PRIVACY POLICY Mane Luxe Privacy Policy Last Updated and Effective Date: April 1, 2018 This Privacy Policy (the “Privacy Policy”) is incorporated by reference into the Terms of Use and End User License Agreement (the “Terms”) for the Mane Luxe social media platform, including the website located at mane-luxe.honeycommb.com and the Mane Luxe mobile applications offered, hosted, or operated by Places App Inc. DBA Honeycommb, Honeycommb Media LLC, or their affiliates (“Honeycommb”), and domains and/or content associated with and/or contained in the foregoing (such website, applications, domains and content, collectively, the “Mane Luxe”). The terms “we” and “us” refer to Honeycommb. The Privacy Policy explains how we: collect, use, and disclose information we obtain through the Mane Luxe and information you give us (e.g., when you search, buy, post or participate in a contest or questionnaire on the Mane Luxe or communicate with customer service), but does not apply to our collection of information from other sources. Capitalized terms used in this Privacy Policy shall have the meaning set forth in this Privacy Policy or, if not defined herein, in the Terms. We generally keep this Privacy Policy posted on the Mane Luxe and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS THE Mane Luxe, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, THEN IMMEDIATELY STOP ACCESSING THE Mane Luxe. “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. By accessing and/or using the Mane Luxe, you authorize us to gather, parse, and retain data related to the provision of the Mane Luxe and collect, use and disclose information as described in this Privacy Policy. The Mane Luxe is not directed to individuals under the age of thirteen (13), and we request that children do not provide Personal Information through the Mane Luxe. COLLECTION OF PERSONAL INFORMATION The Mane Luxe collects Personal Information: when you register, during use, when you communicate with us or the Mane Luxe, and from other users. The Mane Luxe also collects information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Mane Luxe. Personal Information Collection You must register to use the Mane Luxe. To register, you may need to provide Personal Information, such as your e-mail address, a user name, birth date and password. You may also provide other optional information. Social Sign-On The Mane Luxe collects Personal Information from social media websites/services when you use that social media website or service credentials to log in. For example, when you log in with your Facebook credentials, Mane Luxe may collect the Personal Information you have made publicly available in Facebook, such as your name and profile picture. Using the Mane Luxe The Mane Luxe collects information from you and about you from other users through the Mane Luxe. For example, when you interact with other users or make purchases, the Mane Luxe collects provided information, including any Personal Information. In certain circumstances, we may request, allow or otherwise provide you with an opportunity to submit your Personal Information in connection with a feature, program, promotion or some other aspect of the Mane Luxe. For instance, you may: (a) provide your name, mail/shipping address, e-mail address, credit card number and phone number when registering with the Mane Luxe or in connection with a sweepstakes or contest entry or a purchase; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey or poll or joining a club or group; or (c) post a rating and recommendation on the Mane Luxe. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to the Mane Luxe or certain content on the Mane Luxe. Making Payments When you make payments through the Mane Luxe, you may need to provide Personal Information to our third-party service providers, such as your name, billing address, and credit card number. Customer Support The Mane Luxe may collect Personal Information through your communications with the Mane Luxe or any of our customer-support team members. Location and Device Information from Your Mobile Device The Mane Luxe may collect and store your location and device information. Collection of this information may improve the provision of the Mane Luxe and provide you with access to customized offers. Cookies, Automatic Data Collection, and Related Technologies The Mane Luxe collects and stores information that is generated automatically as you use it, including your preferences and other Personal Information and anonymous usage statistics. When you use, visit or interact with the Mane Luxe, we and our third-party service providers, including analytic service providers, may use a variety of technologies, now known and hereafter devised, that automatically collect certain information. We and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology, for various purposes including system administration, reporting non-personal aggregate information to others, and tracking the use of the Mane Luxe. Cookies are small text files placed in a user’s computer browser to store the user’s preferences. Most browsers allow you to block, refuse to accept and/or delete cookies. However, if you do that, then the service may not work properly and/or some parts of the Mane Luxe will not function properly or be available to you. You can usually find out information about how to delete cookies on your browser through a “help” menu. Analytics Services We use third-party tools to collect and aggregate anonymous information about how users interact with the Mane Luxe by their use of cookies, web beacons (discussed below), and other technologies, and we use this aggregated information to adapt, modify and/or improve the Mane Luxe for the benefit of our users and partners. If you do not wish to have these tools collect anonymous information about your activities on the Mane Luxe, then you should not use the Mane Luxe. HOW WE USE AND SHARE YOUR INFORMATION We use Personal Information to: facilitate and improve the Mane Luxe, suggest other topics, groups, or sites that you may like, communicate with you, and for other purposes contemplated in this Privacy Policy. We may use information, including Personal Information and aggregate information, to operate the Mane Luxe, to communicate with you, and for other purposes. We may share any information collected about you on the Mane Luxe, including your Personal Information, with third party partners (for example, content planning and creation agencies, new features creation), and may use Personal Information to: facilitate and improve the Mane Luxe, plan and create content and features, suggest other topics, groups, or sites that you may like; and communicate with you, as well as users and our business partners. Internal and Mane Luxe-Related Usage We use information, including Personal Information, for internal and Mane Luxe-related purposes and may provide it to third parties. We may use and retain any data we collect to make and provide improvements. Communications We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer Mane Luxe support, or system maintenance. We may also email or otherwise communicate with you in response to activity on the Mane Luxe, such as when someone comments on a post you made, follows you, or sends you a message. If you send us an email or message with questions or comments, then we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public Personal Information, such as passwords, social security numbers, or bank account information, to us by email. We may also send you an email or message if (a) you request a particular service or sign up for a feature that involves communications; (b) it relates to purchases you have made with us (e.g., product updates, customer support, etc.); (c) we are sending you information about our other products, services, giveaways, contest or sweepstakes; or (d) you consented to being contacted by email for a particular purpose. In certain instances, we may (at our discretion) provide you with the option to set your preferences for receiving email communications from us (that is, agree to some communications but not others). You may “opt-out” of receiving future commercial email communications from us as provided in “Opt-Out Information” below. Note, however, if you opt-out, then in some cases you may not receive notifications advising you that you have won a giveaway or prize, and thus would forfeit that giveaway or prize. Even if you opt-out, we reserve the right to send you transactional e-mails such as customer service communications. Non-Personal Information We use non-personal information in a variety of ways, including to help analyze site traffic, understand user needs and trends, carry out targeted promotional activities and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others or other sources. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others. We also reserve the right to use IP addresses to (a) identify a visitor when we feel it is necessary to enforce compliance with the Mane Luxe rules; (b) fulfill a government request; (c) conform with the requirements of the law or legal process; (d) protect or defend our legal rights or property, the Mane Luxe, or other users; or (e) in an emergency to protect the health and safety of the Mane Luxe’s users or the general public. Mane Luxe usage information may be collected using various methods, such as the following: Cookies, etc. These text files make using the Mane Luxe more convenient by, among other things, saving your passwords and preferences for you. We may analyze the information derived from these cookies and other technological tools we employ (such as clear gifs/web beacons) and match this information with data provided by you or another party. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information. Please note that advertisers that serve advertisements on the Mane Luxe may also use their own cookies and other technological tools which are subject to the advertiser’s privacy policies, not this Privacy Policy. Web Beacons Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the Mane Luxe, to monitor how users navigate the Mane Luxe, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. Mobile Device Identifiers Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Mane Luxe through mobile devices. Certain features of the Mane Luxe may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information. Embedded Scripts An embedded script is programming code that is designed to collect information about your interactions with the Mane Luxe, such as the links you click on. The code is temporarily downloaded onto your computer from our web server or a third-party service provider, is active only while you are connected to the Mane Luxe, and is deactivated or deleted thereafter. WE MAY DISCLOSE AND SHARE YOUR INFORMATION We may share your information: • with third-party service providers; • to comply with legal obligations; • to protect and defend our rights and property or the safety of other users; • with your permission; and as discussed in Section 2 above. We Use Vendors and Service Providers We may share any information we receive with vendors and service providers retained in connection with the provision of the Mane Luxe. Displaying to Other Users The protections described in this Privacy Policy do not apply when you provide information (including Personal Information) in connection with your use of Mane Luxe, its chat rooms, message boards, bulletin boards and/or similar public forums on Mane Luxe. The content you post to the Mane Luxe may be displayed in any location on the Mane Luxe, including, from time-to-time, as featured content. Other users and nonusers may be able to see some information about you, such as information or photos that you have posted in your profile or in comments or posts, or your location if you enable your computer or mobile device to send us location information. We may use Personal Information and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum like Mane Luxe is public information and may be seen, used or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for privacy practices of the other users or third parties, including those who view and use the posted information you choose to make available on or through the Mane Luxe, or for events arising from the distribution of any information you choose to publicly post or share through the Mane Luxe. As contemplated in the Terms, when you post content to the Mane Luxe, you irrevocably give us the worldwide, perpetual, unlimited, royalty-free right to use such content in any manner, for any purpose and in any medium (now known or later developed). We can also do anything else with it – for example, we might develop new features on Mane Luxe, or even develop commercial products for sale, that are based on ideas or suggestions contained in posts by you or other users, and we have no obligation to compensate or notify you. We might also highlight your content, change it, incorporate it into other content, and/or post or use it in any medium (inside and outside of Mane Luxe). Social Networking and Other Websites The Mane Luxe allows you to share information, including Personal Information, with social networking websites/services, such as Facebook, Instagram and Twitter. A third party site’s use of any information you disclose or authorize for sharing will be governed by the third party site’s privacy policies, and you may be able to modify your privacy settings on those third party sites. Marketing We do not rent, sell, or share your Personal Information with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. As Required By Law and Similar Disclosures Notwithstanding anything herein to the contrary, we reserve the right to, and we may, access, preserve and/or disclose your Personal Information, other account information, non-personal information and content if we believe doing so is required or appropriate to: (a) comply with government or law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; (c) protect or defend yours’, ours’ or others’ rights, property or safety or the Mane Luxe; (d) with respect to notices and counternotices pursuant to our DMCA notice and takedown policy and procedures; (e) if we believe that such action is necessary to conform with the requirements of the law or legal process; and/or (f) in an emergency to protect the health and safety of Mane Luxe users or the general public. Merger, Sale, or Other Asset Transfers If any of us or the Mane Luxe is involved in a change in control, merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership and/or sale assets, or if the event of a transition of the Mane Luxe to another provider, then your information (including Personal Information) may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your information following any of the foregoing events will be governed by the provisions of the Privacy Policy in effect at the time such information was collected by us. Permission We may also disclose your Personal Information with your permission. Sweepstakes Contests and Promotions. We may offer giveaways, sweepstakes, contests and other promotions through the Mane Luxe which may require registration. By entering any sweepstakes, contest or promotion, you are agreeing to the official rules that govern that sweepstakes, contest or promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the sweepstakes, contest or promotion, or others, to use your name, voice and/or likeness in lists, disclosures, advertising or marketing associated with the sweepstakes, contest or promotion. If you choose to enter a sweepstakes, contest or promotion, then Personal Information may be disclosed to third parties or the public in connection with the administration of such sweepstakes, contest or promotion, including, without limitation, in connection with winner selection, prize fulfillment and as required by law or permitted by the promotion’s official rules, such as on a winners list. In addition, we may conduct programs that do not require registration, in which we provide you with a gift or giveaway, for example, as a “thank you” for a post. Please refer to the “Displaying to Other Users” section above and the Terms for more information regarding the uses of your User Content. OTHER INFORMATION; CONTACT US Security Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide or transmit to us. We do not accept liability for, and you agree that we are not liable or responsible for, the inadvertent, unintentional disclosure, theft or destruction of your Personal Information or other information. Do not share any information on or through the Mane Luxe if you are concerned about the unauthorized access to such information by a third party. By using the Mane Luxe or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Mane Luxe. If we learn of a security system’s breach, then we may attempt to notify you electronically by posting a notice on the Mane Luxe, by sending an in-app notification or sending an email to you (at the last e-mail address you have provided us); provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at Honeycommb support@honeycommb.com. Children’s Privacy We do not knowingly collect personal information from children under 13, as that term is defined in rules implementing the Children’s Online Privacy Protection Act. No part of the Mane Luxe is directed to children under the age of 13. If you are a parent or guardian of a child under the age of 13 and learn that such child has provided us with Personal Information without your consent, then you may alert us at Honeycommb support@honeycommb.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s Personal Information as well as prohibit the use thereof. If we learn that we have collected any personal information from children under 13, then we will promptly take steps to delete such information and terminate the child’s account. International Users By using the Mane Luxe, you will transfer data to the United States. By choosing to visit the Mane Luxe or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the dispute resolution provisions set forth in the Terms. If you are visiting from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy. If you wish to withdraw your consent for the use and sharing of your Personal Information pursuant to this Privacy Policy, then you will need to terminate your account and cease all use of the Mane Luxe. You can deactivate your account by sending an e-mail to Honeycommb support@honeycommb.com. Your California Privacy Rights Under the California “Shine The Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of this sharing at any time by submitting a request to Honeycommb support@honeycommb.com. This opt-out does not prohibit disclosures made for non-marketing purposes or for marketing by Mane Luxe or Honeycommb. If you are a resident of California, then, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party’s direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please send an email to Honeycommb support@honeycommb.com or write to us at: Places App, Inc. DBA Honeycommb Attn: Privacy Policy 405 Lexington Avenue 32nd Floor New York, NY 10174 Email: support@honeycommb.com Update Your Information Or Pose A Question Or Suggestion If you would like to update or correct any information that you have provided to us through your use of the Mane Luxe or otherwise, or if you have questions about or suggestions for improving this Privacy Policy, then please send an email to Honeycommb support@honeycommb.com. Changes To Our Privacy Policy And Practices We may revise this Privacy Policy, so review it periodically. Posting of Revised Privacy Policy We will post any adjustments to the Privacy Policy on this page and in the Mane Luxe, and the revised version will be effective when it is posted unless otherwise specified as set forth at the top of this Privacy Policy. If you are concerned about how your information is used, then bookmark this page and read this Privacy Policy periodically. You are responsible for ensuring your continued acceptance of this Privacy Policy and your continued use of the Mane Luxe following a change in the Privacy Policy will subject your use of the Mane Luxe following any such change to the new provisions of this Privacy Policy. New Uses of Personal Information From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law. Opt-Out Information You may notify us using the link provided in our email correspondence if you want to opt-out from receiving future commercial correspondence, including e-mails, from us or our affiliated companies. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain or all benefits and features of the Mane Luxe. You may also modify your notification settings by navigating to “Settings → Notifications” within the Mane Luxe mobile application. We may also, at our discretion, provide you with other opportunities to opt out. Contact Information: You can contact us at; Via Postal Delivery: Places App, Inc. DBA Honeycommb Attn: Privacy Policy 405 Lexington Avenue 32nd Floor New York, NY 10174 Email: Honeycommb at support@honeycommb.com NON-DISCLOSURE This Non-disclosure Agreement (this "Agreement") is made effective as of (the "Effective Date"), by and between MANE LUXE, LLC (the "Owner"), located at 969 Stone Castle, Ln., Santa Rosa, CA 95405, and (the "Recipient). The Owner has requested, and the Recipient agrees, that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows: CONSIDERATION: Owner promises to disclose information that is considered confidential, proprietary, or otherwise novel. In exchange for this information, Recipient promises to keep the information disclosed of or in relation to this Agreement a secret according to the sections set forth below. CONFIDENTIAL INFORMATION: The term "Confidential Information" means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include all technical and non- technical information related to Mane Luxe Extension Method, hair extension installation and applications provided Owner to Recipient, including but not limited to patent(s) and patent applications, trade secret, and copyrighted information proprietary information-- ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information the disclosing party provides regarding third parties with which the Owner deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. i. "Identification of Confidential Information” The parties acknowledge that the Confidential Information is embodied in tangible teaching materials (including without limitation, software, hardware, drawings, graphs, charts, disks, tapes, prototypes and samples), as well as communication, either verbally, written or via social media provided by Owner to Recipient as part of training and/or education to use Owners’s hair extension method, either as a franchisee, licensee or employee of Owner. * A. Confidential Information shall not include the following: * (a) information which is or becomes publicly available other than as a result of a violation of this Agreement by Receiving Party or its Representatives; * (b) information which is or becomes available on a non-confidential basis from a Person (as defined below) other than Disclosing Party or any of its Representatives who is not known to the Receiving Party or any of its Representatives to be prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to the Disclosing Party or any of its Representatives; * (c) information which the Receiving Party can demonstrate was available to Receiving Party or its Representatives on a non-confidential basis prior to its disclosure by Disclosing Party or its Representatives from a Person who was not known to the Receiving Party or any of its Representatives to be prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to the Disclosing Party or any of its Representatives. * (d) information which the Receiving Party can demonstrate was developed independently by those Representatives of the Receiving Party who or which did not have access to the Confidential Information. DEFINITIONS. As used in this Agreement, the following terms have the following meanings: (i) “Person” means any natural person, corporation, limited liability company, cooperative, partnership, trust, estate, joint venture, association or any other legal entity, including a governmental authority or agency; (ii) “Affiliate” means, with respect to any Person, any Person that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with, such specified Person (and the term “control” of a specified Person, including, with correlative meanings, the terms “controlled by” and “under common control with,” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise); (iii) “Representative” means, as to any Party, such Party’s Affiliates and the respective directors, officers, contractors, agents, advisors (including, without limitation, financial and technical advisors, legal counsel and accountants), and existing or potential lenders or funding sources of such Party and its Affiliates; and (iv) “Trade Secrets” means that portion of the Confidential Information that constitutes trade secrets, as defined by Applicable Law (as defined below), including, without limitation, confidential computer programs, software, designs, processes, procedures, equipment, data, reports, product specifications, formulas, improvements, on-line terminal designs, software applications and specialized knowledge, whether copyrightable or not. PROTECTION OF CONFIDENTIAL INFORMATION: The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of the Owner which provides the Owner with a significant competitive advantage and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows: A. No Disclosure: The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity. B. No Copying/Modifying: The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner. C. No Photography/Videography: The Recipient will not share or post photos and videos of any Confidential Information. B. No Teaching/Educating: The Recipient will not teach, educate or allow to shadow the confidential information to any person, entity and employee. C. Unauthorized Use: The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information. D. Application to Employees: The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Owner. UNAUTHORIZED DISCLOSURE OF INFORMATION - INJUNCTION AND LIQUIDATED DAMAGES: If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages, and liquidated damages in the amount of $100,000 in addition to any other damages incurred. As long as neither of us share important information discussed during our meeting(s), this section will not be used. RETURN OF CONFIDENTIAL INFORMATION: Upon the written request of the Owner, the Recipient shall return to the Owner all written materials containing the Confidential Information. The Recipient shall also deliver to the Owner written statements signed by the Recipient certifying that all materials have been returned within five (5) days of receipt of the request. RELATIONSHIP OF PARTIES: Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture. NO WARRANTY: The Recipient acknowledges and agrees that the Confidential Information is provided on an "AS IS" basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Owner does not represent or warrant that any product or business plans disclosed to the Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient. NO LICENSE: Receiving Party acknowledges that the Confidential Information (excluding the Evaluation Materials) and all intellectual property embodied therein is and at all times remains the sole and exclusive property of Disclosing Party and that Disclosing Party has the exclusive right, title and interest to its Confidential Information (excluding the Evaluation Materials). No right or license, by implication or otherwise, is granted by Disclosing Party as a result of disclosure of Confidential Information under this Agreement. Disclosing Party reserves the right at any time in its sole discretion, for any reason or no reason, to refuse to provide any further access to and to demand the return of the Confidential Information. REMEDIES: INDEMNITY: Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs, and expenses, including reasonable attorney's fees, costs, and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement. ATTORNEY'S FEES: In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. TERM: The obligations of this Agreement shall survive two (2) years from the Effective Date or until the Owner sends the Recipient written notice releasing the Recipient from this Agreement. After that, the Recipient must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure for an additional two (2) years. GENERAL PROVISIONS: This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of California. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the terms of this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement. The headings in this Agreement are provided for convenience and are to be excluded in an instance of ambiguity. SIGNATORIES: This Agreement is executed Mane Luxe, LLC and delivered by law as of the date this Agreement is accepted The Parties understand and agree this is a legal representation of their signatures