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Limited Viewership & NDA

LIMITED VIEWERSHIP AND NON-DISCLOSURE AGREEMENT THIS LIMITED VIEWERSHIP & NON-DISCLOSURE AGREEMENT (the “Agreement”) is entered into by and between Far From The Tree Press, LLC, a Pennsylvania limited liability company (“Disclosing Party”) and You, a paid subscriber of www.maxhawthorne.com (“Recipient”). You understand that the website contains video content (the “Content”) and that Your access to such Content is conditioned upon Your agreement to the terms set forth herein. Disclosing Party is the owner, creator, and rightsholder to the Content, including all intellectual property rights contained therein. The Disclosing Party has the exclusive right to reproduce the Content, prepare derivative works thereof, and distribute, license, rent, lease or transfer ownership of the Content.br>

Definition of Restricted Material. For purposes of this Agreement, “Restricted Material” means: (i) the Content; (ii) any other audio, visual, or digital work contained on, displayed by, or depicted at www.maxhawthorne.com (or any subdomain or related internet pathway thereof) that is accessible only after purchasing access to the Content; (iii) any literary works, or expressions or summaries of events or encounters involving stories, videos, posts, or other content contained on, displayed by, or depicted at www.maxhawthorne.com (or any subdomain or related internet pathway thereof) that is accessible after purchasing access to any material on the website; and (iv) any other information that should reasonably be recognized as confidential information of the Disclosing Party. Restricted Material need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Restricted Material. The Recipient acknowledges that the Restricted Material is proprietary to the Disclosing Party and has been developed and obtained through great efforts by the Disclosing Party. The Restricted Material need not be private to remain Restricted Material for purposes of this Agreement, and Recipient acknowledges that the Disclosing Party has the absolute right and authority to display, publish, or otherwise reproduce Restricted Material publicly without jeopardizing or modifying the Recipient’s obligations under this Agreement.

Limited Use of Restricted Material. The Recipient agrees not to use any Restricted Material in any manner whatsoever, including in any arguably transformative manner such as use of the Restricted Material for commentary, news, science, or education. Recipient acknowledges that it has purchased rights strictly limited to viewing the Restricted Material. The Restricted Material may only be viewed by the Recipient for non-commercial, entertainment purposes. Recipient must safeguard disclosure of the Restricted Material from others and agrees to take reasonable efforts to prevent others from viewing the Restricted Material without authorization from the Disclosing Party. Recipient explicitly agrees not to reproduce, share, post, capture, or otherwise disseminate the Restricted Material, including any portion or subset thereof, even if such reproduction is nominal, small, or de minimis. No other right or license, whether expressed or implied, in the Restricted Material is granted to the Recipient hereunder. Title to the Restricted Material will remain solely in the Disclosing Party.

Compelled Disclosure of Restricted Material. Notwithstanding anything in the foregoing to the contrary, the Recipient may disclose Restricted Material pursuant to any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method, provided that the Recipient promptly notifies, to the extent practicable, the Disclosing Party in writing of such demand for disclosure so that the Disclosing Party, at its sole expense, may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Restricted Material; provided in the case of a broad regulatory request with respect to the Recipient’s business (not targeted at Disclosing Party), the Recipient may promptly comply with such request provided the Recipient give (if permitted by such regulator) the Disclosing Party prompt notice of such disclosure. The Recipient agrees that it shall not oppose and shall cooperate with efforts by, to the extent practicable, the Disclosing Party with respect to any such request for a protective order or other relief. Notwithstanding the foregoing, if the Disclosing Party is unable to obtain or does not seek a protective order and the Recipient is legally requested or required to disclose such Restricted Material, disclosure of such Restricted Material may be made without liability.

Term. This Agreement shall remain in effect for a period of ten (10) years. Notwithstanding the foregoing, the parties’ duty to hold in confidence Restricted Material that was disclosed during the term shall remain in effect indefinitely.

Remedies. Both parties acknowledge that the Restricted Material is of a unique and valuable character, and that the unauthorized dissemination of the Restricted Material would destroy or diminish the value of such information. The damages to the Disclosing Party that would result from the unauthorized dissemination of the Restricted Material would be impossible to calculate. Therefore, both parties hereby agree that the Disclosing Party shall be entitled to injunctive relief preventing the dissemination of any Restricted Material in violation of the terms hereof. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or in equity. Given the difficulty of calculating the diminution in value of the Restricted Material resulting from a breach of these terms, the parties agree that such harm to the Disclosing Party is most analogous to the unlawful reproduction of a registered copyright under 17 U.S.C. § 504. Accordingly, the Recipient acknowledges that the Disclosing Party is entitled to the maximum statutory damages identified in 17 U.S.C. § 504 (c)(2), as may be updated or revised from time-to-time. Recipient agrees and intends for such damages to constitute compensation and not a penalty. The Disclosing Party shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief.

Notice of Breach. Recipient shall notify the Disclosing Party promptly upon discovery of any unauthorized use or disclosure of Restricted Material by Recipient, or any other breach of this Agreement by Recipient, and will cooperate with efforts by the Disclosing Party to help the Disclosing Party regain possession of Restricted Material and prevent its further unauthorized use.

Warranty. NO WARRANTIES ARE MADE BY EITHER PARTY UNDER THIS AGREEMENT WHATSOEVER. The parties understand that no representation or warranty as to the accuracy or completeness of the Restricted Material is being made by either party. The Disclosing Party shall not have any liability to the Recipient resulting from any use of the Restricted Material by Recipient.

Miscellaneous.

(a) This Agreement constitutes the entire understanding between the parties and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties, with respect to the subject matter hereof. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

(b) The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of Pennsylvania applicable to contracts made and to be wholly performed within such state, without giving effect to any conflict of laws provisions thereof. The Federal and state courts located in Washington County, Pennsylvania shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.

(c) Any failure by either party to enforce the other party’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.

(d) Although the restrictions contained in this Agreement are considered by the parties to be reasonable for the purpose of protecting the Restricted Material, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.

(f) Recipient may not directly or indirectly assign or transfer the rights or obligations of this Agreement by operation of law or otherwise without the prior written consent of the Disclosing Party. All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns and designees.

(g) The receipt of Restricted Material pursuant to this Agreement will not prevent or in any way limit either party from: (i) developing, making or marketing products or services that are or may be competitive with the products or services of the other; or (ii) providing products or services to others who compete with the other.

(h) Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

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PLEASE SCROLL DOWN AND READ THIS SUBSCRIPTION AGREEMENT BEFORE USING THE SERVICE.

This Agreement is also subject to, and incorporates by reference, our Terms of Service, our Privacy Policy, and the Limited Viewership & Non-Disclosure Agreement. We may update our Terms of Service or Privacy Policy at any time without any prior notice.

If you do not agree with the terms of this Agreement, your sole remedy is to cancel your subscription and stop using the Service, as described in further detail below. By continuing to use the Service, including your subscription, you agree to and accept the terms of this Agreement.

YOU MAY NOT ORDER OR SUBSCRIBE TO THE SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US.

This Subscription Agreement (this “Agreement”) governs your use of all digital products and services (the “Service”) provided by Far From The Tree Press, LLC (“we”, “use”, “our”) at www.maxhawthorne.com.

As an individual subscriber, your subscription will provide access to the Service starting on the date specified therein. You will be able to access the Service solely through your own credentials (e.g., an [EMAIL ADDRESS or USERNAME] and password), which you agree not to share with others, and only for as long as you are a subscriber.
By subscribing to your preferred subscription tier via the purchase confirmation link, you represent and warrant that you agree to be bound by the terms of this Agreement for the Service. If you do not agree to be bound by the terms of this Agreement, you should not purchase a subscription.

1. Your Account
If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your billing and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old email address shall be deemed sufficient notice.

2. Fees, Payments, and Auto-Renewal
In order to subscribe to the Service, you must create an account and provide a current, valid, accepted method of payment, such as a credit card. Content may be accessed per specific instance of Content for a limited access fee or all Content may be accessed for a monthly subscription fee. We will bill the monthly subscription fee and/or any one-time limited access fees to your chosen method of payment through your chosen payment service. If you sign up for a monthly subscription on an automatically renewing basis, as indicated when you sign up, your payment will automatically renew at the end of each subscription period, unless you cancel your subscription before the end of the current subscription period. ALL AMOUNTS PAID ARE NON-REFUNDABLE, WHICH MEANS THAT ALTHOUGH YOU CAN DISCONTINUE AUTO-RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME (IF APPLICABLE), YOU WILL NOT RECEIVE A PRO-RATA RETURN OF ANY FEES THAT YOU HAVE ALREADY PAID. You will continue to have access to content until the end of your current subscription period, and the cancellation will take effect the day after the last day of your current subscription period. We may change the price for subscriptions from time to time and, if we do, subscribers will receive notice from us of any price increase prior to such increases taking effect. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you may unsubscribe from the Service prior to the price change going into effect. We may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice. In no event will we be responsible for refunding any prepaid fees. While subscriptions to access the Content are available on the basis of a month-to-month subscription, We make no warranty that Content will be posted on a monthly basis, nor do we make any warranties or assurances as to the schedule of Content. Any outlines of Content schedules are not an express warranty on the part of us, and we make no promises regarding the release of new Content.

3. Cancellation and Renewal
This Agreement shall remain in full force and effect while you use the Service and your subscription will renew automatically until it is cancelled in accordance with this Section.
For all automatically renewing subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. If you do not sign up for an automatically renewing subscription, or do not otherwise extend your subscription period, your subscription will terminate on the date set forth when you signed up.
To cancel an automatically renewing subscription prior to its renewal, if applicable, follow the option on Your Membership page. You may also cancel your www.maxhawthorne.com subscription by contacting us at manager@farfromthetreepress.com.

4. Limitations on Use
Only one individual may access a Service at the same time using the same username or password, unless we agree otherwise. Each user must have their own username and password, or if other log-in credentials are made available, their own unique log-in credential not to be shared.

6. General
This Agreement, along with the Terms of Use, Privacy Policy, and Limited Viewership & Non-Disclosure Agreement, contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change the Service, or its availability to you, at any time. We may change the terms of this Agreement at any time, and we will inform you of material changes by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). By using the Service after changes are made to this Agreement you signify that you agree to be bound by such changes. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. In no event shall we be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. We do not guarantee the uptime of the Service. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and Pennsylvania governing contracts to be wholly entered into and performed within Pennsylvania. The courts sitting in the State of Pennsylvania, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.

Limited Viewership & NDA

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