Version: July 2018

By using the BarTek Inc. website (“BarTek”), you agree to be bound by these BarTek Terms of Use (“Terms of Use”). BarTek is owned by Flint Blake McNamara & Melbo (“Blake Consulting”).

1. Support, Downtime & Availability

Blake Consulting will use commercially reasonable efforts to make BarTek available at all times except for planned downtime, maintenance, and unavailability caused by circumstances beyond Blake Consulting’s reasonable control, including (without limitation): acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of BarTek.

2. Intellectual Property

Your use of BarTek involves Blake Consulting’s intellectual property, and these Terms of Use govern your use of that intellectual property. You acknowledge and agree that Blake Consulting is the sole and exclusive owner of BarTek itself, as well as the BarTek exercise and other content made available on BarTek (and their accompanying intellectual property rights). Blake Consulting reserves all rights, title, and interest in and to BarTek and the BarTek exercise and other content listed on BarTek, including all intellectual property rights. You agree not to infringe any of Blake Consulting’s intellectual property rights in any BarTek exercise. You may not alter or modify the BarTek exercise, or reproduce or distribute the BarTek exercise in any manner not specifically contemplated by these Terms of Use. You may not rent, lease, resell, redistribute (for any use or for profit), or otherwise commercially exploit any BarTek exercise, and you may not prepare derivative works based on the BarTek exercise.

You agree to defend and indemnify Blake Consulting, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys’ fees) arising out of or in connection with any actual or alleged breach of these Terms of Use, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms of Use.

IN NO EVENT SHALL BLAKE CONSULTING HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT BLAKE CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

BARTEK EXERCISE IS PROVIDED “AS-IS.” BLAKE CONSULTING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE EXERCISE, INCLUDING ANY REPRESENTATION THAT THE EXERCISE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BLAKE CONSULTING DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE

These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties; the parties are independent contractors. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under this Agreement shall be in writing. Notices to Blake Consulting shall be addressed to the attention of its General Counsel. All notices to you shall be addressed to the most recent contact information associated with your BarTek account. No failure or delay by Blake Consulting in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, Blake Consulting’s remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of Blake Consulting. These Terms of use, and any disputes arising out of or related to these Terms of Use, shall be governed exclusively by the internal laws of the State of Minnesota, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. These Terms of Use constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Any provisions of these Terms of Use by their nature shall survive any termination or expiration of these Terms of Use. Blake Consulting may modify these Terms of Use at any time by providing written notice to you via Blake Consulting.