Terms of Service

1. GENERAL

This Website Terms of Use Agreement (“Agreement”) governs your access and use of the website
operated by Stormpulse, Inc., a Delaware corporation (‘Stormpulse,” “our,” “us,” or “we”) and
located at www.stormpulse.com (the “Website”). By accessing, browsing, and using this Website,
you agree that you have read, understood, and accept this Agreement. Please read it very carefully
and let us know if you have any questions. If you do not agree with any of the terms herein, do not
use the Website. This Agreement does not govern your use of any products or services offered by
Stormpulse from or in connection with the Website, or otherwise, which are subject to their own terms
of service. You must accept any terms and conditions relating to Stormpulse products and/or services
as a condition to receiving such products and/or services. Such terms will be presented to you in
connection with any such subscription.

2. GOVERNING LAW

THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF [TEXAS], WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.

3. USE OF THE WEBSITE

You may only use this Website for its intended purpose and solely in accordance with this Agreement.
In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The
Website may contain links to other Internet Websites and third-party resources. Stormpulse is not
responsible for either the availability of these outside resources or their content, including for any legal
services you may obtain by contacting any person as a result of use of the Website or the features
hereof. Stormpulse may, but is not obligated to, monitor your use of the Website.

4. INTELLECTUAL PROPERTY

The content of this Website is protected by law, including without limitation United States copyright
law, trademark law, and applicable international treaties. You are granted permission to display,
reproduce, distribute, and download the materials on this Website solely for your own personal, non-
commercial use, provided that none of the content is modified and all of Stormpulse’s legal legends
are retained. You may not “mirror” any content contained within this Website without the express prior
written consent of Stormpulse. Except as stated herein, none of the content may be reproduced,
distributed, published, displayed, downloaded, or transmitted in any form by any means without the
prior written permission of Stormpulse or the appropriate copyright owner. Stormpulse does not grant
you any licenses, express or implied, to the intellectual property of Stormpulse or its licensors except
as expressly stated in this Agreement.

5. TRANSMISSION OF CONTENT

Any material, information or ideas that you transmit to or post to or through this Website by any means
will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may
be used by Stormpulse for any purpose whatsoever. Notwithstanding the foregoing, all personal
information provided by you will be handled in accordance with Stormpulse’s Privacy Policy, which can
be found at [link.] You agree to the terms of such Privacy Policy by providing your personal information
to Stormpulse.

6. INTERNATIONAL USE

This Website is controlled and operated by Stormpulse from within the United States. Stormpulse
makes no representations that materials contained within the Website are appropriate or available
for use in other locations, and access to the Website from locations where such activity is illegal is
prohibited. Those who choose to use the Website from other locations do so on their own initiative and
are solely responsible for compliance with all applicable laws.

7. U.S. GOVERNMENT RESTRICTED RIGHTS

The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure
by the United States Government is subject to restrictions as set forth in applicable laws and
regulations.

8. LIMITATION OF LIABILITY

THE WEBSITE AND ITS CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.

IN NO EVENT SHALL STORMPULSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF
THE WEBSITE, EVEN IF STORMPULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
STORMPULSE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID BY YOU TO STORMPULSE FOR USE OF THE WEBSITE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.

9. MODIFICATIONS

This Agreement may be modified by Stormpulse at any time by updating and posting a new version on
the Website or by otherwise notifying you of the revised Agreement. By using the Website, you agree
to be bound by the terms and conditions of the version of this Agreement that is in force during such
use.

10. TERM AND TERMINATION

This Agreement is effective as of the date of your first access or use of the Website, and shall remain
in effect for the duration of your access or use. This Agreement shall automatically terminate upon
your breach of the Agreement.

11. GENERAL

The state or federal courts sitting in [Travis County, Texas] shall have exclusive jurisdiction and venue
over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction
of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any
trade usage or prior course of dealing not made a part of the Agreement by its express terms. The
invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this
Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if
need be, to apply to the maximum extent allowable under applicable law. The failure by either party to
enforce at any time any of the provisions of this Agreement, to exercise any election or option provided
herein, or to require at any time the performance of the other of any of the provisions herein will not
in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be
awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of
this Agreement. The section headings used herein are for convenience only and shall not be given any
legal import.