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About

Organtik Inc. is a community focused on vision exploration, collaboration, scoping and creation.

Founded in 2017, Organtik seeks enable community discourse, group scoping, and concrete deliverables at a known cost of your amazing ideas. These have traditionally been delivered by consultancies, contractors or teams with with pre internet era models of execution.

Once a member, you or your business are enabled to both commission works and deliver within structured teams that are established based on expertise, collaboration, availbaility and the desire to execute on your vision.

Currently membership and clientele are invite only through referals. For compliance, privacy, regulatory, investor or vendor communication please refer to the contact section.

Contact and Support

Membership

Membership is currently invite only. If interested in becoming a member, please reach out to your referring member to contact us for an invite with your name and current email address.

Member support - [email protected]

Members, please utilize the platform and Slack for immediate support. If you are unable to access your account, please email [email protected] with the account in question and any issue details available.

Compliance, security or privacy questions and concerns - [email protected]

For compliance requests, security notices, suspected vulnerabilities of the platform or fraud on your account, etc., please reach out to [email protected].

Business partners and investors - [email protected]

Vendor follow ups, partnership needs, sponsorship requests or information regarding our investor relations please email [email protected].

Non-Profit & Community - [email protected]

It is our goal at Organtik to enable solutions and the ability to work on them as seamlessly to everyone possible. We work with multiple groups of underserved communities to present opportunties. For information about these programs or needs by our current partners, please reach out to [email protected].

Our Commitment to Privacy

Last updated: 2019-04-02

Organtik (“Organtik”, “we”, “us”, and “our”) has a firm commitment to protect your privacy. This Privacy Statement (“Privacy Statement”) discloses our policies regarding information we obtain from you (“you” and “your”) and other third party users (“Users”) and how we collect, store, use, and limit and protect the uses to which that information is put when you access and use the products and services (“Services”) made available through our websites, including, but not limited to www.organtik.com (“Site”).

We are committed to building Users’ trust and confidence in the Internet by promoting the principles of disclosure and informed consent. Accordingly, we wish to notify you about:

What information is collected from you through the Site. How that information may be used, including with whom it may be shared. Choices you have about collection, use and distribution of your information. How you can access, update or delete your information. Security precautions regarding loss, misuse or alteration of your information. These policies apply only to the Site, which consists solely of those web pages we control. You should determine what privacy policies apply to other web sites before providing information to them.

By using the Services, you agree this Privacy Statement, the Terms and Conditions, and consent to the collection and use of information by us as set forth in this Privacy Statement. You understand that we may process, transfer, and store your Personal Information (defined below) in the United States and elsewhere as permitted by law. If you do not agree to any of the provisions of this Privacy Statement, do not use the Services.

If you have questions or concerns regarding these policies, or any other aspect of the Site or your use of it, please contact us by e-mail at: [email protected].

Linked Sites and Third Party Processors

This Privacy Statement does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Site contains a link, including, without limitation, our clients (“Client(s)”), third party advisors (“Advisor(s)”), Amazon Web Services, Microsoft Azure, Google Analytics and any third party (“Linked Site(s)”) or who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through, the Site as further detailed herein, including, without limitation Slack, Salesforce, Microsoft, Stripe, Google, Inc. (“Third Party Processor(s)”). The Site may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Site, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited our Site. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on our Site, the social media plug-in allows that social media website to receive information that you have visited our Site. The social media plug-in also allows the social media website to share information about your activities on our Site with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. We recommend that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information. In addition, the inclusion of a link on out Site does not imply endorsement of, or affiliation with, the Linked Site by us. Please note that the Site may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with the Site) certain information directly to third parties. Such information is submitted by you directly to such third parties; this Privacy Statement does not apply to any Personal Information submitted by you to third parties.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE COMPANY AND EACH OF THE OTHER COMPANY PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO THE DATA COLLECTION, STORAGE, USE, AND SHARING OF YOUR OR ANY THIRD PARTY’S PERSONAL INFORMATION OR ANONYMOUS INFORMATION BY ANY THIRD PARTY PROCESSOR. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

The Site is controlled and operated from the United States; accordingly, this Privacy Statement, and our collection, use and disclosure of your Personal Information is governed by U.S. law, and the Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Children Under the Age of 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or via the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via the Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will take corrective action as required by the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we might have collected children’s Personal Information in a manner not permitted by COPPA, please contact us by sending an email to [email protected] with “LEGAL: COPPA” in the subject line, and we will take corrective action required by COPPA.

Terms and Conditions

Below are the base Terms and Conditions. Members are required to explicitly accept a version of these terms modified by partner contracts or explicit agreements. Please refer to your e-Signed member agreement for specific details regarding your membership terms.

Last Updated: 2019-04-02

The Organtik community and marketplace (together with associated products and services, the "Site"). This Organtik Member & Customer Participation Agreement (the "Agreement") is a binding agreement between you and Organtik, Inc. ("Organtik") regarding your access to and use of the Site. Organtik and its affiliates ("we", "us", or "our") provide the Site to you subject to this Agreement. This Agreement consists of the terms and conditions below, and incorporates:

By accessing (including by automated means) authenticated materials, registering for the Site, or electronically signing, you accept this Agreement and represent that you are at least 18 years old and have authority to bind yourself or the company you represent to this Agreement. Please read this Agreement carefully.

The Site provides a social platform where individuals can collaborate with one another and participate in online discussions based on their interests and areas of expertise. The Site also provides a marketplace to connect customers (for example, consultants, entrepreneurs, businesses) who wish to pay for services, with implementers who can complete specialized tasks based on their skills and experience. The Site uses proprietary algorithms to match clients and implementers, and serves as a specialized project management interface and secure payments platform, to ensure that projects are completed efficiently.

Participants can collaborate via the platform to discuss the ideal approach to a particular project (“Project”), break the project down into actionable “Cards”, and estimate the time to complete each Card and the Project as a whole. For purposes of this Agreement, "Deliverables" means any asset that a Site participant requests or creates on or through the Site. Site participants who create or participate in discussions regarding Deliverables are "Members". Site participants who create Projects and request Deliverables are "Customers". Site participants may be both a Customer and Member, and are collectively referred to as “Users”. A Customer will accept each Card, and greenlight its implementation. Cards are assigned to a project via our proprietary algorithm. Project teams will consist of an engagement manager, project advocate, implementor, and quality assurance. The project team works together via the platform to complete each Card to its specifications, and Customer acceptance of the work triggers payment to the Members on the project team. 1. Registration. a. Registration. When you register for the Site, you must provide complete and accurate information and ensure that the information you provide (as well as any additional information we may require to, among other things, verify your identity) continues to be up-to-date at all times. This information must also be provided to our third-party payment processor. In order to become a Member and or Customer, your registration must be authenticated. Authentication allows you access to the Site under a single account. You may not use multiple Site accounts. The name associated with your Site account must not suggest any affiliation with us or any other person or entity without their authorization. b. Passwords and Account Use. You are solely responsible for maintaining the secrecy and security of your password, and any use or action taken under your account. If your password is compromised, you must change your password. You shall not permit any other person or entity to request or perform Deliverables using your account. If you believe there is an error or unauthorized transaction or activity associated with your account, contact us immediately. Customers may assign other Customers and Members to act on behalf of yourself on a Project or Card that you own. 2. Organtik's Role. The Site is a platform for Customers and Members to conduct transactions and to discuss the details of those transactions. Unless we are participating on the Site as a Customer, we are not involved in the transactions, and have no control over the quality, safety, or legality of Deliverables or consideration for Deliverables, the ability of Members to create Deliverables to Customers' satisfaction, or the ability of Customers to pay for Deliverables. We are not responsible for the actions of any Customer or Member. Customers and Members are required to accept this Agreement. The Customer may require additional agreements on a Project or Card basis for Members to accept in order to participate on a Project. Your use of the Site is at your own risk. Because we are not a party to the transactions between Members and Customers, we are not responsible for resolving any disputes between participants related to any Deliverables or any transaction. If you do become aware of a participant violating this Agreement or otherwise disrupting the operation of the Site, you may report that to [email protected]. 3. Your Use of the Site. a. User. As a User: (i) you shall interact with other Users in a professional and courteous manner, and accurately describe your skills, experience, qualifications, and Deliverables; (ii) you shall only use the Site for business, commercial, or research purposes; (iii) you shall not have Members perform Deliverables through venues other than the Site (unless expressly permitted by us in a policy posted on the Site); (iv) payment will be deducted from the Customer’s account balance and remitted to Members at time of approval of a Card’s completion; (v) payment is not refundable; (vi) Customers shall not reject Deliverables performed by Members without good cause; (vii) in addition to payment to Members, Customers will be charged fees for your Deliverables in accordance with our pricing page; and (viii) if your account balance does not contain sufficient funds to cover payment to Members and our fees, you shall promptly pay us any outstanding amounts owed. Our pricing may vary in the future. You agree to pay the fees posted on the Site. b. Ownership of Deliverables. All ownership rights in Deliverables, including all intellectual property rights, will vest with the Customer immediately upon approval by Customer of those Deliverables, and Members who participate in creating the Deliverable waive all moral or other proprietary rights in the Deliverable. To the extent any ownership rights do not vest in the Customer under applicable law (without the right to any compensation), all interest, including all intellectual property rights, in that work product to that Customer are assigned and granted to that Customer. c. Independent Contractor. Members perform Deliverables for Customers in their capacity as independent contractors and not as employees of a Customer or Organtik. As a Customer, you will not engage a Member in any way that may jeopardize that Member's status as an independent contractor performing Deliverables for you. d. Site Access. Your right to use the Site is limited to you personally, and you are only authorized to use it in connection with requesting and discussing Deliverables. You may not use the Site for any other purposes or in any way that: (i) is unlawful; (ii) harms Organtik (e.g., to support any competing marketplace), or its customers, suppliers or other parties, as determined in our sole discretion; (iii) violates this Agreement; or (iv) could damage, disable, overburden, or impair the Site (or any network(s) connected to the Site), interferes with any other party's use of the Site, or otherwise undermines the integrity of the Site or any of its features. e. Feedback; Materials You Post or Provide. We may implement mechanisms allowing us and others to track your requests for, or your performance of, Deliverables and rate your performance as a Customer or Member, and we reserve the right to collect that feedback related to you and to post that feedback on the Site. The Deliverable content that you upload and work product that you receive via the Site may be retained and used to improve the Site and other machine-learning related products and services offered by us. For any other information and materials you post or otherwise provide to us related to the Site, including scripts, browser plugins and extensions, or other programs for use on the Site (each, a "Submission"), you grant us a non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to (i) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, in connection with operating and improving the Site, and (ii) sublicense these rights. We will not pay you for your Submission, and may remove your Submission at any time. For each Submission you provide, you represent that you have all rights necessary for you to grant us the rights provided in this section. f. Developer Materials We Post or Provide. We may make available certain software, software development kits, libraries, application programming interfaces, services, documentation, sample code, and related materials and information for use in connection with the Site (collectively, the "Developer Materials"). We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Developer Materials solely in connection with your permitted use of the Site. Except as provided in this section, you obtain no rights under this Agreement from us or our licensors to the Developer Materials, including any related intellectual property rights. If you provide feedback about the Developer Materials, we will be free to exercise all rights in that feedback without restriction and without compensating you. Some Developer Materials may be provided to you under a separate license, such as the Apache Software License. You may not export, re-export, or transmit any Developer Materials to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, U.S. Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to that Developer Material. The Developer Materials are Organtik Software (as defined in the Conditions of Use). g. Preview Tests. We may offer access to confidential, preview, beta, or similarly designated prerelease versions of Developer Materials or Site features, technologies, or services for evaluation and testing purposes (collectively, "Preview Tests"). If you participate in a Preview Test that we designate as confidential, you will keep all information about that Preview Test and your participation confidential until we give you authorization that you may disclose this information. You also agree that: (i) the preview materials are works in progress and may contain bugs, errors, or other defects; (ii) participating in Preview Tests is at your own risk and we are not liable for loss of data or other damage caused by Preview Tests; (iii) you will comply with all policies and guidelines related to Preview Tests made available to you; (iv) we may add or modify restrictions related to access to or use of the preview materials, or suspend or terminate participation in Preview Tests, at any time; (v) if you provide us with any feedback related to Preview Tests, we will be entitled to use that feedback without restriction; (vi) you will not provide your Preview Test access to any other person; and (vii) we have no obligation to make preview materials generally available. 4. Payment Processing Service. Organtik may use one or more third parties to process payments, disbursements, and related transactions on the Site (the "Payment Processing Service"). All payments made by Customers to Members for Deliverables must be made through the Site, using our Payment Processing Service. All information provided to the Payment Processing Service must be correct and kept up to date. The Payment Processing Service will request information based on legal, compliance and tax tiers governing identity and payments only. Not providing the necessary information will result in a suspension of your access to the Site. a. Prepaid Deliverable Credits. Customers must prepay for Deliverables they request ("Prepaid Deliverable Credits"). The amount of Prepaid Deliverable Credits you purchase must be at least equal to the total amount that will be owed to Members upon completion and acceptance of any Deliverables you request, plus any fees payable to us for those Deliverables. If Prepaid Deliverable Credits are purchased with proceeds from a bank account, those credits may not be immediately available for use after purchase. Prepaid Deliverable Credits must be redeemed through the Site, and may only be used by Customers to pay for Deliverables performed by Members and our fees. When purchased, Prepaid Deliverable Credits are credited to a Customer's Organtik account balance. Subject to Section 4(f) below, Prepaid Deliverable Credits do not expire and, unless already owed to Members for approved Deliverables, may be refunded only to the payment method used to originally purchase the Prepaid Deliverable Credits. Prepaid Deliverable Credits cannot be transferred for value or redeemed for cash, resold, or applied to another account. b. Disbursement by Members. We may enable Members to disburse funds in their Organtik account to a Stripe balance. We reserve the right to disable, supplement, or modify the disbursement options available to Members in certain geographies at any time. For more information on the disbursement options currently available, please refer to our FAQs. Any conversion from U.S. currency to the currency of the country in which your ACH-enabled bank account is located will take place at the exchange rate received by us from our service provider at the time the disbursement is initiated, and may include additional fees and charges we incur for the currency conversion. Funds will only be disbursed in compliance with this Agreement, and applicable laws and regulations. Members may not share an ACH-enabled bank account. We reserve the right to require additional information to verify your identity or your ACH-enabled account in addition to the payment provider. c. Authorizations. You authorize us, and third-party service providers or agents acting on our behalf, to hold, receive, and disburse funds in accordance with your payment instructions. Your authorization permits us to (i) debit or credit your ACH-enabled bank account (including by generating a paper draft or an electronic funds transfer), or your Organtik account; (ii) transfer, disburse, or process other payment transactions associated with Deliverables; (iii) settle payment for any fees that may be charged under this Agreement; and (iv) make, directly or through third parties, inquiries to validate information that you provide to us. If there is an error in the processing of any transaction described above, you authorize us to debit or credit your ACHenabled bank account, or your Organtik account, as applicable, to correct the error. If we are unable to debit your ACH-enabled bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other ACH-enabled bank account or payment instrument that you have on file with us. Your authorizations will remain in full force and effect while you maintain your Organtik account with us and for any ACH-enabled bank account you provide. d. Limitations. Your Organtik account may be subject to certain transaction limits, which may affect your ability to make or receive payments or to withdraw funds. Any limits may be modified at any time. These limits may be affected by several factors, including, without limitation, our assessment of the risk associated with your account, the amount of pending or potential chargebacks, the information you provide, our ability to verify your account information, and requirements of law. In addition to account limits, we may restrict transactions to or from your account or limit access to funds in your account in an amount and for a period of time we deem necessary to protect us or others if (a) we are subject to financial risk; (b) you have violated any term of this Agreement; (c) you have pending chargebacks or you may have chargebacks; (d) any dispute exists involving your account, or Deliverables requested or performed in connection with your account; (e) needed to protect the security of our systems; (f) we suspect any unauthorized, fraudulent, suspicious, abusive, or unlawful activities; or (g) required by law or court order or if otherwise requested by law enforcement or any governmental entity. Other than a credit to a Member's account for Deliverables performed by that Member, amounts held in your account cannot be transferred to other Customers or Members. e. Limited Payment Processing Role; No Liability for Transactions or Delays. We are not a bank and do not offer banking services. Except for our limited role in providing the Payment Processing Service, we are not involved in any underlying transactions between Site participants (unless we are participating on the Site as a Customer). We do not guarantee payment on behalf of any Customer. In addition, to the fullest extent permitted by applicable law, we will not be liable for any failure, delay, or damages arising out of the Payment Processing Service, or any transactions entered into through the Site. f. Account History and Balances; Dormant Accounts. You may view your Organtik account activity on the Site. You will not receive interest or any other earnings on your account balance. Your account balance is not insured by the Federal Deposit Insurance Corporation. Prior to disbursing funds to you, we may combine your account balance with the funds of other Site participants (or other users of Organtik's services), invest them, or use them for other purposes permitted by applicable laws. If there is no activity (as determined by us) in your account for the period of time set forth in applicable unclaimed property laws and you have an account balance, we may notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your account open. We may also provide notice via U.S. mail. If you do not respond to our notice(s) within the time period we specify, we may close your account and send your account balance to the agency of your state of residency with responsibility for unclaimed funds, as determined by us based on the information associated with your account. If we are unable to determine your state of residency or your account is associated with a foreign country, your funds may be sent to the state of Delaware’s agency with responsibility for unclaimed funds. g. Taxes. You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, and other taxes or duties assessed, incurred or required to be collected, or paid for any reason in connection with any request for, or performance of Deliverables, or your use of the Site ("Taxes"), and to collect, withhold, report, and remit correct Taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. WE MAY WITHHOLD AND REPORT ON PAYMENTS TO MEMBERS TO TAXING AUTHORITIES. WE ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND WE ARE NOT RESPONSIBLE TO COLLECT OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION. 5. Compliance. The Site may be used only for lawful purposes and in a lawful manner consistent with this Agreement. In connection with your use of the Site, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you. You represent that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasury's Specially Designated Nationals List and Foreign Sanctions Evaders List, and the U.S. Department of Commerce's Entity List), the European Union or its member states, or other applicable government authority. We reserve the right to monitor or investigate any Deliverables, Submissions, transaction, activity, or content associated with the Site or your account, and take any action that we deem appropriate. 6. Use of Information; Publicity and Confidentiality. a. Our Use of Information. By visiting or registering for the Site, you authorize the collection, use, and disclosure of information in accordance with our Privacy Policy. In addition, we may share certain information about you to other Site participants to facilitate the service relationship and improve the Site, including, for example, account numbers, feedback, ratings, and other attributes related to your use of the Site. b. Your Use of Information. Except for work product you receive from Deliverables performed, you shall use information or other data acquired from your use of the Site only as necessary to use the Site and for no other purpose (e.g., you may not use that information or data for solicitation, advertising, marketing, unsolicited e-mails or spamming, harassment, invasion of privacy, or otherwise objectionable conduct). c. Publicity and Confidentiality. You may receive information relating to us or the Site that is not known to the general public ("Confidential Information"). You agree that (i) all Confidential Information will remain our exclusive property, (ii) you shall use Confidential Information only as is necessary for your participation on the Site, and (iii) you shall not otherwise disclose Confidential Information to any other person. Unless you have received our express written permission, you may not issue any press release related to Organtik or your use of the Site. You may request such permission at [email protected]. Permission may also require other Site participants’ permission. 7. No Warranties. THE SITE, THE DEVELOPER MATERIALS, THE PAYMENT PROCESSING SERVICE AND THE DELIVERABLES ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE DEVELOPER MATERIALS, THE PAYMENT PROCESSING SERVICE AND THE DELIVERABLES ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE DEVELOPER MATERIALS, THE PAYMENT PROCESSING SERVICE, OR THE DELIVERABLES, AND DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT; (B) ANY WARRANTY THAT THE SITE, THE DEVELOPER MATERIALS, THE PAYMENT PROCESSING SERVICE OR THE DELIVERABLES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY WARRANTY THAT THE INFORMATION, CONTENT, MATERIALS, OR SUBMISSIONS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY CUSTOMERS OR MEMBERS, THAT THE DELIVERABLES ARE LAWFUL, OR THAT CUSTOMERS OR MEMBERS WILL PERFORM AS PROMISED OR TO YOUR SATISFACTION; OR (D) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 8. Indemnification. You shall indemnify Organtik and its affiliates (and their respective officers, directors, employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) any Deliverables you request or perform and any Submissions, including any actual or alleged infringement or misappropriation of third-party rights by any of those Deliverables or Submissions; (iii) your wrongful or improper use of the Site; or (iv) a dispute between you and any other Site participant. 9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE DEVELOPER MATERIALS, THE PAYMENT PROCESSING SERVICE, THE DELIVERABLES, OR TRANSACTIONS THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE DEVELOPER MATERIALS, THE PAYMENT PROCESSING SERVICE, THE DELIVERABLES, OR TRANSACTIONS THROUGH THE SITE, EXCEED THE TOTAL AMOUNT OF FEES EARNED BY ORGANTIK IN CONNECTION WITH YOUR REQUEST FOR, OR YOUR PERFORMANCE OF, DELIVERABLES DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. 10. Applicable Law; Disputes. Any dispute relating in any way to this Agreement, the Site, the Developer Materials, the Payment Processing Service, or the Deliverables will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law and the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You expressly waive any right to bring or participate in a class-action lawsuit arising out of or related to this Agreement, the Site, the Developer Materials, the Payment Processing Service, or the Deliverables. You further waive any right to a jury trial, should any claim be permitted to proceed in court, rather than arbitration. Notwithstanding the foregoing, we may seek injunctive or other relief in any state or federal court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Organtik Claims, 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, 19702. 11. Termination; Access Restriction. We may terminate this Agreement, terminate or suspend your account and access to the Site, or remove any Deliverable listings immediately without notice for any reason. Upon any termination or suspension of this Agreement, your right to use the Site will cease, and you will not be able to retrieve any information related to your account. If you are a Customer and we terminate this Agreement, then (i) any Deliverables that have been completed by Members but not yet accepted by you will be deemed accepted and the applicable payments will be remitted to the Members and deducted from your account balance, and (ii) your account balance, less any amounts you owe us (including an amount determined by us to be adequate to cover chargebacks, refunds, adjustments, or other offsets we are entitled to take in connection with your account), may be withdrawn if all withdrawal-related authentication requirements have been fulfilled. If you are a Member and we terminate this Agreement, then your account balance, less any amounts you owe us (including an amount determined by us to be adequate to cover chargebacks, refunds, adjustments, or other offsets we are entitled to take in connection with your account), may be withdrawn if all withdrawal-related authentication requirements have been fulfilled. However, if we terminate this Agreement for cause (e.g., you have breached this Agreement), your remaining account balance (if any) may be forfeited. 12. Modifications to the Site and this Agreement. We may modify, suspend or discontinue the Site, in whole or in part, at any time without notice. We may modify this Agreement in the future by posting the modified terms on the Site. Continued use of the Site will constitute your acceptance of the modified terms. 13. Rules of Behavior. In order to use the Site, you are subject to the following rules of behavior: • You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and screen names you post to the Site. You agree to use the Site to post and receive communications and content that are legal and proper. • You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others. • You must not violate the privacy rights of others. • You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful. • You must not upload, post, or link to any material that promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group. • You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications. • You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally. • You must not impersonate another person or entity, which includes not using anyone else's username or password. • You must not “deep-link,” by publishing a link to an Organtik web page other than the Organtik home page. • You must not “frame” or “mirror” the Site, by simulating the appearance or function of the Site on another website. • You must not use the Site for any illegal or unauthorized purpose, such as spamming. • You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence. • You cannot modify or delete any content and communications of the Site and/or of other individuals. • You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature. • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Site. • You must not interfere or disrupt the Site or servers or networks connected with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. • You cannot create member accounts under any false or fraudulent pretenses (including by automated means). • You must not state or imply that any of your submitted and or posted content is endorsed by Organtik. • You must not retrieve, store or collect personal information about other users for any unauthorized purpose. • You must not engage in any ad "slamming". • You cannot use the Organtik name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment. • You will not expressly or by implication create the false or misleading impression that Organtik is associated with, or endorses, or is in any way connected with you, your business, or your content. WHILE ORGANTIK EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOU USE THE SITE ENTIRELY AT YOUR OWN RISK, AND THAT ORGANTIK WILL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT. YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, ORGANTIK CAN TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING. 14. Copyright Infringement. Organtik respects the intellectual property of others and we request our Users do the same. In certain circumstances and at its discretion, Organtik may, but is not obligated to disable, suspend and terminate the accounts of Users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Organtik’s Designated Agent with the following information: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; Doc ID: 7637f301fb37e0a8a9ca3f50f03f0e0bb0cffe0c • A description of where the material you claim is infringing is located on the Site; • Your name, address, telephone number, email address; • A statement claiming that you have a good faith belief that the disputed use has not been authorized; and • A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder. Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to: • Remove or disable access to the infringing material; • Notify the content provider that we have removed or disabled access to the material; and • Terminate such content provider’s access to the Website if he or she is a repeat offender. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below: • A physical or electronic signature of the content provider; • 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 disabled; • A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Organtik is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Organtik may send a copy of the counter-notice to the original complaining party informing that person that Organtik may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Organtik’s discretion. 15. General Provisions. a. Entire Agreement. This Agreement is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement, including when submitted by you in any order, invoice, bill, receipt, acceptance, confirmation, correspondence or other document. b. Assignment. You may not assign or transfer any rights, obligations or privileges that you have under this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, at any time without notice. Any assignment or transfer in violation of this section will be deemed null and void. c. Severability; Interpreting the Terms. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. d. No Waiver. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of that provision nor limit our right to enforce that provision at a later time. All waivers by us must be in writing and signed by us to be effective. e. Notices. All notices relating to this Agreement will be sent by e-mail or will be posted on the Site. You consent to us sending you e-mails relating to the Site from time to time. We will send notices to you at the e-mail address maintained in our records for you. You must send notices to us through the Site. E-mail notices or notices posted on the Site are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received when sent.

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