Terms and Conditions of use

Effective March 1, 2016

Match MG (“Us”, “We” or “Our”) welcomes you (“You” or “Your”) to Our website (“Site”) and the Beard-a-thon® Promotion (“Service”). You will find below the terms and conditions which You must accept before (and while) You use the Service.

  1. Acceptance of Terms.

    By accessing, browsing and/or using the Service, You hereby acknowledge that You have read, understood, and agreed to be bound to these Terms and Conditions of Use (“User Agreement”) and agree to comply with all U.S Laws and Regulations. The Site and Service are offered to You by Us as a convenience, at no charge, and for Your information only, with the express condition that You agree to be bound by the terms and conditions set forth in this User Agreement. We reserve the right to change these terms and conditions at any time, without notice to You, and You are advised to review this User Agreement and the Privacy Policy periodically to consult the most recent version of this User Agreement. Use of the Site and/or the Service constitutes Your acceptance of all of the following terms and conditions, in their current form or as modified. Additionally, You will be subject to additional terms and conditions, including, but not limited to the terms and conditions, which relate to other services We may offer to You from time to time (“Other Policies”).

  2. Description of Services.

    We provide access to the Service, which includes the online promotion known as the “Beard-A-thon®” and payment and administrative services. We assume no responsibility or liability for the timeliness, deletion, and failure of delivery or failure to store any of Your communications, personalization data, or settings. All such risks shall fall under the responsibility of You.

  3. Your Rights to Use the Service.

    You acknowledge and agree that the Service contains proprietary and confidential information that is Our property and/or property of Our licensors and is protected by laws. Subject to this User Agreement, We grant to You a non-exclusive, non-transferable, terminable license to use the Service, including the Site. You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than the interfaces that We provide to You. You are expressly prohibited from sublicensing the Service to any third party or permitting any Person other than You to use the Service. We do not guarantee the accuracy, integrity or the usefulness of the Content available via the Service.

  4. Privacy Policy.

    As a condition to using the Service, You agree to the terms of Our privacy policy (“Privacy Policy”). Information collected about You by the Service is subject to Our Privacy Policy, which may be updated from time to time without notice to You and is hereby incorporated by reference. The most current version of the Privacy Policy may be found at www.beardathon.com under Privacy Policy.

  5. Registered User Account, Password, and Security

    You may register and create a personal account profile to provide more personalized information. You are responsible for maintaining the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your account. We do not retain liability or responsibility for such use. Our server uses Secure Socket Layer (SSL) encryption to protect credit card and other information submitted via the forms on this site. SSL is the industry standard security protocol. All off-line information is securely stored and is accessible only by authorized staff. We maintain this Site is PCI compliant. As a registered User of the Services, you agree to receive notice of any Beard-a-thon sponsored awards, or prizes, and authorize Beard-a-thon, partners, and or sponsors the right to publish name, image or likeness, and city address in any medium, perpetually and without obligation of compensation in any manner.

  6. General Practices Regarding Use and Storage

    You acknowledge that We may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that email messages, message board postings or other uploaded content is retained by the Site; the maximum number of emails that can be sent or received by an account; the maximum disk space allotted on servers for an account; and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that We have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Our servers. You acknowledge We have the right to log off accounts that are inactive for an extended period of time. You further acknowledge that We reserve the right to change these general practices at any time with or without notice.

  7. Registered User Conduct.

    You understand that all information, data, text, photographs, graphics, messages, or other materials ("Content") publicly posted is the sole responsibility of the person from which such content originated. This means that You, and not Us, bear all risks and liabilities for all Content that You upload, post, email, transmit or otherwise make available via the service. You agree to not use the service to:

    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same note more than once can be considered "spam" or "spamming");

    • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    • impersonate any person or entity, including, but not limited to, any of Our employees, and/or Our related entities, affiliate, Sponsor, official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    • disrupt the normal flow of dialogue, if applicable, and cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    • intentionally or unintentionally violate any applicable local, state, national or international law;

    • "stalk" or otherwise harass another; or

    • harvest or otherwise collect or store personal data about other users.

    You acknowledge that We and Our designees shall have the right (but not the obligation) in Our sole discretion to refuse, move, edit or delete any Content that is available via the Service. We and Our designees shall have the right to remove any Content regardless of whether such communication(s) violate this User Agreement. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.

    You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.

  8. User Submissions.

    By submitting communications or content, including account sign up, to any part of the Service where such content would be viewable by the public (e.g., posting on a public forum/bulletin board or public chat or other public communication), You agree that such submission is non-confidential for all purposes. You grant or warrant that the owner of such content has expressly granted Us a royalty-free, perpetual, irrevocable, world-wide non exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

    You shall not post links to external content, including websites, on the Site without Our express written consent. For more information or permission for linking, please send all inquiries to support@beardathon.com

    Content and Obligations.

  9. You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate Your use of the Service or any portion thereof.

    You understand and agree that You will provide to Us, and We will provide to You certain information, some of which may be considered to be confidential information. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be disclosed to any third party without the prior written consent of the party disclosing the confidential information. We agree to protect Your confidential information in the same manner We protect the confidentiality of similar information and data of Our own, and at all times We will exercise no less than a reasonable degree of care. Similarly, You agree to protect Our confidential information in the same manner You protect the confidentiality of similar information and data of Your own, and at all times, You will exercise no less than a reasonable degree of care. Items will not be deemed to be confidential information: (i) if they are available to the public, (ii) if they are rightfully received from a third party who is not in breach of any obligation of confidentiality to You or Us, as applicable, (iii) if they are independently developed by You or Us without use of the confidential information; (iv) if they are known to You or Us at the time they are disclosed (other than under a separate confidentiality obligation); or (v) if they are produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of the same.

    You authorize Us to: (1) disclose the master username and master password that is used to access Your data in the Service to those persons to whom You have authorized Us in writing to disclose to; and (2) send electronic and other transmissions (pursuant to any additional oral or written instructions that You may give to Us from time to time) of any current and future data that is loaded into the Service (the “Electronic Transmissions”) to those persons to whom You have authorized Us in writing to disclose to.

  10. Access and Security.

    You are responsible for: (a) the security of the Service We provide to You, including, but not limited to Your access and You are responsible for all activities that occur under the Service; (b) any act or omission by You relating to access to and use of the Service; and (c) implementing security and other policies and procedures necessary to limit access to the Service, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by Us or created as part of the Service. You agree to immediately notify Us of any attempted or actual unauthorized access or use of the Service and/or any other breaches of security. You acknowledge and agree that We will not be liable, directly or indirectly, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

    You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Service. You expressly consent to Our interception and storage of electronic communications and/or Your data, and You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Us. You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that We are not responsible for any electronic communication and/or Your data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Us.

  11. Email.

    Periodically Beard-A-thon sends out informational emails relating to the services and by participating in the program you agree to accept these emails. In no way will Beard-A-thon ever solicit personal data through these emails. In the event you receive a suspicious email requesting personal data from the services, please do not respond to it and forward to support@beardathon.com. The security and privacy of our users is of utmost importance to us, and with your help we can continue to monitor and protect against phishing and other online scams.

  12. Service Termination.

    You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Service at anytime without notice to You and that We will not be liable to You or to any third party for doing so. Additionally, You understand and agree that We may, without notice to You, access, preserve, and disclose Your Content if required to do so by law, or if, in Our reasonable judgment such is reasonably necessary to: (a) comply with Your requests for assistance with the Service, (b) comply with legal process, or (c) address claims from third parties that Your Content violates their rights.

    You agree that We, in Our sole discretion, may terminate Your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if We believe that You have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of Your access may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar further access to such files or the service. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Service. Upon termination, We will have no further obligation to grant You any access to or use of the Service.

  13. Links and Dealings with Outside Parties.

    We have no control over any links or other resources available to You via the Service and Your interaction with and third parties via the Service are solely between You and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.

    You acknowledge that the opinions and recommendations contained in the Site are not necessarily Ours or endorsed by Us, or Our sponsors, business affiliates, or related parties. We may provide links on the Site to other websites which are not under Our control. In general, any website which has an address (or URL) which does not contain "beardathon.com" is such a website. These links are provided for convenience and reference only and are not intended as an endorsement by Us of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

  14. Representations and Warranties.

    You represent and warrant that:

    • All of the information You provide to Us is correct;

    • You have all necessary right, power and authority to enter into this agreement and to perform the acts required of You under this agreement;

    • You own or otherwise have the right to use, post, and disclose Your Content on the Service and that the use of such Content will not infringe or violate any of the rights of any third party pursuant to applicable laws (and hereby grant to Us the right to use, reproduce, display, perform, adapt, modify, distribute and have Your Content distributed);

    • You will not harasses or causes distress or inconvenience to any person via the transmission of obscene or offensive Content;

    • You will not disrupt the normal flow of any access to, or use of, the Service;

    • You agree to comply with all local rules regarding online conduct and acceptable Content;

    • You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside; and

    • If You authorize an online donation, You are of the age of majority in the jurisdiction in which You reside and that You are the cardholder of the credit card used in the transaction.

  15. DISCLAIMER OF WARRANTIES.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

    • WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE TIMELY, SECURE OR ERROR-FREE OR OPERATE IN AN UNINTERRUPTED FASHION; (iii) ANYTHING GENERATED BY OR OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS WILL BE CORRECTED; AND

    • ANY MATERIALS OBTAINED VIA THE SERVICE SHALL BE SOLELY AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SERVICE.

  16. LIMITATION OF LIABILITY.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE EXCEEDING THE AMOUNTS PAID BY YOU FOR THE SERVICE (ALL DAMAGES RELATING TO PRODUCTS OFFERED TO YOU THROUGH THE SERVICE SHALL BE GOVERNED BY THEIR OWN TERMS AND CONDITIONS OF SALE).

  17. EXCLUSIONS AND LIMITATIONS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS AND ABOVE MAY NOT APPLY TO YOU.

  18. Indemnification.

    You agree that You will indemnify, defend and hold harmless Us and Our sponsors, business affiliates, subsidiaries, agents, officers, directors, employees, and volunteers from all claims arising out of or related to Your access or use of, or Your inability to access or use, this Site or the information contained in this Site or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Site or another website to which it is linked that appear to You or are construed by You to be obscene, offensive, defamatory, or that infringe upon Your intellectual property rights. In no event will We or the contributors of information to the Site be liable to You or anyone else for any decision made or action taken by You in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

  19. Copyright Dispute Policy.

    We are dedicated to operating in accordance with the U.S. Copyright Law and ask You to comply as well. The Digital Millennium Copyright Act of 1998 ("DMCA") provides owners of copyrighted material who suspect that their rights under U.S. Copyright Law have been violated with certain remedies. One such remedy is contacting the Internet service provider’s designated agent to report suspected infringements that appear on Web pages hosted by that Internet service provider.

    If We receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA (discussed below), We may remove or prohibit access to such materials. However, You may submit to Us a counter-notice if You believe such notice of suspected copyright infringement was mistakenly filed.

    We advise You to seek legal counsel if: (i) You believe Your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against You. We will not be involved as a party to disputes over alleged copyright infringement and You agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) We incur arising out of or related to any alleged or actual infringement involving You.

    We reserve the right to terminate Your account or remove any content if We, in our sole discretion, believe the DMCA notification meets the criteria listed below.

    Notification of Claimed Copyright Infringement

    If You believe Your copyrights have been infringed because of material appearing on a web page We host, You must file Your claim of infringement with Our designated agent via mail at the address below.

    By Mail: Beard-A-thon, 199 Scott Street, Buffalo, New York, 14204

    Alternatively, You may email Us with Your complaint of claimed infringement.

    By Email: support@beardathon.com

    You must provide the following information in Your written complaint to us in order for it to be valid under the DMCA:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

    • 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.

    • 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.

    • 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.

    • 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.

    Elements 1-6 above are taken directly from 17 U.S.C. 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification.

    Please note: Misrepresentations and false accusations of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys fees.

    Counter-notification response to Claims of Copyright Infringement

    You may file a counter-notification with Our designated agent. All such responses must be submitted to the address listed above in this section and must contain the following:

    • A physical or electronic signature of the subscriber.

    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

    • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

    • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

    Elements 1-4 above are taken directly from 17 U.S.C. 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid notification.

    Please note: Misrepresentations and false responses to claims of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys fees.

    As provided by the DMCA, after receipt of a valid counter-notification, We may restore or re-enable access to removed material.

    Other Violations

    Please contact us at any of the above addresses to report any other actual or potential violation of the Terms.

  20. Donations.

    Beardathon.com is an annual promotion operated with the express intent to raise awareness and donated funds for the charities chosen by participating hockey clubs during the annual hockey playoffs. Depending on the tax exempt status of the nominated charities of the NHL hockey clubs, donations made by You via the Service, collected on behalf of those same charities may be exempt from federal income taxes under Section 501(C)(3) of the U.S. Internal Revenue Code and be considered tax-deductible to the full extent provided by law. Please consult Your financial planner or tax adviser when determining the exact tax advantages of any donation You are considering. All donations are final and nonrefundable. The name that will appear on your credit card statement will show as BEARD-A-THON, or some abbreviated version. We will provide a receipt for all online donations that can be used to determine any potential tax deduction. If You need a copy of the receipt, or need a receipt for Your annual giving, please call 1-877-728-2888.

  21. GENERAL INFORMATION.

    • All rights reserved. Unless otherwise indicated, all information contained on this Site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to Match MG, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Site. The user may also make a single copy of the Content displayed on any page of the Site to be used by the user for personal and noncommercial uses which do not harm Our reputation, or that of Our sponsors or business affiliates, and/or their respective licensors, provided that the user does not remove any trademarks, copyright and any other notice contained in such content. All software used on the Site is Our property or Our licensors and is subject to U.S. and international copyright laws.

    • Beardathon.com is a registered promotion of Match MG.

    • This constitutes the entire agreement between Us and You and governs Your use of the Service and supersedes any prior agreements between Us and You with respect to the Service.

    • Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.

    • The Terms and Other Policies will be governed by and construed in accordance with the laws of New York, without effect to its conflict of laws provisions. Any claims or legal proceeding arising out of or related to the Service will be brought solely in the United States District Court for the Western District of New York, sitting in Buffalo, New York, and You hereby consent to the jurisdiction of such courts.

    • We make no representation that materials on the Site are appropriate or available for use in any particular location, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

    • Our failure to exercise or enforce any right or provision of the Terms or Other Policies shall not constitute a waiver of the right or provision. If any provision of the Terms or Other Policies is found by a court of competent jurisdiction to be invalid, then You agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Other Policies remain in full force and effect.

    • 000161/01237 Business 6686674v1

      Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.