Agreement between User and www.chobaniangroup.com

Welcome to www.chobaniangroup.com. The www.chobaniangroup.com WebSite (the "WebSite") is comprised of various web pages operated by Chobanian Group ("CG"). www.chobaniangroup.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.chobaniangroup.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. If you do NOT agree to these Terms of Use, please do NOT use this WebSite. These Terms of Use apply only to your use of the WebSite and do not apply to any CG product or service, nor change any other agreement that may exist between you and CG. CG reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the WebSite following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.

www.chobaniangroup.com is an E-Commerce WebSite.

Consulting and Design Services

Electronic Communications

Visiting www.chobaniangroup.com or sending emails to CG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the WebSite, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

CG does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Minors (individuals under 13 years of age) are not eligible or authorized to view or use the site, and we ask that they do not submit any information, content or materials to us. If you are under 18, you may use www.chobaniangroup.com only with permission of a parent or guardian.

Links to Third Party WebSites/Third Party Services

www.chobaniangroup.com may contain links to other WebSites ("Linked WebSites"). The Linked WebSites are not under the control of CG and CG is not responsible for the contents of any Linked WebSite, including without limitation any link contained in a Linked WebSite, or any changes or updates to a Linked WebSite. CG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CG of the WebSite or any association with its operators.

Certain services made available via www.chobaniangroup.com are delivered by third party WebSites and organizations. By using any product, service or functionality originating from the www.chobaniangroup.com domain, you hereby acknowledge and consent that CG may share such information and data with any third party with whom CG has a contractual relationship to provide the requested product, service or functionality on behalf of www.chobaniangroup.com users and customers.

Accuracy and Completeness of Information

CG is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Your Use of the Site

All content on this site (including but not limited to, code and software, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces) is the exclusive property of and owned by CG, its licensors, and/or its content providers, and is protected by copyright, trademark and other applicable laws worldwide.

You may access, download, store, display on your computer, view, listen to, copy, and print the materials and content that CG publishes or broadcasts on this site or makes available for download through the site for your personal, informational and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice appearing on the material you access, copy, download or print, and further provided that you do not distribute or transfer such materials and content. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services or portions thereof obtained from the site, is expressly prohibited. CG, its licensors and/or content providers currently retain and shall retain full and complete ownership and title in and to the materials provided on this site, including all enabling software rights thereto, and provide this material to you under a license that is revocable at any time in CG’s sole discretion. CG neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties.

As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via this website, including but not limited to the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to, distribute or otherwise publish through this site any materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on enabling software rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms or any other form of malware; political campaigning; or chain letters; mass mailings; or any form of“spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any materials or content. You may not upload commercial content onto the site.

If you do submit materials and content, and unless we expressly indicate otherwise, you hereby grant CG an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from , distribute and display such material throughout the world in any media. You further agree that CG is free to use any ideas, information, concepts, and/or know-how that you or anyone acting on your behalf provide to CG. You grant CG the right to use the name you submit in connection with such materials or content if CG elects to do so. All personal information provided via this site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the materials and content you post; that the materials and/or content are accurate; that use of the materials and/or content you post or provide do not violate any provisions of the Terms of Use and will not cause injury to any individual or entity; and that you will indemnify CG for all claims resulting from materials and content you post or provide.

Disclaimers

Except where otherwise expressly provided, this site and all materials and content therein are provided on an “as is” and “as available” basis. CG hereby expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for any purpose, or non-infringement. CG makes no warranty that the site, materials and content will meet your requirements, will be available on an uninterrupted or secure basis, or that the quality of any materials or content obtained by you on or through the site will meet your expectations.

If you download any material or content from this site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material or content.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.chobaniangroup.com strictly in accordance with these terms of use. As a condition of your use of the WebSite, you warrant to CG that you will not use the WebSite for any purpose that is unlawful or prohibited by these Terms. You may not use the WebSite in any manner which could damage, disable, overburden, or impair the WebSite or interfere with any other party's use and enjoyment of the WebSite. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WebSite.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the WebSite, is the property of CG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the WebSite. CG content is not for resale. Your use of the WebSite does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CG or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by CG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CG Content accessed through www.chobaniangroup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless CG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the WebSite or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CG in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CG agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHOBANIAN GROUP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

CHOBANIAN GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHOBANIAN GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOBANIAN GROUP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHOBANIAN GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Cautionary Language Regarding Forward-Looking Statements

This website may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from CG’s historical experience and our present expectations or projections. CG undertakes no obligation to publicly update or revise any forward-looking statements.

Jurisdiction

These Terms of Use are governed and interpreted under the laws of the State of California, United States of America, without regard to its choice of law provisions. By using this site you consent to the jurisdiction of the federal and state courts located in California for any action or claim arising from or relating to these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that portion shall be deemed to be severable and shall be construed in accordance with applicable law. Such portion will not affect the validity and enforceability of any remaining provisions or terms. CG’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver of the Terms of Use and shall not limit CG’s rights with respect to such breach or any subsequent breaches.

Export Restrictions/Legal Compliance

You may not access, download, use or export the site, or the materials and content provided on or through the site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of CG in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of CG outside the U.S. Neither the services of CG nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into: (a) Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawful permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Blog Policies and Disclaimers

The views and opinions expressed on any blog or comments section on our site are the personal opinions of the original authors, not of CG. The content is provided for informational purposes only and is not meant to be an endorsement or representation by CG or any other party.

Privacy Policy

CG respects your Privacy and has developed a policy to address privacy concerns. For more information, please see CG’s Privacy Policy. Any personal information collected on this site will be treated in accordance with CG’s Privacy Policy.

Digital Millennium Copyright Act

It is the CG’s policy to fully comply with the Digital Millennium Copyright Act (DMCA), which provides a procedure for notifying a service provider about intellectual property infringement by third parties. If you have a good faith belief that infringing activity is occurring in connection with this site, please provide written notice detailing the requisite information as set forth in Section 512(c)(3)(A) of the DMCA, which requires that a notification of claimed infringement must be by way of written communication provided to the designated agent, and that this writing includes substantially all of the following:

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• (ii) Identification of the copyrighted work claimed to have been infringed.
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. • (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For the purposes of the DMCA, Company’s registered agent is:

Chobanian Group
75 East Santa Clara Street, Suite 1388 San Jose, California 95113

Trademarks

This website features logos, brand identities and other trademarks and service marks (the “Marks”) that are the property of, or are licensed to CG, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this site without written permission of CG or any third party that may own a Mark displayed on the site. CG reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Termination/Access Restriction

CG reserves the right, in its sole discretion, to terminate your access to the WebSite and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the WebSite. Use of the WebSite is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CG because of this agreement or use of the WebSite. CG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WebSite or information provided to or gathered by CG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CG with respect to the WebSite and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CG with respect to the WebSite. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

CG reserves the right, in its sole discretion, to change the Terms under which www.chobaniangroup.com is offered. The most current version of the Terms will supersede all previous versions. CG encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

CG welcomes your questions or comments regarding the Terms:
Chobanian Group
75 East Santa Clara Street, Suite 1388, San Jose, California 95113

Email Address: hello@ChobanianGroup.com

Telephone number: 408.916.8859
Effective as of March 29, 2018