Terms of Use for MyTye

These terms of use ("Terms") govern the relationship between you and Edgemoor Park LLC ("EPL" or "us") relating to the use of MyTye, whether accessed through MyTye.com, MyTye.net, the MyTye app or any other means, .com, MyTye.net and the MyTye app, or any of our products and services related to MyTye (the "Service"). By using the Service you accept these Terms in full; they are a legally binding contract between you and EPL. Do not continue to use the Service if you do not accept the Terms.

By using the Service, you agree that you (a) can form a binding contract with EPL, and (b) you will comply with the Terms and all applicable local, state, national, and international laws, rules, and regulations related to the Service. If you are using the Service on behalf of a business or other entity, you agree that you (a) are authorized and do bind such business or entity to this agreement, and (b) such business or entity will comply with the Terms and all applicable local, state, national, and international laws, rules, and regulations related to the Service.

1. License to Use MyTye

Subject to your constant compliance with the Terms, and subject to EPL’s rights, including its right to suspend or terminate an account, EPL grants you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the Service. You may view, download for caching purposes only, and print pages from the Service for your own personal use, subject to the restrictions set out below and elsewhere in the Terms. This license is for the sole purpose of enabling you to use and enjoy the Service. This license applies to use of the Service in the United States. We grant no rights to use the Service outside of the United States.

Unless otherwise stated, EPL and/or its licensors own the Service and all the intellectual property rights published in the Service. Using the Service does not give you ownership of any intellectual property rights in the Service or any information you access.

Unless explicitly permitted by these Terms, you must not:

1. Republish material from the Service in either print or digital media or documents (including republication on another website);
2. Sell, rent, or sublicense material from the Service;
3. Use branding, logos, icons, user interface elements, product brand look and feel, designs, photographs, videos, or any other materials EPL makes available on the Service;
4. Violate or infringe EPL’s, our affiliates’ or any third party’s copyrights, trademarks, or other intellectual property rights;
5. Reproduce, duplicate, copy, archive, download, upload, disclose, distribute, sell, or otherwise exploit material on the Service for a commercial purpose;
6. Edit or otherwise modify any material on the Service;
7. Redistribute material from the Service, except for content specifically and expressly made available for redistribution;
8. Use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
9. Copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software or probe, scan, or test the vulnerability of the Service;
10. reverse engineer, duplicate, decompile, disassemble, or decode the Service;
11. use or develop and applications that interact with the Service; or
12. Conduct any systematic or automated data collection activities on or in relation to the Service.

2. Your Account

a. The Service may permit you to set up an account (the “Account”). You must provide accurate, complete, and updated information for your Account. You are responsible for any activity that occurs on your Account. You should keep your Account secure by using a strong password. If you forget your password and cannot validate your account with EPL, you agree that your account may not be available to you and your data may not be retrievable.

b. You agree not to create an account if EPL has removed or banned you from using the Service. You are responsible for all data charges related to the use the of Service. We can restrict, suspend, terminate access to, and/or delete your Account at any time for any reason.

c. By providing us with contact information you agree, among other things, to receive messages from EPL and its partners. You agree that these messages may be received even if your mobile number is registered on any state or federal Do Not Call list or equivalent.

d. You may not register for an Account if you are under 18 years old.

e. We do not promise to provide you with any support for the Service. If we provide any support, it is at our option, and we have the right to discontinue support at any time.

3. Rights You Grant EPL

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you provide to the Service for any purpose.

We may access, review, screen, and delete your user content at any time for any reason.

c. We, our affiliates, and our third-party partners may place advertising on the Service and advertising may appear near, between, over, or in your user content without any compensation to you.

d. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or EPL or a third party (in each case under applicable law). You represent that with respect to your user content, you own it or hold all necessary permissions, clearances, and authorizations necessary to submit it to the Service and grant the rights and licenses contained in these Terms for your content.

e. If you provide feedback or suggestions to EPL, we may use them without restriction, without obligation, and without compensation to you. You agree that EPL will own all rights in anything we develop based on your feedback or suggestions.

4. Privacy

You provide information to the Service when you use it and when you affirmatively send us information.

a. We use your information to provide a better experience with the Service and for other business purposes, including the following to:

• Operate, deliver, and maintain the Service;
• Contact you, including providing you with information relating to the expiration of a subscription;
• Provide you with promotional messaging about MyTye or third parties;
• Personalize the Service, including providing targeted advertising;
• Compile anonymous statistical data and analysis for use internally or with third parties, including advertisers;
• Develop new features and functionality to improve the Service, including using machine learning models and other advanced technology tool; and
• Enforce these Terms and the law.

b. We generally keep your information as long as you tell us to (subject to additional time to effectuate the deletion), as long as we need it to operate the Service, and/or as required by law.

c. Although we will endeavor to delete your information when appropriate, we cannot promise that such deletion will occur by a specific time.

d. Please refer to our Privacy Policy, which is incorporated herein, for more information.

5. Content in the Service

The Service may include content that EPL did not create and does not own. That content is the sole responsibility of the person or entity who created it. We assume no responsibility for the conduct or content of third parties, including third parties we may link to.

6. Limitation of Liability

To the maximum extent permitted by law, you agree and understand that EPL, its shareholders, employees, affiliates licensors, agents, and suppliers ("EPL Entities") will not be liable for any indirect, special, incidental, consequential, multiple damages, exemplary or punitive damages, or any lost profits, lost revenues, lost business opportunities, diminution in value, including any alleged loss or diminution in value of personal information, or any other losses whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses (collectively "Losses") arising from or in connection with these Terms or your use of (or inability to use) the Service. EPL Entities are not responsible for any arising from or in connection with these Terms or your use of or access to the Service, including, but not limited to Losses resulting from or in connection with the deletion of alteration of, misdelivery of, or failure to store data maintained or transmitted by the Service; the limiting, suspension or termination of your account; the unauthorized access to your account or any data maintained or transmitted by the Service, your dealings with or participation in promotions of advertisers found on or through (including via a link) the Service; or any good or service sold by such advertisers. EPL Entities will not be liable for problems caused by others, including entities to which we provide a link, the wrongful or unlawful actions of third parties, or an act of God. The limitations and exclusions in these terms will apply whether or not we have been advised of or should have been aware of the possibility of any Losses arising.

To the maximum extent permitted by law, EPL Entities’ are not liable in connection with any disputes that arise out of or relate to these Terms or the Service for the greater of one hundred dollars ($100) or the amount you paid EPL, if anything, in the twelve (12) months preceding the date of the activity giving rise to the claim for the Service.

7. Indemnity

You, and if you are using the Service on behalf of a company, business, or other entity, you and the entity shall hold harmless and indemnify the EPL Entities, from any suit, claim, action, damages, Losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising from or related to (a) your access to or the use of the Service, (b) your user content, (c) your negligence or willful misconduct, or (d) violation of these Terms.

8. Disclaimers

To the fullest extent permitted by applicable law, EPL Entities make no representations, promises, or warranties, express or implied, about the Service. EPL makes no promises that it will keep the Service up and running and free of any bugs, errors, or annoyances. The Service is provided "as is" "with all faults" and "as available" and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. EPL does not warrant the Service will be secure, error-free, timely, or that the information will be accurate. EPL disclaims all liability for your, or any third-party content. Use of the Service, including all content therein, is at your own risk. You understand and agree that no data transmitted over the Internet or no information storage technology can be guaranteed to be secure, and we expressly disclaim any warranties, express or implied, to that effect. We make no commitments, promises or warranties about the Service, the content within the Service, the support we may or may not provide for the Service, the specific function of the Service, the security of the Service, or the Service’s reliability, quality, accuracy, availability, or ability to meet your needs or desires, provide certain outputs or achieve certain results.

11. Arbitration, Class-Action Waiver, Jury Waiver.

a. You and EPL both agree to resolve any and all disputes, controversies, or claims that in any way arise out of or relate to these Terms or from the Service, including any disputes between you and the EPL Entities (“Disputes”), only by arbitration on an individual basis or in small claims court. You and EPL are not required to arbitrate any Dispute (a) within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (b) in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights, and (c) where the only relief sought is injunctive relief. Notwithstanding any other provision herein, prior to commencing any action with an arbitrator, court of law, or other decision-maker, you will work with EPL in good faith to resolve the Dispute.

b. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution section, and not state law. EPL shall have the right to select the arbitration service provided that such service is nationally recognized. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any Dispute where the total amount sought is less than $10,000 may be resolved through binding non-appearance based arbitration at the request of the party seeking arbitration. For Disputes where the total amount is $10,000 or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and EPL. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and EPL.

d. You understand that by agreeing to these terms, arbitration or a small claims action will be the sole and exclusive means of resolving any Dispute between us. You also understand that by agreeing to these Terms, you and EPL are giving up the right to bring a claim in court or in front of a jury (except for matters that may be brought in small claims court), and that you and EPL are giving up the right to proceed with any class action or other representative action. This provision does not prevent you or EPL from participating in a class-wide settlement of claims. Notwithstanding any other provision herein, disputes regarding the interpretation, applicability, or enforceability of the waiver of any rights to pursue a class action may be resolved only by a court and not an arbitrator. If the class action waiver herein is limited, voided, or found unenforceable, then unless the parties agree otherwise, the parties’ agreement to arbitrate shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a class action. In such circumstance, any putative class, private attorney general, or consolidated or representative action that is permitted to proceed must be brought in a court of proper jurisdiction and not in arbitration.

e. Any rights and limitations set forth in the arbitration provision of these Terms may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of the arbitration provisions.

f. You may opt out of the arbitration provisions of these Terms, but you must do so in writing and within thirty (30) days of becoming subject to the Terms. Such notice shall be valid if it is sent to EP LLC, PO Box 5794, Bethesda, MD 20824.

11. Choice of Law & Venue

a. Except to the extent they are preempted by United States federal law, these Terms will be governed and construed in accordance with the laws of Maryland, other than its conflict of laws principles.

b. To the extent the Terms permit you or EPL to file a claim in a court (other than small claims court) arising out or related to these Terms or your use of the Service, you and EPL agree that that they will be litigated exclusively in the United States District Court for the District of Maryland. If, however, the court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the courts of Montgomery County Maryland. You and EPL consent to the personal jurisdiction of both courts.

12. Other

a. These Terms constitute the entire agreement between you and EPL with respect to the Service and supersede any prior agreements. These Terms do not create or confer any third party beneficiary rights. Failure to enforce any provision of these Terms shall not be construed to be a waiver of EPL’s rights to enforce these Terms.

b. EPL may revise the Terms from time to time. Revised terms of use will apply to the use of the Service from the date of publication of the revised terms of use. EPL has no obligation to provide you with notices of changes to these Terms except by amending them herein, but may elect to provide you with notices related to these Terms.

c. If any provision (or part of a provision) of these Terms is found to be invalid, then such provision (or part of a provision) will be removed from these Terms and not affect the validity or enforceability of any remaining provisions.

d. You may terminate these Terms at any time by deleting your accounts and ceasing use of the Service. Sections 1-3 and 5-12 survive the termination of this Agreement.

f. EPL has the right to transfer its rights under these Terms to any other entity. You may not transfer any of your rights or obligations under these Terms without our written consent.

g. We reserve all rights not expressly granted to you.

h. All notices to EPL with respect to these Terms shall be sent to EPL LLC, PO Box 5794, Bethesda, Maryland 20824.

Last updated July 1, 2024.

Privacy Policy

Effective: July 2, 2024

This Privacy Policy explains how Edgemoor Park LLC (“EPL” or “us” or “we”) collects, uses, and discloses the information you provide when you visit MyTye.com, MyTye.net, or the MyTye app, including any other media form, media channel, mobile website related to, or connected thereto (collectively the “Services”), and information about you provided to us by third parties. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Services.

1. Information We May Collect

We may collect information that you provide to us. For example, to access certain functionality of our Services, you must set up an account and provide personal information which may include your name, email address, phone number, and street address. You may also provide us with information about the subscription services that you subscribe to.

When you access our Services, you may be providing information that we may collect, including your browser type, IP address, device information, information collected by cookies and similar technologies, log information, click-through information on links, and other information that shows how you are using our Services.

We may collect data about you that we may receive from third parties, including data from advertisers and subscription service providers. We may combine this information with information that you have provided to us to, for example, provide you with more targeted advertising.

2. Use of Information

We may use information about you to provide you with a better experience with our Services and for other business purposes. For example, we may use information collected about you via the Services to:

• Operate, deliver, secure, and maintain our Services;
• Contact you, including providing you with information relating to the expiration of a subscription;
• Provide you with promotional messaging about MyTye or third parties;
• Personalize the Services, including providing targeted advertising;
• Compile anonymous statistical data and analysis for use internally or with third parties, including advertisers;
• Develop new features and functionality to improve our Services, including using machine learning models and other advanced technology tools; and
• Enforce our Terms of Service and the law.

3. Disclosure of Your Information

We may share your information in certain situations. Your information may be disclosed as follows:

• To service providers who support the Services, including providers who hold, transport, and manage your information;
• To affiliates and partners, including advertising and other business partners and anti-fraud partners;
• As required by law or to protect rights if we believe the release of information about you is necessary to respond to a legal process or governmental request; and
• For the purposes of entering into business relationships, including, for example, to possible investors in or buyers of the Services.

4. Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable.

Generally, we keep your information until you tell us to delete it (along with additional time to effectuate the deletion) and otherwise as long we need it to provide the Services, ensure compliance with our Terms, and as required by law. We do not promise that deletion of your information will happen by a specific time.

5. Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will promptly delete that information, if possible.

6. Changes to the Privacy Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Last Updated: July 2, 2024