. Links to Third Party Sites: The appearance, availability, or your use of URLs or links referenced or included anywhere in the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Company or the Sponsor or any of their respective successors and assigns. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any of their goods or services.
15. Indemnification: You hereby agree to indemnify, defend, and hold harmless Company, Sponsor, as well as Company’s suppliers (including Content Suppliers), Company’s technology licensors (including, but not limited to Fuel Cycle, Inc.), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, assigns, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of, directly or indirectly: (a) your use of the Service (including, without limitation, the Software and/or any Member Content); (b) your breach of any representation, warranty, or covenant contained in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct, or violation or alleged violation of any law or any rights of any third party. Company and Sponsor each reserves the right (but is not obligated), at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with Company and Sponsor in such defense and shall be fully responsible for all costs associated therewith. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract by Company, Sponsor and/or any of Company’s suppliers (including Content Suppliers), affiliates, partners (including without Fuel Cycle, Inc.), subsidiaries, agents, and employees.

16. Information for California Residents: Under California Civil Code Section 1789.3, California Consumer Privacy Act (“CCPA”), Members located in California are entitled to the following consumer rights information: (a) the Service is provided by the Company located at: 11859 Wilshire Blvd. Suite 400, Los Angeles, CA 90025 and (b) you may contact Company at the address set forth in subsection (a) immediately above with complaints or to request additional information about the Service. Visit Your California Privacy Rights https://oag.ca.gov/privacy/ccpa for more information about exercising your rights as a California Consumer under the CCPA.

17. Copyright Infringement: If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, or your intellectual property rights have been otherwise violated, please send Company’s copyright agent, Fuel Cycle Inc. Legal Department, 11859 Wilshire Boulevard, Suite 400, Los Angeles, CA 90025, a written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.

18. Prize Promotions: If Company offers a sweepstakes, skill-based contest, or other promotion to Members (each, a “Promotion”), the terms and conditions of these Rules of Participation will apply along with the official rules specifically created for any such Promotion. To the extent that any provision of any such official rules conflicts with any of the terms hereof, the terms of the official rules shall govern, subject to applicable law. OUR PROMOTIONS WILL NOT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FORM OF CONSIDERATION.

18.1 General. Eligible Members can participate in a Promotion by following the instructions provided in any notification from Company about a Promotion (“Solicitation”). Specific methods of entry and prize details will be set forth in the Solicitation. Company’s decisions will be final and at Company’s sole discretion for all matters relating to a Promotion, including, without limitation, determination of winner(s), distribution of prize(s), and resolution of any discrepancies in and interpretation of this Agreement, the Solicitation, or other Promotion-related materials or instructions issued by Company (collectively, the “Promotion Documents”). If the winner or a potential winner does not comply with any portion of the Promotion Documents OR if Company determines at any time that the winner or potential winner is disqualified or ineligible, any prize may be forfeited and another winner may be selected by Company. Notwithstanding the foregoing, during any calendar year, no individual shall be awarded a prize or prizes or given other items of value, which, solely or in the aggregate, as the case may be, have an approximate retail value of greater than $599.99 from Company or any of its partners, affiliates, agents or licensors (including without limitation Fuel Cycle, Inc., a third-party beneficiary of these Rules of Participation).

18.2 Eligibility. To be eligible, at the time of the Solicitation, you must: (i) be a legal resident of and residing in any one (1) of the fifty (50) U.S. States or the District of Columbia; (ii) be a Member of the Service in full compliance with all applicable rules and agreements; and (iii) meet any additional eligibility requirements in the Solicitation and Promotional Materials. Employees and agents of the Company, its parent, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with the Promotion, and relatives (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children, and grandchildren) of and those living in the same household as such employees are not eligible to enter or win a prize. During any calendar year, an individual shall not be eligible to enter or win a prize in a Promotion if such individual has previously received a prize, prizes, or any other items of value from the Company or any of its partners, affiliates, agents or licensors (including without limitation Fuel Cycle, Inc., a third-party beneficiary of these Rules of Participation).

18.3 Prizes. A potential winner may be required to respond to requests sent to him or her by Company regarding a Promotion, including, without limitation, tax forms, an affidavit of eligibility and liability/publicity releases (unless prohibited by law), all of which may require the provision of a Social Security number, as well as other personally identifiable information. If any prize, prize notification, entry, or any other Promotion-related communication is rejected, faulty, or returned as undeliverable (for any reason), or if a winner cannot be reached after a reasonable attempt has been made by Company, that winner may be disqualified and an alternate winner may be selected. Company reserves the right to distribute awards to Members from time to time without prior notice or sending a Solicitation. Any difference between the actual value of the prize and the approximate retail value stated in the Promotion Documents will not be awarded. If legitimately claimed, the prize will be awarded. All taxes (federal, state and local) and other expenses not specified as part of a prize are the sole responsibility of the winner. No transfers, prize substitutions, or cash redemptions will be made other than in Company’s sole discretion. Company reserves the right to substitute a prize with another prize of equal or greater value for any reason. Winner agrees that, subject to applicable law, any prize is provided “as-is” without any warranty, representation, or guarantee, express or implied, of any kind, including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise. Company is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant’s e-mail account to receive e-mail messages and/or any other failure (including without limitation provision of a wrong email address to Company).

18.4 Miscellaneous. By participating in a Promotion (except where prohibited by law), each participant hereby consents to the use of his or her name, likeness, voice, biography, and other related data in any of the Company’s (and/or its affiliates’ or partners’, including without limitation Fuel Cycle, Inc.’s) advertising, promotion and marketing materials throughout the world at any time and in any manner, without additional compensation being due to any such participant. Participants are not entitled to approval rights in connection with any such use. All participants, as a condition of entry, agree to be bound by these Rules of Participation, whatever other official rules are established in connection with any Promotion, and the decisions of Company in all respects. If a Promotion is not capable of running as planned for any reason, Company reserves the right to cancel, modify or suspend a Promotion without liability of any kind. Any participant who supplies false or misleading information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Rules of Participation or any of the Promotion Documents in any way will forfeit any prize won. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized Member account holder at the time of entry, but only if that person meets all other eligibility criteria as determined by Company and is in no way in breach hereof. If a dispute cannot be resolved to Company’s good faith satisfaction, the entry will be deemed ineligible. Furthermore, each participant understands and acknowledges that participating sponsoring entities (including without limitation Fuel Cycle, Inc.) have wide access to ideas, stories, designs, themes, concepts, and other literary materials. Each participant also acknowledges that many ideas or stories that participating sponsoring entities come across regularly may be competitive with, similar to, or almost identical to his or her material (including Member Content) in theme, idea, plot, format, or any other respect. Each participant acknowledges and agrees that he or she will not be entitled to any compensation as a result of any sponsoring entity’s use of any such similar or almost identical material that has or may come to the sponsoring entities from other sources. Each participant acknowledges and agrees that any and all such sponsoring entities do not now, and will not have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to infringement or protection of the participant’s copyright in and to his or her material. Each participant additionally acknowledges that, with respect to any claim by participant relating to or arising out of sponsoring entities’ or their agents’, assigns’ or licensees’ actual or alleged exploitation or use of any such material, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise insufficient to entitle such participant to seek or obtain injunctive or other equitable relief, or to in any way enjoin the production, distribution, exhibition, or other exploitation of any production or other project based on or allegedly based on such material, and participant’s rights and remedies in any such event shall be strictly limited to the right to seek to recover monetary damages, if any, in an action at law. In no event shall Company be liable hereunder for any alleged infringement by any such sponsoring entity for any reason at any time, and participant hereby waives any claim he or she may have against the Company (and/or any of its partners or affiliates, including without limitation Fuel Cycle, Inc.) in connection with same.

19. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOUR USE OF THE SERVICE, THE SOFTWARE, AND ALL CONTENT OF ANY KIND CONTAINED THEREIN OR DERIVED THEREFROM, IS AT YOUR SOLE RISK. COMPANY, SPONSOR AND COMPANY’S PARTNERS AND SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY, SPONSOR AND COMPANY’S PARTNERS AND SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PRIZES (IF ANY), OR OTHER MATERIALS OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITATION ON THE FOREGOING, WE ARE UNDER NO OBLIGATION TO STORE AND/OR PROTECT YOUR MEMBER CONTENT, SO IT IS ADVISABLE THAT YOU MAINTAIN YOUR OWN COPY AT ALL TIMES. NOT ALL STATES PERMIT ALL OF THE ABOVE DISCLAIMERS, SO THEY MAY NOT ALL BE APPLICABLE TO YOU.

20. LIMITATION OF LIABILITY: SUBJECT TO APPLIABLE LAW, IN NO EVENT WILL COMPANY, SPONSOR OR ANY OF COMPANY’S PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF COMPANY, SPONSOR OR ANY OF COMPANY’S PARTNERS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S, SPONSOR’S OR ANY OF COMPANY’S PARTNERS OR SUPPLIERS AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH COMPANY IN CONNECTION WITH YOUR USE OF THE SERVICES) EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

21. Independent Review: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT WITH YOUR OWN COUNSEL AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN.

22. Notices: Statements, notices, and other communications to you may be made by mail, email, postings within your Account or on the Service or our website, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Company will not be responsible for any undelivered notices caused by your failure to update such information.

23. Choice of Law; Venue; Waiver of Trial by Jury; Waiver of Class-Action: This Agreement will be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You may bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. ADDITIONALLY, EACH PARTY HEREBY EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE OR JOIN A CLASS ACTION OR SIMILAR SUCH (I.E., NON-INDIVIDUALIZED) CLAIM AGAINST THE OTHER PARTY. EACH PARTY HEREBY ACKNOWLEDGES THAT THIS SECTION SERVED AS A MATERIAL INDUCEMENT TO IT WHEN ENTERING INTO THIS AGREEMENT.

24. No Injunctive Relief: You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, the exploitation of the Service or any Content displayed on the Service, and/or the exploitation of any Promotion or other rights granted to Company hereunder.

25. Conflicts between Rules of Participation and Other Terms: Except with respect to any official rules for a Promotion, if any provision contained in this Agreement conflicts with any provision in any other terms available on the Service (including without limitation any terms of use or terms of service), the provision contained in this Agreement governs.

26. General: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches Company’s intent as expressed in the original provision and the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement (in whole or in part), by operation of law or otherwise, without the prior written approval of Company in each instance, and any such attempted assignment will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement (including whatever documents the Company has specifically referenced herein as applicable) sets forth the entire understanding and agreement between Company and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. Neither party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of the other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties, or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

THE COFFEE INSIDERS SWEEPSTAKES RULES

These Rules govern your participation in all sweepstakes (“Promotion”) provided through Fuel Cycle Inc. (“Company,” "we," “us,” or “our”) on behalf of its client on whose behalf TheCoffeeInsiders.com is provided (“Sponsor”). By participating in any Promotion, you are agreeing to the terms and conditions outlined in these Rules and the decisions of Company, which shall be final in all matters. Failure to comply with these Rules may result in disqualification from the Promotion and forfeiture of any prizes.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. SUBJECT TO THE REMAINING RULES SET FORTH BELOW, THE PROMOTION IS OPEN TO ELIGIBLE ENTRANTS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Eligibility: Void where prohibited or restricted by law. Open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older and are members of TheCoffeeInsiders.com community (each, a “Member”) as of the commencement of this Promotion. Employees, officers, agents, or directors of Company or Sponsor, or any of their respective affiliates or promotional partners (including the immediate relatives and/or those living in the same household as any such individuals) are not eligible to participate.

How to Participate: Registration begins at [XX:XX] AM Eastern Time on [DATE] and ends at [XX:XX] PM Eastern Time on [DATE] (the “Entry Period”). Each person is eligible to win only one prize through the Promotion. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. If you submit more than the stated number of entries permitted, and/or if Company suspects that you attempted to obtain additional entries by using multiple email addresses, registrations, identities or any other method, all entries submitted by you may be declared null and void. Members can earn entries thru any of the following entry methods:

Member Activity Participation – Entrants can obtain one (1) Promotion entry by
By Mail – During the Entry Period, Members can obtain Promotion entries by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, and mailing the card in an envelope, with proper postage affixed to: Fuel Cycle Inc., TheCoffeeInsiders.com Promotion Entry, 11859 Wilshire Boulevard, Suite 400, Los Angeles, CA 90025. All entries must be postmarked by [DATE] and received by [DATE]. Each mail-in entry received with be worth one (1) Promotion entry. **NOTE: Mail-in entry card and envelope must be hand-printed by the Member only. Members are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Company). Each envelope must be mailed individually. Bulk shipments of entries will not be accepted.

Submissions to Promotion: All material you submit to Company through the Promotion (“Entry Material”) becomes the sole property of Company and/or Sponsor and will not be returned. By submitting the Entry Material, you forever waive any rights or claims you have or may ever have relating to or arising out of the Entry Material, including claims based upon any intellectual property, rights of privacy or publicity and moral rights, including, without limitation all claims relating to the use of your name, image, voice or likeness. Information submitted with an entry is subject to the Privacy Policy: https://thecoffeeinsiders.com/privacy

Prize Award: The winner(s) will be selected on [INSERT DATE]. The winners will be selected by a random drawing will be conducted by Company to select the winners from among all eligible entries received. If a potential winner is disqualified for any reason, Company will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. The odds of winning a prize depend on the number of eligible entries received. The prize shall be a [INSERT SUFFICIENTLY DETAILED DESCRIPTION OF THE PRIZE BEING OFFERED]. We will award [INSERT NUMBER] prizes in this Promotion, each with an approximate value of $[ENTER DOLLAR VALUE NOT TO EXCEED $600]. Potential winners will be contacted via the e-mail address associated with his or her Member account within [time period] from the end of the Entry Period. Members must ensure that his or her account is up-to date and includes a valid e-mail address. Failure to provide a valid and current e-mail address may result in a winner’s forfeiture of the prize. Neither Company nor Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in the Member’s e-mail account, and/or any other failure. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. If legitimately claimed, the prize will be awarded. Failure to respond within the applicable time period will result in forfeiture of prize and Company shall have the option to award the prize to an alternate winner. Company is not responsible for returning any entry, and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All taxes (federal, state and local) and other expenses not specified as part of a prize are the sole responsibility of the winner. No transfers, prize substitutions, or cash redemptions will be made other than in the Company’s sole discretion. The Company reserves the right to substitute a prize with another prize of equal or greater value for any reason. A potential winner may be required to provide tax forms, his or her physical address (i.e., no P.O. Box), an affidavit of eligibility, and liability/publicity releases (unless prohibited by law), among other things, all of which may require the provision of a social security number, as well as other personally identifiable information. Acceptance of a prize also constitutes permission to Company or Sponsor to use winner's name, likeness, voice, biography, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.

Winner’s List: For a list of winners, please send an e-mail to the following address: support@thecoffeeinsiders.com with the subject line “TheCoffeeInsiders.com Winner List Request.” Requests for a winners’ list must be received no later than three (3) months following the end of the Entry Period.

Disclaimer: Each prize winner agrees that, subject to applicable law, any prize is provided “as-is” without any warranty, representation, or guarantee, express or implied, of any kind, including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise.
Limitation of Liability: By entering this Promotion, you waive all right to, and hold Company and Sponsor harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Promotion or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Neither Company nor Sponsor will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for your provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Promotion; by any human error which may occur in the processing of the entries in this Promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the sweepstakes, or announcement of the prizes. If, in Company’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties (including viruses and bugs) compromise the integrity of the Promotion, Company reserves the right to, in its sole discretion, cancel or modify this Promotion in a manner deemed appropriate by Company. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.

Official Rules Control: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.

General: By participating in any Promotion, you agree to comply with and be bound by these Rules, and all interpretations of the Rules and the Company’s decisions shall be final in all matters relating to the Promotion. These Rules cannot be amended or modified by any representation, written or oral, made by any representative or purported representative of the Promotion. The Company’s or Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Failure to observe these Rules will result in disqualification from the Promotion and forfeiture of the prize. The Company reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if, in its sole discretion, any factor impairs the integrity or proper functioning of the Promotion. The Company reserves the right to disqualify any person who did not meet the eligibility requirements, and/or has tampered with the entry process or who is otherwise in violation of these Rules or any other rules promulgated by the Company or is otherwise acting in an unsportsmanlike or disruptive manner and void all associated submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Company and Sponsor each reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. The Company reserves the right, in its sole discretion, to void suspicious entries. The Company reserves the right to modify, cancel, postpone, or suspend the Promotion. In addition to these rules, TheCoffeeInsider.com’s Rules of Participation (a copy of which can be found at the following link:)  https://thecoffeeinsiders.com/member/v2/home shall apply in all respects to the Promotion and as such, are deemed incorporated herein by this reference.

Please contact us at support@thecoffeeinsiders.com with any questions regarding this Agreement.