You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Parjanya Inc. in the event that any such information has changed since your registration with Parjanya and, if appropriate, you agree to make such modifications yourself to your profile. Parjanya Inc. exercises no control over any content you or others submit while using Parjanya. Parjanya Inc. has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through Parjanya in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Parjanya Inc.. Prior to joining Parjanya, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Parjanya Users and to Parjanya and you must not communicate to Parjanya and its Users any information the dissemination of which could be harmful to you. We collect your personal information in the following ways: You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Parjanya; (c) are not a direct competitor of Parjanya; (d) do not have more than one Parjanya account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Parjanya, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service. Keep your password confidential, do not use other User's’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (support@mentorcloud.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Parjanya account or any information therein to another party or charging anyone for access to any portion of Parjanya, or any information therein. You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorney's fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Parjanya Inc. or (c) any activity in which you engage on or through Parjanya. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation. Due to the communications standards on the Internet, when you visit the Parjanya web site we automatically receive the URL of the site from which you came and the site to which you are going when you leave Parjanya. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP. This information is used to analyze overall trends to help us improve the Parjanya service. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Parjanya may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Parjanya Inc. cannot guarantee that other members will not use the ideas and information that you share on Parjanya. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. PARJANYA AND THE PARJANYA AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS. You should carefully read our full Privacy Policy (found under Privacy link in the application) before deciding to become a User of Parjanya. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such "sensitive" data. We may also disclose your personal and other information you provide, to another third party as part of a reorganization or a sale of the assets of a Parjanya corporation division or company. Any third party to which we transfer or sell Parjanya’s assets will have the right to continue to use the personal and other information that you provide to us. The purpose of Parjanya is to provide a service to facilitate users to plan and achieve their career goals. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users. For as long as Parjanya continues to offer services, Parjanya shall provide (and seek to update, improve and expand, in similar and different new ways) the Parjanya platform and service with the purpose of providing all members with career planning & professional networking connectivity, through Parjanya's proprietary tools, rules and protocols which Parjanya Inc. may update, improve, discontinue and change at any time, at Parjanya Inc.'ssole discretion. Any other use of Parjanya (such as seeking to connect to someone a User does not know or to use Parjanya as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement. We allow you to access Parjanya as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Parjanya, partially or entirely, or to charge and modify prices for Parjanya. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Parjanya and all related items. Parjanya Inc. reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Parjanya has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. Parjanya may include or automatically produce links to third party web sites ("Third Party Sites"). Parjanya Inc. is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Parjanya may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Parjanya and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Parjanya or relating to any applications you use or install from the site. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Parjanya, the Parjanya Affiliates, its Users and the public. Parjanya may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services. You are solely responsible for your interactions with other members. Parjanya reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Parjanya determines, in its sole discretion, that doing so is prudent. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON PARJANYA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR PARJANYA AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. DO NOT RELY ON PARJANYA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR PARJANYA AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PARJANYA OR ANYTHING RELATED TO PARJANYA, YOU MAY LEAVE PARJANYA AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PARJANYA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAIL NOTIFICAITONS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH PARJANYA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. PARJANYA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PARJANYA DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. PARJANYA DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. PARJANYA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PARJANYA DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PARJANYA SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO PARJANYA. Neither Parjanya Inc. nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors ("Parjanya Affiliates") shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Parjanya even if Parjanya is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall: 1. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and 2. not apply to any damage that Parjanya Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement. You may terminate this Agreement, for any or no cause, at any time, with notice to Parjanya which shall be effective upon Parjanya processing such notice. Parjanya may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Parjanya or the party paying for such services. Termination of your Parjanya account includes disabling your access to Parjanya (including any content you submitted or others submitted) and may also bar you from any future use of Parjanya. In furtherance and without limiting the foregoing, Parjanya has adopted a policy of terminating, in appropriate circumstances and at Parjanya's sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Parjanya may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination, you lose access to Parjanya. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof. The Agreement and any disputes with us or any Parjanya Affiliate arising out of or relating to the Agreement or Parjanya ("Disputes") shall be governed by California law, excluding conflicts of law principles and excluding the CISG. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party'’s request, and with arbitration fees and reasonable attorneys'’ fees of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to California would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement. We may notify you via postings on www.Parjanya.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at Legal@tpgcoach.com or via mail or courier at Parjanya Inc.; any notices that you provide without compliance with this Section on Notices shall have no legal effect. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.mentorcloud.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Parjanya Affiliate shall be deemed legally binding on any Parjanya Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Parjanya. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service. Parjanya Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Parjanya Inc. for any third party that assumes our rights and obligations under this Agreement. As a condition to access Parjanya, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts: comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; 1) provide accurate information to us and update it as necessary; 2) review the Privacy Policy; 3) review and comply with notices sent by Parjanya concerning Parjanya; 1) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Parjanya (excluding content posted by you) except as permitted in the User Agreement; 2) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Parjanya, or any part thereof; 3) include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature; 4) utilize information, content or any data you view on and/or obtain from Parjanya to provide any service that is competitive, in Parjanya's sole discretion, with Parjanya; 5) imply or state, directly or indirectly, that you are affiliated with or endorsed by Parjanya unless you have entered in to a written agreement with Parjanya Inc. (this includes representing yourself as an accredited Parjanya trainer if you have not been certified by Parjanya as such); 6) adapt, modify or create derivative works based on Parjanya or technology underlying the Services, or other Users' content, in whole or part; 7) rent, lease, loan, trade, sell/re-sell access to Parjanya or any information therein, or the equivalent, in whole or part; 8) deep-link to the Site for any purpose, (i.e. including a link to a Parjanya web page other than Parjanya's home page) unless expressly authorized in writing by Parjanya or for the purpose of promoting your profile or a Group on Parjanya; 9) access, reload or "refresh" or make any other request to transactional servers more than once during any three second interval; 10) use manual or automated software, devices, scripts robots, other means or processes to access,"scrape","crawl" or "spider" any web pages contained in the site; 11) use automated methods to add contacts, send messages or other permitted activities; 12) access, via automated or manual means or processes, Parjanya for purposes of monitoring its availability, performance or functionality or for any competitive purpose; 13) engage in "framing", "mirroring", or otherwise simulating the appearance or function of Parjanya’s website; 14) attempt to or actually access Parjanya by any means other than through the interface provided by Parjanya; 15) attempt to or actually override any security component included in or underlying Parjanya; 16) engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; 17) remove any copyright, trademark or other proprietary rights notices contained in or on Parjanya, including those of both Parjanya or any of its licensors; 18) remove, cover or otherwise obscure any form of advertisement included as part of Parjanya; 19) use any information obtained from Parjanya to harass, abuse or harm another person; 20) collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Parjanya except as expressly permitted in the User Agreement or the owner of such information may expressly permit; 21) interfere with or disrupt Parjanya, including but not limited to any servers or networks connected to Parjanya, or disobey any requirements, procedures, policies or regulations of networks connected to the Parjanya; 22) invite people with whom you have no prior relationship to join your network; 23) upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo; 24) use or attempt to use another's account without authorization from the Company, or create a false identity on Parjanya; 25) infringe or use Parjanya's brand, logos and/or trademarks, including, without limitation, using the word "Parjanya" in any business name, email, or URL or including Parjanya's trademarks and logos on any website without authorization; 26) upload, post, email, transmit or otherwise make available or initiate any content that: 27) falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; 28) is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; 29) includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Parjanya; 30) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 31) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; 32) includes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. This prohibition includes but is not limited to (a) using Parjanya invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Parjanya to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases. 33) contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Parjanya or any User of Parjanya; 34) forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or 35) adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field). 36) Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices; Each User grants Parjanya a license to use the content supplied by each such User for the purposes of disclosure on the Parjanya website. This license includes, inter alia, the right for Parjanya to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Parjanya and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD). Each User expressly authorizes Parjanya to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Parjanya for any purpose other than for those purposes strictly related to use of the Parjanya services for personal purposes. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Parjanya Inc. has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Parjanya Inc.'s Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Site; 4. Your address, telephone number, and e-mail address; 5. 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; and 6. 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. Parjanya Inc., Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at copyrightagent@tpgcoach.com or by mail at: ATTN: Copyright Agent Parjanya Inc., 368 Fairview Way Milpitas CA 95035 USA Upon receipt of the written notification containing the information as outlined in 1 through 6 above: 1. Parjanya Inc. may remove or disable access to the material that is alleged to be infringing; 2. Parjanya Inc. may forward the written notification to such alleged infringer; and 3. Parjanya Inc. may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material. Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Parjanya Inc.'sCopyright Agent. To be effective, a Counter-Notification must be a written communication provided to the Parjanya Inc.'s Copyright Agent for Notice that includes the following information: 1. A physical or electronic signature of the alleged infringer; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which Parjanya Inc. may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above: 1. Parjanya Inc. may promptly provide you with a copy of the Counter-Notification; 2. Parjanya Inc. may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and 3. Parjanya Inc. may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Parjanya Inc.'sCopyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Parjanya Inc.'snetwork or system. You may want to seek the advice of independent legal counsel before filing a notification or counter-notification. To notify Parjanya Inc. of Content that infringes your rights (other than copyright violations in which case please email copyrightagent@tpgcoach.com) or is otherwise unlawful ("Specified Content"), you must send a notice to the Parjanya Inc. Content Complaint Manager by mail, e-mail, or fax, and provide the following information: a) Your name, address, telephone number, and e-mail address; b) A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed; c) A description of the exact location of the Specified Content on the Web Site; d) (In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them; e) (In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so; f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and g) Your electronic or physical signature (as appropriate). When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion. You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else. Parjanya Inc. Content Complaint Manager Contact information for Parjanya Inc.'sContent Complaint Manager is as follows: E-Mail:abuse@tpgcoach.com Mail: Parjanya Inc ATTN: General Counsel 368 Fairview Way Milpitas CA 95035 USA For damages resulting from the gross negligence of Parjanya or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by Parjanya or its Agents in the absence of intentional misconduct or gross negligence, Parjanya's liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement's purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (i) injuries to life, body and health, or (ii) the assumption of a guarantee or procurement risk. To the extent that Parjanya's liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of Parjanya Agents in cases in which a User sues Parjanya Agents directly. Parjanya Inc., 368 Fairview Way,Milpitas CA 95035, USA December 1, 2009.