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Our Terms
And Policies
 * Terms of Service - Organizer
 * Terms of Service - Participant
 * Privacy & Data Collection Policies




TERMS OF SERVICE - ORGANIZER


Last Revised: March 26, 2020

haku App Corporation, Inc. (“haku”, “we”, “us”, or “our”) makes it simple to
organize, execute, market, and register for Events by empowering users who are
Event organizers, Event planners, and/or charitable organizations, and their
representatives (“Organizers”, “you”, or “your”), with state-of-the-art tools to
plan their Events, track their progress, and engage users who want to purchase
tickets to, register for, participate in, purchase Products or Membership
Services from, or donate to Events (each, a “Participant”) listed by Organizers
through the Service (as defined below). Additionally, haku makes the
registration and Donation process fast and easy for Participants.

This Terms of Service (“Terms of Service”) sets forth our terms and conditions
for your use of the haku website and the Service as an Organizer. As an
Organizer, additional terms are set forth in your service agreement with haku
(“Service Agreement”). Please carefully read this Terms of Service and your
Service Agreement prior to your use of any part of the Service. For the terms
and conditions of use applicable to visitors to the haku website (each, a
“Visitor”) and Participants, please see www.hakusports.com/legal. Please also
carefully read our Privacy Policy by visiting www.hakusports.com/legal, which
describes how we process Personal Data (as defined in the Privacy Policy).
Capitalized terms used, but not defined in this Terms of Service will have the
meaning ascribed to such terms in the Service Agreement.

1. ACCEPTANCE OF TERMS.

1.1 Overview.

This Terms of Service governs your use of (a) the haku website, platform, and
mobile application (collectively, the “Platform”) and/or (b) any and all
services available on or through the Platform or otherwise provided by haku for
your Events, including, without limitation, data feeds, analytic tools, and
e-mail and text messaging services (collectively with the Platform, the
“Service”). The Service, and any data of any kind collected through the Service,
except for Personal Data, are owned by haku.

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AND ALL OTHER OPERATING RULES,
POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE PLATFORM
BY HAKU, INCLUDING OUR PRIVACY POLICY, WITHOUT MODIFICATION. IF YOU ARE
ACCESSING OR USING THE SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO
THIS TERMS OF SERVICE. IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF
ANOTHER INDIVIDUAL, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF
OF THAT PERSON. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES,
POLICIES, OR PROCEDURES, INCLUDING OUR PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO
USE OR ACCESS THE SERVICE. THIS TERMS OF SERVICE MAY ONLY BE MODIFIED (I) ON AN
EVENT BY EVENT BASIS THROUGH A WRITTEN ADDENDUM TO THIS TERMS OF SERVICE, SIGNED
BY YOU AND AN AUTHORIZED OFFICER OF HAKU, OR (II) BY HAKU AS PROVIDED IN SECTION
1.2 BELOW.

1.2 Modification.

haku reserves the right, at its sole discretion, to modify or replace any of the
terms or conditions of this Terms of Service at any time. It is your
responsibility to check this Terms of Service periodically for changes. Your
continued use of the Service following the posting of any changes to this Terms
of Service constitutes acceptance of those changes. If any change to this Terms
of Service is not acceptable to you, your sole remedy is to cease accessing and
using the Service.

1.3 Language.

We may translate this Terms of Service, our Privacy Policy or any other
operating rules, policies and procedures that may be published from time to time
on the Platform into other languages for your convenience. The English language
version of each of these documents is the version that governs your use of the
Service and in the event of any conflict between the English language version
and a translated version, the English language version will control.

2. DESCRIPTION OF HAKU.

haku provides a simple and quick means for Organizers to obtain Event
Registrations and collect Payments from the sale of registrations, including all
applicable Event Registration Fees, merchandise, and services for Events listed
by Organizers through the Service. haku also provides Organizers with the
ability to solicit Donations from Participants with respect to Events listed by
Organizers through the Service. Organizers may visit the Platform, fill out a
questionnaire, or otherwise transmit to haku information about their Event,
including pricing, location, inventory, etc., and collect Event Registration
Fees online directly from Participants.

3. PRIVACY.

All information provided by you or otherwise collected by haku in connection
with the Service is governed by haku's Privacy Policy, located at
www.hakusports.com/legal, which is hereby incorporated by reference into this
Terms of Service. haku strongly recommends that you review the Privacy Policy
closely and fully understand the Privacy Policy before providing any Personal
Data through the Service and/or requesting Personal Data from Participants
through the Service. We do not process any Personal Data of a Participant,
except per the terms of your agreement with haku or other lawful instructions
from you. You should take care to protect your Personal Data, private
information, and information that is important to you. While we take reasonable
steps to protect the Personal Data and other information provided through the
Service, haku shall not be responsible for protecting any such information and
is not liable for the protection of privacy of electronic mail or other
information transferred through the Internet or any other network that you may
use, except as provided by applicable law. haku does not control and shall not
be responsible for the acts of you or any other users (whether Organizers,
Participants, Visitors, or otherwise) of the Service.

4. YOUR USE OF THE SERVICES.

4.1 Granting the Right to Use.

haku hereby grants you a non-exclusive, non-transferable, non-sublicensable
right to access and use the Service solely for the purposes of creating an Event
with respect to, and promoting, managing, tracking, analyzing data, and
collecting Event Registration Fees for, an Event that you have listed through
the Service, in each case (i) in compliance with this Terms of Service, and (ii)
to the extent permitted under all applicable laws and regulations.

4.2 Restrictions.

Notwithstanding the foregoing, you shall not, and shall not permit anyone else
to, directly or indirectly: (i) modify, reproduce or otherwise create
derivatives of any part of the Service or the Platform Content (as defined
below); (ii) reverse engineer, disassemble, decompile, decode, or otherwise
attempt to discover the source code or structure, sequence, and organization of
all or any part of the Service; (iii) intentionally bypass, breach, disable or
defeat any security feature or protection used in, or in connection with, the
Service; (iv) rent, lease, lend, resell, sublicense, assign, distribute,
publish, transfer, or use the Service for timesharing, service bureau, or
commercial purposes (except for the limited commercial purpose of collecting
Event Registration Fees through the Service as an Organizer in accordance with
this Terms of Service); (v) remove or alter any proprietary or legal markings,
legends, notices, restrictions, or labels on or in the Service or the Platform
Content; (vi) at any time, use, develop, distribute, or aid others in developing
any software or service which is substantially functionally similar to any part
of the Service, and/or which infringes any intellectual property rights of haku;
(vii) engage in any activity that interferes with or disrupts the Service or the
use of the Service by others; (viii) export or re-export the Platform (a) into
any country prohibited by the United States Export Administration Act and
related regulations; (b) into any U.S.-embargoed country; or (c) to any person
or entity on the U.S. Treasury Department's Specially Designated Nationals List
or the U.S. Department of Commerce Denied Persons List or Entity List; (ix)
share access to the Service with an unauthorized person or entity; (x) use any
part of the Service for any third party or allow any third party to use any part
of the Service; (xi) use the Service for any purposes prohibited by United
States or other national or international law, including, without limitation,
the development, design, manufacture, or production of nuclear, missile, or
chemical or biological weapons or any other similar use, including but not
limited to aviation navigation or communication systems, life support systems
and equipment; or in special risk areas that require error-free, permanent
supervision or operation of relevant systems and in which the failure of the
software may result in a direct risk for life, body, health or in substantial
damages to property or the environment; (xii) attempt to gain unauthorized
access to any part of the Service, account, computer system or network
associated with the Service, haku or any other customer or supplier of haku;
(xiii) use any part of the Service to infringe or violate the rights of any
other party or contribute to or encourage infringing or otherwise unlawful
conduct; (xiv) use the Service to violate any applicable law.

4.3 Refund Policy.

haku will not be responsible to you for a refund, in whole or part, for any
reason, for any fees whatsoever, including Event Registration Fees. It is the
responsibility of the Organizer to communicate its refund policy to Participants
and to issue refunds to Participants via the Service or otherwise. If a
Participant desires to request a refund, the Participant must request a refund
directly to and from the Organizer. All communications or disputes regarding
refunds are between the Organizer and Participant, and haku shall not be
responsible or liable for refunds, errors in issuing refunds, or lack of refunds
in connection with the Service.

5. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Service as an Organizer, you agree to: (i)
provide true, accurate, current, and complete information about yourself as
prompted by the Platform registration form (“Registration Data”) and (ii)
maintain and promptly update the Registration Data to keep it true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, not current, or incomplete, or haku has reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or incomplete,
haku has the right to suspend or terminate all of your accounts and refuse any
and all of your current or future use of the Service (or any portion thereof).
haku is concerned about the safety and privacy of all of its users, particularly
children. You must be at least 18 years of age, or the legal age of majority
where you reside if that jurisdiction has an older age of majority, to register
for an account.

6. ACCOUNT, PASSWORD, AND SECURITY.

As part of the Platform registration process, you have the option of either
signing up using your Facebook account or by creating a personal username,
password, and account. You are responsible for maintaining the confidentiality
of your username, password, and account, and are fully responsible for all
activities that occur under your account, including, without limitation, all
actions by sub-users registered under your account. You agree to (i) immediately
notify haku of any unauthorized use of your password or account or any other
breach of security, and (ii) ensure that you exit from your account at the end
of each session. haku cannot and will not be liable for any loss, damage, or
other liability arising from your failure to comply with this Section or from
any unauthorized access to or use of your account. In the event of any dispute
between two or more parties as to account ownership, you agree that haku shall
be the sole arbiter of such dispute in its sole discretion and that haku's
decision (which may include termination or suspension of any account subject to
dispute) shall be final and binding on all parties.

7. INTELLECTUAL PROPERTY.

7.1 haku Trademarks.

The trademarks, service marks, and logos of haku (“haku Trademarks”) used and
displayed in connection with the Service are registered and unregistered
trademarks or service marks of haku. Other company, product, and service names
used in connection with the Service may be trademarks or service marks owned by
third parties (“Third Party Trademarks”, and, collectively with haku Trademarks,
the “Trademarks”). The offering of the Service shall not be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed in connection with the Service without the prior written
consent of haku specific for each such use. The Trademarks may not be used to
disparage haku, any third party or haku’s or third party's products or services,
or in any manner (in haku’s sole judgment) that may damage any goodwill in the
Trademarks. Use of any Trademarks as part of a link to or from any site is
prohibited unless haku approves the establishment of such a link by prior
written consent specific for each such link. All goodwill generated from the use
of any haku Trademark shall inure to haku's benefit. haku reserves all rights
not expressly granted to you pursuant to this Terms of Service.

7.2 haku Copyrights.

All content included on the Platform, such as text, graphics, logos, button
icons, images, audio clips, and applications, as well as the compilation of any
of the foregoing (meaning the collection, arrangement and assembly) (“haku
Copyrights”), are the property of haku or its content suppliers and protected by
U.S. and international copyright laws. You acknowledge and agree that haku
Copyrights presented to you through the Platform or by any third party
advertisers are protected by all relevant proprietary rights and laws. Except as
expressly authorized by haku or such third party advertisers, you agree not to
modify, rent, lease, loan, sell, distribute, or create derivative works based on
the Platform and/or the Service, in whole or in part. haku reserves all rights
not expressly granted to you pursuant to this Terms of Service.

8. CONTENT.

8.1 Platform Content.

You agree that all material, excluding Personal Data, but otherwise including,
without limitation, information, data, text, design elements, graphics, images,
audio, video, and other content (“Content”), contained in or delivered via the
Service or otherwise made available by haku in connection with the Service
(“Platform Content”) is protected by copyrights, trademarks, service marks,
trade secrets, or other intellectual property and other proprietary rights and
laws. haku may own the Platform Content, or portions of the Platform Content may
be made available to haku through arrangements with third parties. Except as
expressly authorized by haku in writing or in connection with your use of the
intended functionality of the Service, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works of any Platform
Content, or post any Platform Content on any other web site or in a networked
computer environment for any purpose. You shall use the Platform Content only
for purposes that are permitted by this Terms of Service, your agreement with
haku, and any applicable laws and regulations. Any rights not expressly granted
in this Terms of Service are reserved.

8.2 Your Content.

You acknowledge and agree that if you contribute, provide, or make available any
Content to the Platform (“Your Content”), you hereby grant to haku a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable,
sublicensable (through multiple tiers) right and license to use, reproduce,
adapt, modify, distribute, translate, publish, create derivative works based on,
perform, display, and otherwise exploit Your Content, in whole or in part, in
any media now known or hereafter developed, for any purpose whatsoever, provided
that with respect to your Personal Data, such right and license is subject to
our Privacy Policy and applicable law. Please refer to our Privacy Policy for
how we use and otherwise process Personal Data. You represent and warrant that
you have all the rights, power, and authority necessary to grant the foregoing
license, and that Your Content (i) does not infringe, violate, misappropriate,
or otherwise conflict with the rights, including intellectual property rights,
of any third party, and (ii) complies with all applicable laws and regulations.
In addition, Your Content must be accurate and truthful.  haku reserves the
right to remove any of Your Content from the Platform at any time if haku
believes in its sole discretion that it does not comply with this Terms of
Service. In addition, you agree that haku may use your company name and logo
(whether or not you have made it available through the Platform) for the purpose
of identifying you as an existing or past customer of haku both on the Platform
and in marketing and promotional materials.

8.3 DMCA.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that any
Content made available in connection with the Service infringes your copyright,
you (or your agent) may send us a notice requesting that the Content be removed,
or access to it blocked. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for
details). Notices and counter notices with respect to the Service should be sent
to:

haku App Corporation, Inc.
Attn: Designated DMCA Agent
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DMCAAgent@hakusports.com

haku has adopted and currently implements a policy of terminating, in
appropriate circumstances, the accounts of users who are deemed repeat
infringers or who are repeatedly charged with infringement.

9. CONDUCT.

9.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you
provide or otherwise make available to or through the Service, including to
Participants and other users of the Service. You agree not to use the Service
to:

 * upload, post, e-mail, 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;
 * upload, post, e-mail, transmit, or otherwise make available any Content that
   is false, inaccurate, incomplete, untimely, or misleading;
 * target or harm minors in any way;
 * facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes,
   and/or any other activity featuring the award of a prize other than raffles,
   contests, or sweepstakes conducted in a manner that complies with the law;
 * impersonate any person or entity, including, but not limited to, a haku
   representative or forum leader, 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;
 * upload, post, e-mail, transmit, or otherwise make available any Content that
   you do not have a right to make available under any law or under contractual
   or fiduciary relationships (such as inside information, proprietary and
   confidential information learned or disclosed as part of employment
   relationships or under nondisclosure agreements);
 * upload, post, e-mail, transmit, or otherwise make available any Content that
   infringes any patent, trademark, trade secret, copyright, or other
   intellectual property or proprietary rights of any person or entity;
 * upload, post, e-mail, transmit, or otherwise make available any Content
   related to the sale or provision of goods and services other than the sale or
   provision of registrations to Events listed on the Platform and other goods
   and services being sold or provided in conjunction with such Events;
 * upload, post, e-mail, transmit, or otherwise make available any Content 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 or to otherwise interact
   with the Service in a manner not permitted by this Terms of Service or
   expressly authorized by haku;
 * interfere with or disrupt the Service or servers or networks connected to the
   Service, interfere with the use of the Service by others, or disobey any
   requirements, procedures, policies, or regulations of networks connected to
   the Service;
 * intentionally or unintentionally violate any applicable law or regulation;
 * use an inappropriate user name of any kind;
 * provide material support or resources (or to conceal or disguise the nature,
   location, source, or ownership of material support or resources) to any
   organization(s) designated by the United States government as a foreign
   terrorist organization pursuant to section 219 of the Immigration and
   Nationality Act;
 * stalk or otherwise harass any person or entity; or
 * collect or store Personal Data about other users in connection with the
   prohibited conduct and activities set forth in paragraphs above.

9.2 Certain Remedial Rights.

You acknowledge that haku does not pre-screen any Content provided or made
available by you or any third party in connection with the Service, but that
haku and its designees shall have the right (but not the obligation) in their
sole discretion to (i) monitor, alter, edit, or remove any of your Content, in
whole or in part, and/or (ii) rescind and terminate your right to use the
Service at any time (with or without notice) for any reason or no reason.

You acknowledge and agree that haku may preserve your Content and may also
disclose your Content for any reason, including, without limitation, if required
to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (i) comply with legal process; (ii) enforce this
Terms of Service; (iii) respond to claims that any of your Content violates the
rights of third parties; and/or (iv) protect the rights, property, or personal
safety of haku, its users, and/or the public, provided that Personal Data is
subject to our Privacy Policy and applicable law.

You understand that the technical processing and transmission of the Service,
including Your Content, may involve (i) transmissions over various networks;
and/or (ii) changes to conform and adapt to technical requirements of connecting
networks or devices.

10. LINKS.

As a convenience to our users, the Service may provide, or third parties may
provide, links to third-party websites or resources. The linked websites are not
under our control, and we make no representations as to the quality,
suitability, functionality, or legality of any such websites or resources. You
acknowledge and agree that haku is not responsible for the availability of such
websites or resources, and does not endorse and is not responsible or liable for
the terms and conditions of use, privacy policy, practices, and any Content,
advertising, products, services, or other materials on or available from such
websites or resources. You further acknowledge and agree that haku shall not be
responsible or liable for any damage or loss caused or alleged to be caused by
or in connection with any use of or reliance on such terms and conditions of
use, privacy policy, practices, and any Content, advertising, products,
services, or other materials available on or through any such site or resource.
You hereby waive any claim you might have against haku with respect to such
websites or resources. We encourage you to be aware of when you leave our
Platform and to read the terms and conditions of use and privacy policy of each
website you visit. If you have a question about the terms and conditions of use,
privacy policy, practices, or content of a third party website, please contact
the applicable third party directly.

You may link to the Platform’s homepage, provided you do so in a way that is
fair, legal, consistent with this Terms of Service and does not damage our
reputation or take advantage of the Service, but you may not establish a link in
such a way as to suggest any form of association, approval, or endorsement on
our part where none exists. You may not establish a link from any website that
is not owned by you. The Platform may not be framed on any other website, nor
may you create a link to any part of the Platform other than the homepage. You
agree to cooperate with us in causing any unauthorized framing or linking to
cease immediately. We reserve the right to withdraw linking permission without
notice.

11. MESSAGES AND ALERTS FROM HAKU.

11.1 PROMOTIONAL MESSAGES

haku and/or third parties may occasionally, consistent with our Privacy Policy,
send e-mails and/or SMS text messages to you containing advertisements and
promotions. You agree, according to our Privacy Policy, to receive such
promotional messages, as well as certain periodic communications, from haku,
including, but not limited to, newsletters, content, updates, and announcements,
and that these communications are considered part of the Service.

BY USING THE SERVICE, YOU HEREBY GIVE HAKU, AND ITS SERVICE PROVIDERS, EXPRESS
CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING
YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH
INFORMATION AND OFFERS RELATED TO THE SERVICE AND/OR YOUR USE OF THE SERVICE,
INCLUDING ADVERTISING AND PROMOTIONAL INFORMATION. BY USING THE SERVICE, YOU ARE
ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND
E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED
THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING
TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE
OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS
PROVISION ARE NOT A CONDITION OF YOUR USE OF THE SERVICE OR REGISTRATION FOR THE
SERVICE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE
TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED
FOR THE CALL UNDER YOUR PHONE PLAN. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY
BE BILLED TO YOU BY YOUR COMMUNICATIONS CARRIERS WHEN WE CONTACT YOU.

haku makes no representation or warranty with respect to the content of any such
communications or any goods or services which may be obtained from third
parties, and you agree that neither haku nor such third party shall have any
liability with respect to the content of any such communications or any goods or
services which may be obtained from such third parties. If you want to opt-out
of receiving e-mails and other future contact from such third party you must
contact the applicable third party directly. You acknowledge and agree that we
shall not be a party to, or in any way responsible for, any transaction
involving products or services made available from third parties or for any
content relating to any products or services offered by third parties. You can
opt-out of receiving communications from us by following the unsubscribe
instructions included in our communications, changing your notification settings
within the Service, or contacting DPO@hakusports.com with your opt-out request.

11.2 Event Alerts.

haku uses SMS text message notifications to provide Participants with alerts
related to a particular Event (“Event Alerts”). For instance, after subscribing
to Event Alerts for a particular Event, a Participant, or friend or family
member of the Participant, can track the Participant’s progress throughout the
Event through periodic alerts and receive pertinent announcements, such as
changes in the Event schedule. The number and frequency of Event Alerts received
is dependent on the category of Event Alerts and type of Event the Participant
subscribes for. For instance, a subscriber may receive a greater number of
alerts for a marathon race as compared to a 5k race due to the difference in
length of the two types of races.

All terms and conditions of Event Alerts are set forth in this Terms of Service
and our Privacy Policy. haku provides links to both of these documents when
subscribing to Event Alerts. While haku does not charge any form of premium rate
or subscription fee to subscribe to and receive Event Alerts, message and data
rates of your carrier may apply. For help related to Event Alerts,, please email
support@hakusports.com. You can opt-out of receiving any Event Alerts at any
time by replying “STOP” to any Event Alert.

12. SUB-DOMAINS.

haku may provide you, as the Organizer, with the right to use a sub-domain
within the Platform (e.g., hakusports.com/events/sub-domain name/). All such
sub-domains are the sole property of haku. In the event haku provides you with a
sub-domain, your right to use such sub-domain may be terminated by haku at any
time (with or without notice) for any reason or no reason.

13. ADDITIONAL SERVICES.

haku may, upon request, and for such fees as haku may establish from time to
time in its sole discretion, provide additional services to you beyond the
functionality of the Service, including, without limitation, leasing ticket
scanning and other equipment, providing consultants and staffers to assist you
on the date of your Event, providing access to Event related financial
statements, providing data analysis services, providing dedicated account
management services, providing social media management tools, and providing
access to Event management tools.  All such additional services, whether
provided prior to, during, or following your Event, shall be deemed a part of
the Service and subject to all the terms and conditions of this Terms of
Service. Such additional services may be set forth in your Service Agreement.
Organizer agrees and accepts that such services are provided on an “as is” and
“as available” basis.

14. INDEMNITY.

You agree to indemnify, defend, and hold harmless haku and its affiliates, and
each of its and their respective officers, directors, agents, co-branders, other
partners, and employees, from and against any and all damage (whether direct,
indirect, incidental, consequential, or otherwise), loss, liability, cost, and
expense (including, without limitation, reasonable attorneys and accounting
fees) resulting from any claim, demand, suit, proceeding (whether before an
arbitrator, court, mediator, or otherwise), or investigation made by any third
party (each a “Claim”) due to or arising out of: (i) your use of, contribution
to, or connection with any of the Service, including, without limitation, the
transmission of e-mails, SMS messages, other messages, and other communications
with third parties, including Participants and Visitors, or violation of any
rights of another; (ii) your breach of any representation and warranty made to
haku; (iii) your Content; (iv) your Event(s); and/or (v) your violation of this
Terms of Service. haku shall provide notice to you of any such Claim, provided
that the failure or delay by haku in providing such notice shall not limit your
obligations hereunder. haku reserves the right to assume the exclusive defense
and control of any matter, at your sole cost and expense, which is subject to
indemnification under this Section, and in such case, you agree to cooperate
with all reasonable requests in assisting haku's defense of such matter.

15. SERVICE MODIFICATIONS/SUSPENSIONS.

Your use of the Service may be interrupted from time to time for any of several
reasons, including, without limitation, the malfunction of equipment, periodic
updating, maintenance or repair, or other actions that we may take in our sole
discretion and from time to time. haku reserves the right at any time to, and
from time to time may, modify, suspend, or discontinue, temporarily or
permanently, the Service (or any part thereof) for any reason or no reason with
or without notice. haku will not be responsible to you for a refund, in whole or
part, of applicable transaction fees for any reason. You agree that haku shall
not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Service.

16. TERMINATION.

haku, in its sole discretion, may terminate your password, accounts (or any part
thereof), and/or your right to use the Service, and remove and discard any and
all of Your Content within the Service, at any time for any reason or no reason,
including, without limitation, for lack of use, failure to timely pay any fees
or other monies due haku, or if haku believes that you have violated or acted
inconsistently with the letter or spirit of this Terms of Service. You agree
that any termination of your right to use the Service may be effected without
prior notice, and acknowledge and agree that haku may immediately deactivate or
delete your account and all related Content and files related to your account
and/or bar any further access to such files or the Service. Further, you agree
that haku shall not be liable to you or any third-party for any termination of
your right to use or otherwise access the Service.

17. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE
REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN
AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE AND YOUR USE
OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY
INDUCED HAKU TO ENTER INTO THIS TERMS OF SERVICE WITH YOU. THE DISCLAIMER OF
WARRANTIES SET FORTH IN THIS TERMS OF SERVICE FORMS AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN YOU AND HAKU AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE
REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAKU HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HAKU MAKES NO WARRANTY THAT:
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV)
ANY ERRORS IN THE SERVICE WILL BE CORRECTED. HAKU WILL HAVE NO LIABILITY WITH
RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (IV) ABOVE. HAKU IS NOT
RESPONSIBLE FOR AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO VETTING,
USE OR LOSS OF ANY CONTENT, PRODUCTS, SERVICE, ACTIONS, OR INACTIONS OF ANY
ORGANIZER, PARTICIPANT, VISITOR, OR THIRD PARTY BEFORE, DURING, AND/OR AFTER AN
EVENT. HAKU IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATION OR WARRANTY WITH
RESPECT TO VETTING OR LOSS OF ANY PERSONAL DATA OF ANY ORGANIZER, PARTICIPANT,
VISITOR, OR THIRD PARTY BEFORE, DURING, AND/OR AFTER AN EVENT. YOU ARE SOLELY
RESPONSIBLE FOR BACKING-UP AND STORING SUCH PERSONAL DATA. YOU ACKNOWLEDGE THAT
HAKU HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY
OF EVENTS, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING ORGANIZERS,
PARTICIPANTS, AND VISITORS) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER
(INCLUDING ORGANIZERS AND PARTICIPANTS) TO PERFORM, OR ACTUALLY COMPLETE A
TRANSACTION. HAKU HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY
ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER. THE
FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE
LAW. Notwithstanding the foregoing, you may report the misconduct of Organizers,
Participants, Visitors, and/or third parties in connection with the Platform or
any Service to haku. haku, in its sole discretion, may investigate the claim and
take any necessary action.

18. LIMITATION OF LIABILITY.

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE
REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN
AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE, YOUR USE OR
INABILITY TO USE THE SERVICE, OR THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF
AND MATERIALLY INDUCED HAKU TO ENTER INTO THIS TERMS OF SERVICE WITH YOU. THE
LIMITATION OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE FORMS AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN YOU AND HAKU AND SHALL CONTINUE TO APPLY EVEN IF
ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

HAKU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY
OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, FOR: (I) ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF HAKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE, (III) AMOUNTS IN
EXCESS OF US $100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE
OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, OR (IV) ANY MATTERS BEYOND
HAKU'S REASONABLE CONTROL. HAKU SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF
YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING
LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

19. DISPUTE RESOLUTION.

19.1 Arbitration.

Any controversy, claim, or dispute arising, directly or indirectly, out of this
Terms of Service or your use of the Service, including, without limitation, the
applicability or scope of these terms to arbitrate, shall be determined by
final, binding arbitration (“Arbitration”). The Arbitration shall be
administered in English by JAMS pursuant to JAMS’ International Arbitration
Rules for three (3) arbitrators (“Rules”). If the parties are unable to mutually
agree on an arbitrator within fifteen (15) days of the notice of arbitration,
the arbitrator shall be appointed by JAMS in accordance with the Rules. The
venue for the Arbitration will be in Miami-Dade County, Florida. The parties
shall maintain the confidential nature of the Arbitration proceedings, hearing
and award, except as is necessary (i) to prepare for the Arbitration proceedings
and hearing; (ii) to compel Arbitration; (ii) to enforce an Arbitration award;
or (iii) for an injunctive relief action.

Any Arbitration award or decision will be final and binding on the parties, and
judgment upon any such award may be entered in any court having competent
jurisdiction to enforce such an award. Except as otherwise specifically set
forth in this Agreement, no action at law or in equity based upon any claim
relating, directly or indirectly, to this Terms of Service may be instituted in
any court by any party, except: (i) an action to compel Arbitration pursuant to
this section; (ii) an action to enforce an award obtained in an Arbitration
proceeding in accordance with this section; or (iii) an action for injunctive
relief. Any Arbitration relating, directly or indirectly, to this Terms of
Service must occur on an individual basis, and class arbitrations and class
actions are hereby specifically agreed to as not permitted.

19.2 Governing Law; Venue; Jurisdiction.

The Agreement shall be governed by, and construed in accordance with, the laws
of the State of Florida (without giving effect to principles of conflicts of
laws). The U.N. Convention on Contracts for the International Sale of Goods is
expressly excluded. For any action or proceeding to enforce Arbitration or an
Arbitration ruling or for an action for injunctive relief, haku and Organizer
each expressly consent to the (i) venue of Miami-Dade County, Florida, USA, and
each party hereby expressly waives any objection to such venue based upon forum
non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal
courts in and/or for Miami-Dade County, Florida, USA.

19.3 Waiver of Jury Trial.

HAKU AND ORGANIZER EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL
PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF
SERVICE OR YOUR USE OF THE SERVICE. HAKU AND ORGANIZER EACH, ON THEIR OWN BEHALF
(I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE
EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE
THAT IT HAS BEEN INDUCED TO ENTER INTO THE TERMS OF SERVICE BY, AMONG OTHER
THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.

19.4 Injunctive Relief.

Notwithstanding the Arbitration obligation set forth above, haku and Organizer
each will have the right, in addition to its other rights and remedies, to seek
and obtain injunctive relief in court for any violation of this Terms of Service
or your use of the Service, and each party hereby expressly waives any
objection, in any such equitable action, that the other party may have an
adequate remedy at law.

19.5 Prevailing Party Attorneys’ Fees.

In the event of any Arbitration, legal proceeding, or action for injunctive
relief arising out of or relating to this Terms of Service or your use of the
Service, the prevailing party in such Arbitration, legal proceeding, or action
for injunctive relief shall be entitled to an award of their reasonable
attorneys’ fees and costs (including, without limitation, all taxable and
non-taxable costs, and all fees and costs to determine the amount of fees and
costs to be awarded) incurred prior to any such Arbitration, legal proceeding,
or action for injunctive relief, as well as at all levels of trial and appeal.

19.6 Cumulative Remedies.

The rights and remedies set forth in this Terms of Service are cumulative and
concurrent and may be pursued separately, successively or together.

20. INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and Content. By way of illustration and not
limitation, you agree to comply with all applicable laws and regulations
restricting or otherwise pertaining to the use, transmission, display,
exporting, or importing of data, products, services, and/or technical
information. We reserve the right, at any time and in our sole discretion, to
limit the availability and/or use of the Service to any person, geographic area,
or jurisdiction.

In addition, the Service are subject to United States export controls. No part
of the Service may be exported or re-exported into, or to a national or resident
of, any country to which the U.S. has embargoed goods and/or services of the
same type as the Service. By using the Service or any part thereof, you
represent and warrant that you are not located in, and you are not a national or
resident of, any such country. Further, no part of the Service may be exported
or re-exported to any person or entity appearing on the Office of Foreign Assets
Control's Specially Designated Nationals and Blocked Persons List or the Bureau
of Industry and Security's Denied Persons List. By using the Service or any part
thereof, you represent and warrant that you are not a person or entity or under
the control of or affiliated with a person or entity that appears on any such
list.

21. GENERAL.

21.1 Entire Agreement.

This Terms of Service constitutes the entire agreement between you and haku and
governs your use of the Service as an Organizer, superseding any prior or
contemporaneous agreements, proposals, discussions, or communications between
you and haku on the subject matter hereof, other than any written agreement
between you and an authorized officer of haku relating to a specified Event or
Events. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third party Content, or third party
software or the Service in a manner other than as governed by this Terms of
Service.

21.2 Waiver; Invalid Provisions.

The failure or delay of haku to exercise or enforce any right or provision of
this Terms of Service shall not constitute a waiver of such right or provision.
No oral waiver, amendment or modification shall be effective under any
circumstance whatsoever. If any provision of this Terms of Service is found by
an arbitrator or court of competent jurisdiction to be invalid, the parties
nevertheless agree that the arbitrator or court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of this Terms of Service shall remain in full force and effect.

21.3 Notice.

Notices to you may be made via either e-mail or regular mail to the address in
haku’s records. The Service may also provide notices of changes to this Terms of
Service or other matters by displaying notices or links to notices to you
generally on the Service. Any notice from you to us shall be sent in writing to
our mailing address at haku, 1221 Brickell Ave, Suite 1700, Miami, FL 33131,
Attn: Account Manager.

21.4 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or this Terms of
Service must be filed within two (2) years after such claim or cause of action
arose or be forever barred.

21.5 Violations.

Please report any violations of this Terms of Service by e-mail to
info@hakusports.com.

21.6 Public Disclosure Restrictions.

haku includes the names and logos of haku’s customers on the haku website and in
marketing materials provided to prospective customers. You hereby grant haku a
limited, non-exclusive, perpetual, irrevocable, royalty-free and fully paid-up
right and license to include your name and logo on haku’s website an in such
marketing materials.

21.7 Force Majeure.

Except for obligations of payment, if either party is prevented from performing
any of its obligations under this Terms of Service by circumstances beyond its
reasonable control, including, without limitation, as a result of labor
disputes, fires, earthquakes, explosions, floods, acts of God, war or other
hostilities, civil commotion, breakdown of machinery not owned by a party,
domestic or foreign governmental acts, orders or regulations and inability or
difficulty in obtaining supplies, then the party so affected shall be excused
from its performance under this Terms of Service so long as such condition
exists.

21.8 Independent Contractor.

The relationship of the parties to one another is, and shall at all times
remain, solely that of independent contractors. Nothing in this Terms of
Service, or any course of performance hereunder, shall create any joint venture,
partnership, or franchise or to constitute a party as principal, agent, master,
servant, employer, employee, or fiduciary of the other party. No party nor any
of its agents, shall have any express or implied power or authority of any kind
to act on behalf of the other party, or to bind the other party or to incur any
form of liability or obligation on behalf of the other party.

21.9 Binding Effect.

Except as expressly provided in this Terms of Service, nothing in this Terms of
Service will confer any rights or remedies under or by reason of this Terms of
Service on any person or entity other than the parties and their respective
successors and permitted assigns.

21.10 No Assignment.

You shall not assign this Terms of Service, or any right or obligation pursuant
to this Terms of Service, without the prior written consent of haku.

21.11 Severability.

The determination by any court of competent jurisdiction that any provision of
this Terms of Service is not enforceable in accordance with its terms shall not
affect the validity or enforceability of the remaining provisions of this Terms
of Service.

21.12 Your Agreement to Be Bound and Survival.

Your agreement to be bound by these Terms of Service commence with your
accessing or using the Service or otherwise submitting information to beycome
through the Service, and your agreement to be so bound will continue until your
right to access and use the Service is either canceled or terminated, subject to
the survival of each of the following after such cancellation or termination:
Sections 3, 4.2, 5, 7 through 10, 13, and 15 through 20 of these Terms of
Service, our Privacy Policy, and any other obligation you have to haku. If,
following the cancellation or termination of your right to access and use the
Service, you access or use the Service or otherwise submit information through
the Service, then you again, automatically and immediately, are bound by these
Terms of Service.

21.13 Counterparts and Electronic Versions.

These Terms of Service may be accepted in multiple counterparts, each of which
shall be deemed to be an original and of equal force and effect, and all of
which taken together shall constitute one and the same instrument. These Terms
of Service may be executed in electronic format and/or with digital signatures,
each party reserves the right to only maintain an executed copy of these Terms
of Service in electronic form, and each party hereby agrees that a print-out of
such electronic form of these Terms of Service will be deemed an original for
all purposes relating to the enforceability of these Terms of Service.


TERMS OF SERVICE - PARTICIPANT


Last Revised: March 26, 2020

haku App Corporation, Inc. (“haku”, “we”, “us”, or “our”) makes it simple to
organize, execute, market, and register for events by empowering users who are
event organizers, event planners, and/or charitable organizations, and their
representatives (“Organizers”), with state-of-the-art tools to plan their
events, track their progress, engage users who want to purchase tickets to,
register for, participate in, purchase products or membership services from, or
donate to events (each, a “Participant”, and as applicable, “you” or “your”)
listed by Organizers through the Service (as defined below). Additionally, haku
makes the registration and donation process fast and easy for Participants.

This Terms of Service (“Terms of Service”) sets forth our terms and conditions
for your use of the haku website and the Service as a visitor to the Service
(each, a “Visitor”, and as applicable, “you” or “your”) or a Participant. Please
carefully read this Terms of Service prior to your use of any part of the
Service. Please also carefully read our Privacy Policy by visiting
www.hakusports.com/legal, which describes how we process Personal Data (as
defined in the Privacy Policy).

1. ACCEPTANCE OF TERMS.

1.1 Overview.

This Terms of Service governs your use of (a) the haku website, platform, and
mobile application (collectively, the “Platform”) and/or (b) any and all
services available on or through the Platform or otherwise provided by haku
including, without limitation, data feeds, analytic tools, and e-mail and text
messaging services (collectively with the Platform, the “Service”). The Service,
and any data of any kind collected through the Service, except for Personal
Data, are owned by haku.

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AND ALL OTHER OPERATING RULES,
POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE PLATFORM
BY HAKU, INCLUDING OUR PRIVACY POLICY, WITHOUT MODIFICATION. IF YOU ARE
ACCESSING OR USING THE SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO
THIS TERMS OF SERVICE. IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF
ANOTHER INDIVIDUAL, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF
OF THAT PERSON. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES,
POLICIES, OR PROCEDURES, INCLUDING OUR PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO
ACCESS OR USE THE SERVICE. THIS TERMS OF SERVICE MAY ONLY BE MODIFIED (I) ON AN
EVENT BY EVENT BASIS THROUGH A WRITTEN ADDENDUM TO THIS TERMS OF SERVICE, SIGNED
BY YOU AND AN AUTHORIZED OFFICER OF HAKU, OR (II) BY HAKU AS PROVIDED IN SECTION
1.2 BELOW.

1.2 Modification.

haku reserves the right, at its sole discretion, to modify or replace any of the
terms or conditions of this Terms of Service at any time. It is your
responsibility to check this Terms of Service periodically for changes. Your
continued use of the Service following the posting of any changes to this Terms
of Service constitutes acceptance of those changes. If any change to this Terms
of Service is not acceptable to you, your sole remedy is to cease accessing and
using the Service.

1.3 Language.

We may translate this Terms of Service, our Privacy Policy or any other
operating rules, policies and procedures that may be published from time to time
on the Platform into other languages for your convenience. The English language
version of each of these documents is the version that governs your use of the
Service and in the event of any conflict between the English language version
and a translated version, the English language version will control.

2. DESCRIPTION OF HAKU.

haku provides a simple and quick means for Participants to register for
Organizer events and purchase related merchandise and make donations related to
such events. Participants may pay for such events and merchandise and make such
donations online through the Service.

3. PRIVACY.

All information provided by you or otherwise collected by haku in connection
with the Service is governed by haku's Privacy Policy, located at
www.hakusports.com/legal, which is hereby incorporated by reference into this
Terms of Service. haku strongly recommends that you review the Privacy Policy
closely and fully understand the Privacy Policy before providing any Personal
Data through the Service. We do not process any Personal Data of a Participant,
except per the terms of haku’s agreement with the applicable Organizer or other
lawful instructions from that Organizer. You should take care to protect your
Personal Data, private information, and information that is important to you.
While we take reasonable steps to protect the Personal Data and other
information provided through the Service, haku shall not be responsible for
protecting any such information and is not liable for the protection of privacy
of electronic mail or other information transferred through the Internet or any
other network that you may use, except as provided by applicable law. haku does
not control and shall not be responsible for the acts of you or any other users
(whether Organizers, Participants, Visitors, or otherwise) of the Service.

4. YOUR USE OF THE SERVICE.

4.1 Granting the Right to Use.

haku hereby grants you a non-exclusive, non-transferable, non-sublicensable
right to access and use the Service solely for the purposes of browsing the
Platform, and searching for, viewing, registering for, and interacting with, an
event that is listed through Service, in each case (i) in compliance with this
Terms of Service, and (ii) to the extent permitted under all applicable laws and
regulations.

4.2 Restrictions.

Notwithstanding the foregoing, you shall not, and shall not permit anyone else
to, directly or indirectly: (i) modify, reproduce or otherwise create
derivatives of any part of the Service or the Platform Content (as defined
below); (ii) reverse engineer, disassemble, decompile, decode, or otherwise
attempt to discover the source code or structure, sequence and organization of
all or any part of the Service; (iii) intentionally bypass, breach, disable or
defeat any security feature or protection used in, or in connection with, the
Service; (iv) rent, lease, lend, resell, sublicense, assign, distribute,
publish, transfer, or use the Service for timesharing, service bureau, or
commercial purposes; (v) remove or alter any proprietary or legal markings,
legends, notices, restrictions, or labels on or in the Service or the Platform
Content; (vi) at any time, use, develop, distribute, or aid others in developing
any software or service which is substantially functionally similar to any part
of the Service, and/or which infringes any intellectual property rights of haku;
(vii) engage in any activity that interferes with or disrupts the Service or the
use of the Service by others; (viii) export or re-export the Platform (a) into
any country prohibited by the United States Export Administration Act and
related regulations; (b) into any U.S.-embargoed country; or (c) to any person
or entity on the U.S. Treasury Department's Specially Designated Nationals List
or the U.S. Department of Commerce Denied Persons List or Entity List; (ix)
share access to the Service with an unauthorized person or entity; (x) use any
part of the Service for any third party or allow any third party to use any part
of the Service; (xi) use the Service for any purposes prohibited by United
States or other national or international law, including, without limitation,
the development, design, manufacture, or production of nuclear, missile, or
chemical or biological weapons or any other similar use, including but not
limited to aviation navigation or communication systems, life support systems
and equipment; or in special risk areas that require error-free, permanent
supervision or operation of relevant systems and in which the failure of the
software may result in a direct risk for life, body, health or in substantial
damages to property or the environment; (xii) attempt to gain unauthorized
access to any part of the Service, account, computer system or network
associated with the Service, haku or any other customer or supplier of haku;
(xiii) use any part of the Service to infringe or violate the rights of any
other party or contribute to or encourage infringing or otherwise unlawful
conduct; (xiv) use the Service to violate any applicable law.

5. PAYMENT

5.1 Independent Relationship.

All payments by Participants are made through third-party processors. With
respect to such payments, Participants are bound by the applicable terms of use
governing the third-party payment processor.

5.2 Refund Policy.

haku will not be responsible to you for a refund, in whole or part, for any
reason, for any fees whatsoever, including event registration fees. It is the
responsibility of the applicable Organizer to communicate its refund policy to
Participants and to issue refunds to Participants via the Service or
otherwise. If a Participant desires to request a refund, the Participant must
request a refund directly to and from the Organizer. All communications or
disputes regarding refunds are between the Organizer and Participant, and haku
shall not be responsible or liable for refunds, errors in issuing refunds, or
lack of refunds in connection with the Service. If you are a Participant and you
wish to request a refund in connection with an event listed through the Service,
you should contact the applicable Organizer directly.

6. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Service as a Participant, you agree to: (i)
provide true, accurate, current, and complete information about yourself as
prompted by the Platform registration form (“Registration Data”) and (ii)
maintain and promptly update the Registration Data to keep it true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, not current, or incomplete, or haku has reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or incomplete,
haku has the right to suspend or terminate all of your accounts and refuse any
and all of your current or future use of the Service (or any portion thereof).
haku is concerned about the safety and privacy of all its users, particularly
children. You must be at least 18 years of age, or the legal age of majority
where you reside if that jurisdiction has an older age of majority, to register
for an account.

7. ACCOUNT, PASSWORD AND SECURITY.

As part of the Platform registration process, you have the option of either
signing up using your Facebook account or by creating a personal username,
password, and account. You are responsible for maintaining the confidentiality
of your username, password, and account, and are fully responsible for all
activities that occur under your account, including, without limitation, all
actions by sub-users registered under your account. You agree to (i) immediately
notify haku of any unauthorized use of your password or account or any other
breach of security, and (ii) ensure that you exit from your account at the end
of each session. haku cannot and will not be liable for any loss, damage, or
other liability arising from your failure to comply with this Section or from
any unauthorized access to or use of your account. In the event of any dispute
between two or more parties as to account ownership, you agree that haku shall
be the sole arbiter of such dispute in its sole discretion and that haku's
decision (which may include termination or suspension of any account subject to
dispute) shall be final and binding on all parties.

8. INTELLECTUAL PROPERTY.

8.1 haku Trademarks.

The trademarks, service marks, and logos of haku (“haku Trademarks”) used and
displayed in connection with the Service are registered and unregistered
trademarks or service marks of haku. Other company, product, and service names
used in connection with the Service may be trademarks or service marks owned by
third parties (“Third Party Trademarks”, and, collectively with haku Trademarks,
the “Trademarks”). The offering of the Service shall not be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed in connection with the Service without the prior written
consent of haku specific for each such use. The Trademarks may not be used to
disparage haku, any third party or haku’s or third party's products or services,
or in any manner (in haku’s sole judgment) that may damage any goodwill in the
Trademarks. Use of any Trademarks as part of a link to or from any site is
prohibited unless haku approves the establishment of such a link by prior
written consent specific for each such link. All goodwill generated from the use
of any haku Trademark shall inure to haku's benefit. haku reserves all rights
not expressly granted to you pursuant to this Terms of Service.

8.2 haku Copyrights.

All content included on the Platform, such as text, graphics, logos, button
icons, images, audio clips, and applications, as well as the compilation of any
of the foregoing (meaning the collection, arrangement and assembly) (“haku
Copyrights”), are the property of haku or its content suppliers and protected by
U.S. and international copyright laws. You acknowledge and agree that haku
Copyrights presented to you through the Platform or by any third party
advertisers are protected by all relevant proprietary rights and laws. Except as
expressly authorized by haku or such third party advertisers, you agree not to
modify, rent, lease, loan, sell, distribute, or create derivative works based on
the Platform and/or the Service, in whole or in part. haku reserves all rights
not expressly granted to you pursuant to this Terms of Service.

9. CONTENT.

9.1 Platform Content.

You agree that all material, excluding Personal Data, but otherwise including,
without limitation, information, data, text, design elements, graphics, images,
audio, video, and other content (“Content”), contained in or delivered via the
Service or otherwise made available by haku in connection with the Service
(“Platform Content”) is protected by copyrights, trademarks, service marks,
trade secrets, or other intellectual property and other proprietary rights and
laws. haku may own the Platform Content, or portions of the Platform Content may
be made available to haku through arrangements with third parties. Except as
expressly authorized by haku in writing or in connection with your use of the
intended functionality of the Service, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works of any Platform
Content, or post any Platform Content on any other web site or in a networked
computer environment for any purpose. You shall use the Platform Content only
for purposes that are permitted by this Terms of Service, your agreement with
haku, and any applicable laws and regulations (foreign and domestic). Any rights
not expressly granted in this Terms of Service are reserved.

9.2 Your Content.

You acknowledge and agree that if you contribute, provide, or make available any
Content to the Platform (“Your Content”), you hereby grant to haku a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable,
sublicensable (through multiple tiers) right and license to use, reproduce,
adapt, modify, distribute, translate, publish, create derivative works based on,
perform, display, and otherwise exploit Your Content, in whole or in part, in
any media now known or hereafter developed, for any purpose whatsoever, provided
that with respect to your Personal Data, such right and license is subject to
our Privacy Policy and applicable law. Please refer to our Privacy Policy for
how we use and otherwise process Personal Data. You represent and warrant that
you have all the rights, power, and authority necessary to grant the foregoing
license, and that Your Content (i) does not infringe, violate, misappropriate,
or otherwise conflict with the rights, including intellectual property rights,
of any third party, and (ii) complies with all applicable laws and regulations
(foreign and domestic). In addition, Your Content must be accurate and
truthful.  haku reserves the right to remove any of Your Content from the
Platform at any time if haku believes in its sole discretion that it does not
comply with this Terms of Service. In addition, you agree that haku may use your
company name and logo (whether or not you have made it available through the
Platform) for the purpose of identifying you as an existing or past customer of
haku both on the Platform and in marketing and promotional materials.

9.3 DMCA.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that any
Content made available in connection with the Service infringes your copyright,
you (or your agent) may send us a notice requesting that the Content be removed,
or access to it blocked. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for
details). Notices and counter notices with respect to the Services should be
sent to:

haku App Corporation, Inc.
Attn: Designated DMCA Agent
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DMCAAgent@hakusports.com

haku has adopted and currently implements a policy of terminating, in
appropriate circumstances, the accounts of users who are deemed repeat
infringers or who are repeatedly charged with infringement.

10. CONDUCT.

10.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you
provide or otherwise make available to or through the Service, including to
Organizers and other users of the Service. You agree not to use the Service to:

 * upload, post, e-mail, 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;
 * upload, post, e-mail, transmit, or otherwise make available any Content that
   is false, inaccurate, incomplete, untimely, or misleading;
 * target or harm minors in any way;
 * facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes,
   and/or any other activity featuring the award of a prize other than raffles,
   contests, or sweepstakes conducted in a manner that complies with the law;
 * impersonate any person or entity, including, but not limited to, a haku
   representative or forum leader, 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;
 * upload, post, e-mail, transmit, or otherwise make available any Content that
   you do not have a right to make available under any law or under contractual
   or fiduciary relationships (such as inside information, proprietary and
   confidential information learned or disclosed as part of employment
   relationships or under nondisclosure agreements);
 * upload, post, e-mail, transmit, or otherwise make available any Content that
   infringes any patent, trademark, trade secret, copyright, or other
   intellectual property or proprietary rights of any person or entity;
 * upload, post, e-mail, transmit, or otherwise make available any Content
   related to the sale or provision of goods and services other than the sale or
   provision of registrations to events listed on the Platform and other goods
   and services being sold or provided in conjunction with such events;
 * upload, post, e-mail, transmit, or otherwise make available any Content 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 or to otherwise interact
   with the Service in a manner not permitted by this Terms of Service or
   expressly authorized by haku;
 * interfere with or disrupt the Service or servers or networks connected to the
   Service, interfere with the use of Service by others, or disobey any
   requirements, procedures, policies, or regulations of networks connected to
   the Service;
 * intentionally or unintentionally violate any applicable law or regulation;
 * use an inappropriate member name of any kind;
 * provide material support or resources (or to conceal or disguise the nature,
   location, source, or ownership of material support or resources) to any
   organization(s) designated by the United States government as a foreign
   terrorist organization pursuant to section 219 of the Immigration and
   Nationality Act;
 * stalk or otherwise harass any person or entity; or
 * collect or store Personal Data about other users in connection with the
   prohibited conduct and activities set forth in paragraphs above.

10.2 Certain Remedial Rights.

You acknowledge that haku does not pre-screen any Content provided or made
available by you or any third party in connection with the Service, but that
haku and its designees shall have the right (but not the obligation) in their
sole discretion to (i) monitor, alter, edit, or remove any of your Content, in
whole or in part, and/or (ii) rescind and terminate your right to use the
Service at any time (with or without notice) for any reason or no reason.

You acknowledge and agree that haku may preserve your Content and may also
disclose your Content for any reason, including, without limitation, if required
to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (i) comply with legal process; (ii) enforce this
Terms of Service; (iii) respond to claims that any of your Content violates the
rights of third parties; and/or (iv) protect the rights, property, or personal
safety of haku, its users, and/or the public, provided that Personal Data is
subject to our Privacy Policy and applicable law.

You understand that the technical processing and transmission of the Service,
including Your Content, may involve (i) transmissions over various networks;
and/or (ii) changes to conform and adapt to technical requirements of connecting
networks or devices.

11. LINKS

As a convenience to our users, the Service may provide, or third parties may
provide, links to third-party websites or resources. The linked websites are not
under our control, and we make no representations as to the quality,
suitability, functionality, or legality of any such websites or resources. You
acknowledge and agree that haku is not responsible for the availability of such
websites or resources, and does not endorse and is not responsible or liable for
the terms and conditions of use, privacy policy, practices, and any Content,
advertising, products, services, or other materials on or available from such
websites or resources. You further acknowledge and agree that haku shall not be
responsible or liable for any damage or loss caused or alleged to be caused by
or in connection with any use of or reliance on such terms and conditions of
use, privacy policy, practices, and any Content, advertising, products,
services, or other materials available on or through any such site or resource.
You hereby waive any claim you might have against haku with respect to such
websites or resources. We encourage you to be aware of when you leave our
Platform and to read the terms and conditions of use and privacy policy of each
website you visit. If you have a question about the terms and conditions of use,
privacy policy, practices, or content of a third party website, please contact
the applicable third party directly.

You may link to the Platform’s homepage, provided you do so in a way that is
fair, legal, consistent with this Terms of Service and does not damage our
reputation or take advantage of the Service, but you may not establish a link in
such a way as to suggest any form of association, approval, or endorsement on
our part where none exists. You may not establish a link from any website that
is not owned by you. The Platform may not be framed on any other website, nor
may you create a link to any part of the Platform other than the homepage. You
agree to cooperate with us in causing any unauthorized framing or linking to
cease immediately. We reserve the right to withdraw linking permission without
notice.

12. MESSAGES AND ALERTS FROM HAKU.

12.1 Promotional Messages

haku and/or third parties may occasionally, consistent with our Privacy Policy,
send e-mails and/or SMS text messages to you containing advertisements and
promotions. You agree, according to our Privacy Policy, to receive such
promotional messages, as well as certain periodic communications, from haku,
including, but not limited to, newsletters, content, updates, and announcements,
and that these communications are considered part of the Service.

BY USING THE SERVICE, YOU HEREBY GIVE HAKU, AND ITS SERVICE PROVIDERS, EXPRESS
CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING
YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH
INFORMATION AND OFFERS RELATED TO THE SERVICE AND/OR YOUR USE OF THE SERVICE,
INCLUDING ADVERTISING AND PROMOTIONAL INFORMATION. BY USING THE SERVICE, YOU ARE
ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND
E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED
THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING
TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE
OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS
PROVISION ARE NOT A CONDITION OF YOUR USE OF THE SERVICE OR REGISTRATION FOR THE
SERVICE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE
TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED
FOR THE CALL UNDER YOUR PHONE PLAN. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY
BE BILLED TO YOU BY YOUR COMMUNICATIONS CARRIERS WHEN WE CONTACT YOU.

haku makes no representation or warranty with respect to the content of any such
communications or any goods or services which may be obtained from third
parties, and you agree that neither haku nor such third party shall have any
liability with respect to the content of any such communications or any goods or
services which may be obtained from such third parties. If you want to opt-out
of receiving e-mails and other future contact from such third party you must
contact the applicable third party directly. You acknowledge and agree that we
shall not be a party to, or in any way responsible for, any transaction
involving products or services made available from third parties or for any
content relating to any products or services offered by third parties. You can
opt-out of receiving communications from us by following the unsubscribe
instructions included in our communications, changing your notification settings
within the Service, or contactingDPO@hakusports.com with your opt-out request.

12.2 Event Alerts

haku uses SMS text message notifications to provide Participants with alerts
related to a particular event (“Event Alerts”). For instance, after subscribing
to Event Alerts for a particular event, a Participant, or friend or family
member of the Participant, can track the Participant’s progress throughout the
event through periodic alerts and receive pertinent announcements, such as
changes in the event schedule. The number and frequency of Event Alerts received
is dependent on the category of Event Alerts and type of event the Participant
subscribes for. For instance, a subscriber may receive a greater number of
alerts for a marathon race as compared to a 5k race due to the difference in
length of the two types of races.

All terms and conditions of Event Alerts are set forth in this Terms of Service
and our Privacy Policy. haku provides links to both of these documents when
subscribing to Event Alerts. While haku does not charge any form of premium rate
or subscription fee to subscribe to and receive Event Alerts, message and data
rates of your carrier may apply. For help related to Event Alerts, please email
support@hakusports.com. You may opt out of receiving any Event Alerts at any
time by replying “STOP” to any Event Alert.

The following terms, including STOP and HELP instructions, are included in every
message sent through Event Alerts:

For help email support@hakusports.com. Msg & data rates may apply. Msg frequency
may vary. Reply STOP to cancel.

13. INDEMNITY.

You agree to indemnify, defend, and hold haku, and its affiliates, and each of
its and their respective officers, directors, agents, co-branders, other
partners, and employees, harmless from any and all damage (whether direct,
indirect, incidental, consequential or otherwise), loss, liability, cost and
expense (including, without limitation, reasonable attorneys and accounting
fees) resulting from any claim, demand, suit, proceeding (whether before an
arbitrator, court, mediator or otherwise), or investigation made by any third
party (each a “Claim”) due to or arising out of: (i) your use of, contribution
to, or connection with the Service; (ii) your breach of any representation and
warranty made to haku; (iii) your Content; and/or (iv) your violation of this
Terms of Service. haku shall provide notice to you of any such Claim, provided
that the failure or delay by haku in providing such notice shall not limit your
obligations hereunder. haku reserves the right to assume the exclusive defense
and control of any matter, at your sole cost and expense, which is subject to
indemnification under this Section, and in such case, you agree to cooperate
with all reasonable requests in assisting haku's defense of such matter.

14. SERVICE MODIFICATIONS/SUSPENSIONS.

Your use of the Service may be interrupted from time to time for any of several
reasons, including, without limitation, the malfunction of equipment, periodic
updating, maintenance or repair, or other actions that we may take in our sole
discretion and from time to time. haku reserves the right at any time to, and
from time to time may, modify, suspend, or discontinue, temporarily or
permanently, the Service (or any part thereof) for any reason or no reason with
or without notice. haku will not be responsible to you for a refund, in whole or
part, of applicable transaction fees for any reason.  You agree that haku shall
not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Service.

15. TERMINATION.

haku, in its sole discretion, may terminate your password, accounts (or any part
thereof), and/or your right to use the Service, and remove and discard any and
all of Your Content within the Service, at any time for any reason or no reason,
including, without limitation, for lack of use, failure to timely pay any fees
or other monies due haku, or if haku believes that you have violated or acted
inconsistently with the letter or spirit of this Terms of Service. You agree
that any termination of your right to use the Service may be effected without
prior notice, and acknowledge and agree that haku may immediately deactivate or
delete your account and all related Content and files related to your account
and/or bar any further access to such files or the Service. Further, you agree
that haku shall not be liable to you or any third-party for any termination of
your right to use or otherwise access the Service.

16. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE
REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN
AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE AND YOUR USE
OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY
INDUCED HAKU TO ENTER INTO THIS TERMS OF SERVICE WITH YOU. THE DISCLAIMER OF
WARRANTIES SET FORTH IN THIS TERMS OF SERVICE FORMS AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN YOU AND HAKU AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE
REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAKU HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HAKU MAKES NO WARRANTY THAT:
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV)
ANY ERRORS IN THE SERVICE WILL BE CORRECTED. HAKU WILL HAVE NO LIABILITY WITH
RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (IV) ABOVE. HAKU IS NOT
RESPONSIBLE FOR AND MAKES NOT REPRESENTATION OR WARRANTY WITH RESPECT TO
VETTING, USE OR LOSS OF ANY OF YOUR CONTENT BEFORE, DURING OR AFTER AN EVENT.
HAKU IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT
TO VETTING OR LOSS OF ANY OF YOUR PERSONAL DATA BEFORE, DURING OR AFTER AN
EVENT. YOU ARE SOLELY RESPONSIBLE FOR BACKING-UP AND STORING YOUR PERSONAL DATA.
YOU ACKNOWLEDGE THAT HAKU HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE
QUALITY, SAFETY, OR LEGALITY OF EVENTS, THE TRUTH OR ACCURACY OF ANY USERS'
(INCLUDING ORGANIZERS, PARTICIPANTS, AND VISITORS) CONTENT OR LISTINGS, OR THE
ABILITY OF ANY USER (INCLUDING ORGANIZERS AND PARTICIPANTS) TO PERFORM, OR
ACTUALLY COMPLETE A TRANSACTION. HAKU HAS NO RESPONSIBILITY FOR, AND HEREBY
DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTY
SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the
misconduct of Organizers, Participants, Visitors, and/or third parties in
connection with the Platform or any Service to haku. haku, in its sole
discretion, may investigate the claim and take necessary action.

17. LIMITATION OF LIABILITY.

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE
REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN
AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE, YOUR USE OR
INABILITY TO USE THE SERVICE, OR THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF
AND MATERIALLY INDUCED HAKU TO ENTER INTO THIS TERMS OF SERVICE WITH YOU. THE
LIMITATION OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE FORMS AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN YOU AND HAKU AND SHALL CONTINUE TO APPLY EVEN IF
ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

HAKU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY
OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, FOR: (I) ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF HAKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE, (III) AMOUNTS IN
EXCESS OF US $100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE
OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, OR (IV) ANY MATTERS BEYOND
HAKU'S REASONABLE CONTROL. HAKU SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF
YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING
LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. DISPUTE RESOLUTION.

18.1 Arbitration.

Any controversy, claim, or dispute arising, directly or indirectly, out of this
Terms of Service or your use of the Service, including, without limitation, the
applicability or scope of these terms to arbitrate, shall be determined by
final, binding arbitration (“Arbitration”). The Arbitration shall be
administered in English by JAMS pursuant to JAMS’ International Arbitration
Rules for three (3) arbitrators (“Rules”). If the parties are unable to mutually
agree on an arbitrator within fifteen (15) days of the notice of arbitration,
the arbitrator shall be appointed by JAMS in accordance with the Rules. The
venue for the Arbitration will be in Miami-Dade County, Florida. The parties
shall maintain the confidential nature of the Arbitration proceedings, hearing
and award, except as is necessary (i) to prepare for the Arbitration proceedings
and hearing; (ii) to compel Arbitration; (ii) to enforce an Arbitration award;
or (iii) for an injunctive relief action.

Any Arbitration award or decision will be final and binding on the parties, and
judgment upon any such award may be entered in any court having competent
jurisdiction to enforce such an award. Except as otherwise specifically set
forth in this Agreement, no action at law or in equity based upon any claim
relating, directly or indirectly, to this Terms of Service may be instituted in
any court by any party, except: (i) an action to compel Arbitration pursuant to
this section; (ii) an action to enforce an award obtained in an Arbitration
proceeding in accordance with this section; or (iii) an action for injunctive
relief. Any Arbitration relating, directly or indirectly, to this Terms of
Service must occur on an individual basis, and class arbitrations and class
actions are hereby specifically agreed to as not permitted.

18.2 Governing Law; Venue; Jurisdiction.

The Agreement shall be governed by, and construed in accordance with, the laws
of the State of Florida (without giving effect to principles of conflicts of
laws). The U.N. Convention on Contracts for the International Sale of Goods is
expressly excluded. For any action or proceeding to enforce Arbitration or an
Arbitration ruling or for an action for injunctive relief, haku, Participant,
and Visitor each expressly consent to the (i) venue of Miami-Dade County,
Florida, USA, and each party hereby expressly waives any objection to such venue
based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state
and/or federal courts in and/or for Miami-Dade County, Florida, USA.

18.3 Waiver of Jury Trial

HAKU, PARTICIPANT, AND VISITOR EACH HEREBY WAIVE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR
ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS
TERMS OF SERVICE OR YOUR USE OF THE SERVICE. HAKU, PARTICIPANT, AND VISITOR
EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY
OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER
PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING
WAIVER; AND (II) ACKNOWLEDGE THAT IT HAS BEEN INDUCED TO ENTER INTO THE TERMS OF
SERVICE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS
WAIVER OF JURY TRIAL.

18.4 Injunctive Relief.

Notwithstanding the Arbitration obligation set forth above, haku, Participants,
and Visitors each will have the right, in addition to its other rights and
remedies, to seek and obtain injunctive relief in court for any violation of
this Terms of Service or your use of the Service, and each party hereby
expressly waives any objection, in any such equitable action, that the other
party may have an adequate remedy at law.

18.5 Prevailing Party Attorneys’ Fees.

In the event of any Arbitration, legal proceeding, or action for injunctive
relief arising out of or relating to this Terms of Service or your use of the
Service, the prevailing party in such Arbitration, legal proceeding, or action
for injunctive relief shall be entitled to an award of their reasonable
attorneys’ fees and costs (including, without limitation, all taxable and
non-taxable costs, and all fees and costs to determine the amount of fees and
costs to be awarded) incurred prior to any such Arbitration, legal proceeding,
or action for injunctive relief, as well as at all levels of trial and appeal.

18.6 Cumulative Remedies.

The rights and remedies set forth in this Terms of Service are cumulative and
concurrent and may be pursued separately, successively or together.

19. INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and Content. By way of illustration and not
limitation, you agree to comply with all applicable laws and regulations
restricting or otherwise pertaining to the use, transmission, display,
exporting, or importing of data, products, services, and/or technical
information. We reserve the right, at any time and in our sole discretion, to
limit the availability and/or use of the Service to any person, geographic area,
or jurisdiction.

In addition, the Service are subject to United States export controls. No part
of the Service may be exported or re-exported into, or to a national or resident
of, any country to which the U.S. has embargoed goods and/or services of the
same type as the Service. By using the Service or any part thereof, you
represent and warrant that you are not located in, and you are not a national or
resident of, any such country. Further, no part of the Service may be exported
or re-exported to any person or entity appearing on the Office of Foreign Assets
Control's Specially Designated Nationals and Blocked Persons List or the Bureau
of Industry and Security's Denied Persons List. By using the Service or any part
thereof, you represent and warrant that you are not a person or entity or under
the control of or affiliated with a person or entity that appears on any such
list.

20. GENERAL.

20.1 Entire Agreement.

This Terms of Service constitutes the entire agreement between you and haku and
governs your use of the Service as a Participant or Visitor, superseding any
prior or contemporaneous agreements, proposals, discussions, or communications
between you and haku on the subject matter hereof. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third party Content, or third party software or the Service in a manner other
than as governed by this Terms of Service.

20.2 Waiver; Invalid Provisions.

The failure or delay of haku to exercise or enforce any right or provision of
this Terms of Service shall not constitute a waiver of such right or provision.
No oral waiver, amendment or modification shall be effective under any
circumstance whatsoever. If any provision of this Terms of Service is found by
an arbitrator or court of competent jurisdiction to be invalid, the parties
nevertheless agree that the arbitrator or court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of this Terms of Service shall remain in full force and effect.

20.3 Notice.

The failure or delay of haku to exercise or enforce any right or provision of
this Terms of Service shall not constitute a waiver of such right or provision.
No oral waiver, amendment or modification shall be effective under any
circumstance whatsoever. If any provision of this Terms of Service is found by
an arbitrator or court of competent jurisdiction to be invalid, the parties
nevertheless agree that the arbitrator or court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of this Terms of Service shall remain in full force and effect.

20.4 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or this Terms of
Service must be filed within two (2) years after such claim or cause of action
arose or be forever barred.

20.5 Violations.

Please report any violations of this Terms of Service by e-mail to
info@hakusports.com.

20.6 Public Disclosure Restrictions.

haku includes the names and logos of haku’s customers on the haku website and in
marketing materials provided to prospective customers. You hereby grant haku a
limited, non-exclusive, perpetual, irrevocable, royalty-free and fully paid-up
right and license to include your name and logo on the haku website an in such
marketing materials.

20.7 Force Majeure.

Except for obligations of payment, if either party is prevented from performing
any of its obligations under this Terms of Service by circumstances beyond its
reasonable control, including, without limitation, as a result of labor
disputes, fires, earthquakes, explosions, floods, acts of God, war or other
hostilities, civil commotion, breakdown of machinery not owned by a party,
domestic or foreign governmental acts, orders or regulations and inability or
difficulty in obtaining supplies, then the party so affected shall be excused
from its performance under this Terms of Service so long as such condition
exists.

20.8 Independent Contractor

The relationship of the parties to one another is, and shall at all times
remain, solely that of independent contractors. Nothing in this Terms of
Service, or any course of performance hereunder, shall create any joint venture,
partnership, or franchise or to constitute a party as principal, agent, master,
servant, employer, employee, or fiduciary of the other party. No party nor any
of its agents, shall have any express or implied power or authority of any kind
to act on behalf of the other party, or to bind the other party or to incur any
form of liability or obligation on behalf of the other party.

20.9 Binding Effect.

Except as expressly provided in this Terms of Service, nothing in this Terms of
Service will confer any rights or remedies under or by reason of this Terms of
Service on any person or entity other than the parties and their respective
successors and permitted assigns.

20.10 No Assignment.

You shall not assign this Terms of Service, or any right or obligation pursuant
to this Terms of Service, without the prior written consent of haku.

20.11 Severability.

The determination by any court of competent jurisdiction that any provision of
this Terms of Service is not enforceable in accordance with its terms shall not
affect the validity or enforceability of the remaining provisions of this Terms
of Service.

20.12 Your Agreement to Be Bound and Survival.

Your agreement to be bound by these Terms of Service commence with your
accessing or using the Service or otherwise submitting information to beycome
through the Service, and your agreement to be so bound will continue until your
right to access and use the Service is either canceled or terminated, subject to
the survival of each of the following after such cancellation or termination:
Sections 3, 4.2, 5, 7 through 10, 13, and 15 through 20 of these Terms of
Service, our Privacy Policy, and any other obligation you have to haku. If,
following the cancellation or termination of your right to access and use the
Service, you access or use the Service or otherwise submit information through
the Service, then you again, automatically and immediately, are bound by these
Terms of Service.

20.13 Counterparts and Electronic Versions.

These Terms of Service may be accepted in multiple counterparts, each of which
shall be deemed to be an original and of equal force and effect, and all of
which taken together shall constitute one and the same instrument. These Terms
of Service may be executed in electronic format and/or with digital signatures,
each party reserves the right to only maintain an executed copy of these Terms
of Service in electronic form, and each party hereby agrees that a print-out of
such electronic form of these Terms of Service will be deemed an original for
all purposes relating to the enforceability of these Terms of Service.


PRIVACY & DATA COLLECTION POLICIES


Last Revised: March 26, 2020

PRIVACY POLICY:

This Privacy Policy sets forth haku App Corporation, Inc.’s (“haku”, “we”, “us”,
or “our”) policy with respect to information, including personally identifiable
information and any other information relating to an identified or identifiable
natural person, of Organizers, Participants and Visitors (each also referred to
as “you” or “your”) provided through the Service (collectively, the “Personal
Data”).

By using the Service in any way, you are agreeing to this Privacy Policy which,
among other things, addresses how we collect, use, process, disclose, and store
your Personal Data and other information. Your access to and use of the Service
is also subject to our Terms of Service which can be found at
www.hakusports.com/legal. Any capitalized terms used, but not defined in this
Privacy Policy will have the meaning ascribed to such terms in the Terms of
Service. By providing Personal Data, and any other information, through the
Service, you represent that you have the authority to provide such Personal Data
and/or such other information.

We take the privacy of your Personal Data and other information seriously. We
have created this Privacy Policy to explain (1) what information we gather from
you when you use the Service, (2) how we may use such information, (3) how we
may disclose such information, (4) your choices regarding our use and disclosure
of such information, (5) the security measures we take to protect such
information, and (6) how you can contact us about our privacy practices. Please
read this Privacy Policy carefully, as it includes important information
regarding your Personal Data and other information.

If you have any questions or concerns regarding this Privacy Policy or our
practices, please do not hesitate to contact us at DPO@hakusports.com.

OUR ROLES WITH REGARD TO PERSONAL DATA:

1. Organizers (haku as data controller):

For Organizers, haku determines what Personal Data to collect from you and how
that Personal Data is used and/or disclosed, as described in this Privacy
Policy.

2. Participants (haku as data processor):

For Participants, the applicable Organizer determines what Personal Data to
collect from you and how that Personal Data is used and/or disclosed, while haku
processes that Personal Data on behalf of that Organizer. We do not processes
any Personal Data of a Participant, except per the terms of haku’s agreement
with the applicable Organizer or other lawful instructions from that Organizer.
Each Organizer is responsible for making sure that the privacy rights of its
Participants are respected. It is important that you carefully review and fully
understand the privacy policy and terms and conditions of the applicable
Organizer before providing Personal Data to that Organizer for processing by
haku.

3. Visitors (haku as data controller):

For Visitors, haku determines what Personal Data to collect from you and how
that Personal Data is used and/or disclosed, as described in this Privacy
Policy.

INFORMATION WE COLLECT AND/OR PROCESS:

When you interact with us through the Service, we may collect Personal Data and
other information from you, as further described below:

1. Information You Provide to Us:

Organizers: We collect Personal Data from you when you use the Service, such as
when you register for or engage haku to provide the Service as an Organizer,
contact us with inquiries, respond to one of our surveys, or use a certain
Service which requests Personal Data. The Personal Data we collect may include,
without limitation, your name, address, e-mail address, and other Personal Data
you provide to us as necessary to provide you with the Service. In addition, if
you use the Service to obtain Payments directly from Participants, we will
collect financial information from you (e.g., your bank account information or
an address to send checks) as necessary to facilitate Payments and comply with
tax requirements (e.g., processing your taxpayer identification number).

Participants:  We do not decide what Personal Data is requested from you or how
that Personal Data is collected. Organizers use the Service to request and
collect Personal Data from you at their discretion, which Personal Data will be
processed by haku in accordance with the terms of haku’s agreement with the
applicable Organizer or other lawful instructions from that Organizer. All of
your Personal Data is collected by Organizers as further described in the
section below “Information Participants Provide to Organizers through the
Service or Otherwise.”

Visitors:  If you visit or use our Platform, we collect Personal Data only if
and when you provide such Personal Data to us through online forms and surveys
or when you contact us through the Platform. The Personal Data we collect may
include, without limitation, your name, address, e-mail address, and other
Personal Data you voluntarily provide to us as necessary to fulfil any request
you make to haku.

2. Information Participants Provide to Organizers through the Service or
Otherwise:

Through the Service: By using the Service, Organizers can set up event
registration pages to request and collect information, including Personal Data,
of their choosing from Participants in connection with registration for,
purchasing tickets to, and/or donating to an Organizer's event listed through
the Service, as well as purchasing products offered by an Organizer through the
Service and registering for Event Alerts. If a Participant provides information,
including Personal Data, in this manner, we process such information through the
Service and provide such information to the Organizer of the applicable event.
Organizers determine what information to collect from you in accordance with
each Organizer’s privacy policy and terms and conditions. If you register for a
paid event, donate to any event, purchase tickets to any event, or purchase
products offered by Organizers in connection with any event, the applicable
Organizer will collect financial information from you (e.g., your credit card
number and expiration date, billing address, etc.). The applicable Organizer
determines the payment methods that it enables you to use and the financial
information it collects from you in accordance with its privacy policy and terms
and conditions.

Otherwise: Organizers may also collect your Personal Data by means other than
through the Service, such as through request forms or e-mails Organizers send to
you through their own platforms or systems. Organizers may also store historical
runner information, such as race participant names and race finish times from
previous years, according to each Organizer’s privacy policy and terms and
conditions. Such Organizers, at their discretion, may provide us with this
Personal Data to provide certain functionality of our Service to their
Participants.

3. Information We Automatically Collect from Your Use of the Service:

Information on Your Use of the Service:  In order to provide functionality to
and improve our Service for you, when you interact with the Service, we
automatically collect certain information on your use of the Service. The
information we collect includes, without limitation, internet protocol (IP)
addresses, internet browser type, other characteristics of your device and
software, domain names of your internet service provider, your approximate
geographic location, a record of your usage of the Service, and the time of your
usage.

Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar
Technologies:

Our Cookie Policy

This Cookie Policy explains how we use cookies and other similar technologies to
help us ensure that the Service function properly, prevent fraud and other harm,
and analyze and improve the Service in accordance with our Privacy Policy. If
you have any questions or concerns regarding our Cookie Policy, please do not
hesitate to contact us at DPO@hakusports.com.

What are cookies, pixel tags (aka clear GIFs or web beacons), local shared
objects and web storage?

 * Cookies:  A cookie is a piece of information that is placed on your web
   browser when you access and/or use the Service that stores text and which can
   later be read back by the Service or third parties. They are used to
   recognize your browser.
 * Pixel Tags (aka Clear GIFs or Web Beacons):  A pixel tag is a tiny invisible
   tag or graphic placed on certain parts of the Service, in e-mails or in
   certain other downloadable content, but not on your computer, mobile device
   or browser.
 * Local Shared Objects (aka Flash Cookies):  A local shared object is similar
   to a cookie, except it is stored on your computer or mobile device, instead
   of your browser, and it can store more than just text. The methods for
   controlling local shared objects are different than the methods for
   controlling cookies (as discussed below).
 * Web Storage (aka HTML5 Local Storage):  Web storage methods are similar to
   cookies but can store more information than cookies and usually store that
   information on a persistent basis.

How can I manage these technologies?

 * Cookies:  Cookies may be session cookies (i.e., last only for one browser
   session) or persistent cookies (i.e., continue in your browser until they are
   affirmatively deleted). You can manage cookies through your web browser's
   option settings and through those settings you may be able (i) to receive
   notifications when you are receiving new cookies, (ii) to disable cookies, or
   (iii) to delete cookies. Please refer to your web browser's help section for
   information on how to do this.
 * Pixel Tags:  Pixel tags do not store information on your computer, mobile
   device or browser (although they are occasionally downloaded to your computer
   if contained in an e-mail or other downloadable content) so cannot be managed
   by you.
 * Local Shared Objects:  Local shared objects are stored on your computer or
   mobile device. To learn how to manage privacy and storage settings for local
   shared objects visit
   http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
 * Web Storage:  Web Storage, or HTML5 Local Storage, is an industry-standard
   data storage technology that is implemented by browser manufacturers. Refer
   to your browser's help contents for procedures on how to manage settings for
   Web Storage.

What do you use these technologies for?

 * Essential (strictly necessary):  We use these technologies in a way that is
   essential for the operation of our Service. For example, we may use cookies
   to determine where to route your traffic to effectively distribute the
   workload across numerous computers.
 * Performance/Analytics:  We use these technologies to analyze how you use our
   Service and to monitor our Service. For example, we may place cookies that
   allow us (1) to measure the time of your requests to our servers and our
   responses, (2) to A/B test new features, (3) to record statistics about site
   usage, and (4) to track your activities on the Service.
 * Functionality:  We use these technologies to allow us to provide certain
   functionality on the Service and to remember your preferences. For instance,
   when you click the “remember me” box on our log in page we place a persistent
   cookie on your browser that allows our Service to pre-populate your e-mail
   address when you return. Other examples include remembering your preferences
   (such as language and location preferences), preventing web application
   vulnerabilities, allowing for Facebook Connect and other third party
   integrations, and in connection with providing search results.

Does anybody else use these technologies on the Service?

Most of the cookies and other technologies described above on our Service are
set by us or are used in connection with the Service and set by third party
service providers at our direction (“Third Party Cookies”). We may use Third
Party Cookies with respect to each of the uses set forth above. For example, we
use technologies from Google Analytics to measure performance/analytics and
technologies from Facebook to provide Facebook Connect functionality.
Occasionally, Organizers may use these technologies on their event pages for
their own purposes in accordance with each Organizer’s privacy policy and terms
and conditions.

4. Non-Personal Data:

We collect and create de-identified and aggregated information and other
non-Personal Data, which does not identify an individual personally
(“Non-Personal Data”). You agree that haku owns without restriction all
Non-Personal Data.

USE OF INFORMATION COLLECTED AND/OR PROCESSED:

1. Personal Data:

Organizers: We use the Personal Data we collect from you only where necessary
for the performance of our agreement with you, where necessary for compliance
with a legal obligation we are subject to, where necessary to pursue our
legitimate business interests, or where you have given consent where required
under applicable law. We may use the Personal Data as follows:

 * Specific Reason: If you provide Personal Data for a certain reason, we may
   use the Personal Data in connection with the reason for which it was
   provided. For instance, if you contact us by e-mail, we will use the Personal
   Data you provide to answer your question or resolve your problem and will
   respond to the e-mail address from which the contact came.
 * Access and Use: If you provide Personal Data in order to obtain access to or
   use of the Service or any other functionality, we will use your Personal Data
   to provide you with access to or use of the Service or any other
   functionality and to monitor your use of such Service or other functionality.
   For instance, if you supply payment information (e.g., bank account or credit
   card information) to the Service for the purpose of processing Payments as an
   Organizer, we will use that information to facilitate such purchases and/or
   process such Payments.
 * Internal Business Purposes: We may use your Personal Data for legitimate
   internal business purposes, including, without limitation, to help us improve
   the content and functionality of the Service, to better understand our users,
   to improve the Service, to protect against, identify, or address wrongdoing,
   to enforce our Terms of Service, to manage your account and provide you with
   customer service, and to generally manage the Service and our business.
 * Marketing: We may use your Personal Data to contact you in the future for our
   marketing and advertising purposes, including, without limitation, to inform
   you about services or events we believe might be of interest to you and to
   develop promotional or marketing materials and provide those materials to
   you. We use your Personal Data in this way given our legitimate interest in
   undertaking marketing activities to offer you products or services that may
   be of interest to you. Where an activity under this section may fall outside
   of our legitimate interests, we will obtain your consent prior to using your
   Personal Data in this way. Where haku contacts you by phone, text message, or
   voicemail using an automatic telephone dialing system, auto-dialer, or mass
   text message mailer, we will always obtain your express written consent prior
   to sending the communication. You can opt-out of receiving marketing
   communications from us by following the unsubscribe instructions included in
   our marketing communications, changing your notification settings within the
   Service, or contacting DPO@hakusports.com with your opt-out request.

If we intend to use any Personal Data in any manner that is not consistent with
this Privacy Policy, you will be informed of, and asked to consent to, such
anticipated use prior to or at the time at which the Personal Data is collected,
or we will obtain your consent subsequent to such collection but prior to such
use.

Participants:  The applicable Organizer determines what Personal Data is
collected, for what purpose that Personal Data is collected and used, and in
what manner that Personal Data is used. We do not use or otherwise process any
Personal Data or other information collected from Participants, except per the
terms of haku’s agreement with the applicable Organizer or other lawful
instructions from that Organizer. Organizers may use the Service to contact
Participants regarding Organizers’ current and past events according to their
privacy policies and terms and conditions, so you may receive e-mails from our
system that originate with such Organizers. We do not send e-mails from our
system to Participants, except per the terms of haku’s agreement with the
applicable Organizer or other lawful instructions from that Organizer.

Visitors: We only use your Personal Data for the specific reason initiated by
you. For instance, if you contact us by e-mail, we will use the Personal Data
you provide to answer your question or resolve your problem and will respond to
the e-mail address from which the contact came. We do not store your Personal
Data for any other reason and promptly delete your Personal Data once the
specific reason for the use has been extinguished.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may use
such information for any lawful purpose.

DISCLOSURE OF INFORMATION COLLECTED AND/OR PROCESSED:

1. Personal Data:

Whether you are an Organizer, a Participant, or a Visitor, we are not in the
business of selling your Personal Data. We consider this information to be a
vital part of our relationship with you. We do not sell your Personal Data to
third parties, including third party advertisers. There are, however, certain
circumstances in which we may disclose, transfer, or share your Personal Data
with certain trusted third parties without further notice to you, based on the
legitimate interests set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses
or assets. In the event of a corporate sale, merger, reorganization,
dissolution, or similar event, Personal Data may be part of the transferred
assets. You acknowledge and agree that any successor to or acquirer of haku (or
its assets) will continue to have the right to use your Personal Data and other
information in accordance with the terms of this Privacy Policy. In the event
the privacy policy of any successor to or acquirer of haku will instead apply to
your Personal Data and other information, we will notify you before your
Personal Data and other information is transferred and becomes subject to a
different privacy policy.

Subsidiaries and Affiliates: We may also share your Personal Data with our
subsidiaries and/or affiliates for purposes consistent with this Privacy Policy.
Our subsidiaries and affiliates will be bound to maintain that Personal Data in
accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties: We, like many businesses,
sometimes engage third parties to perform certain business-related functions for
us. Examples of such functions include mailing information, registration
fulfillment, fraud prevention, maintaining databases, and processing Payments.
When we engage a third party to perform such functions, we may provide them with
information, including Personal Data, in connection with their performance of
such functions.

Facebook and Other Third Party Connections: You can sign up with haku using your
Facebook account or connect your haku account to your Facebook account and other
accounts on similar third party services, in which case we may disclose or
transfer information relating to your haku account, including Personal Data,
with such third party services solely to ensure the functionality of such
connection and comply with your request to make such connection in accordance
with this Privacy Policy. For example, if you connect with Facebook and wish to
share a race finish time with your Facebook friends, we will provide Facebook
with your race finish time. We never request and/or collect your Personal Data
from any of these third party connections.

Legal Requirements: We may disclose your Personal Data if required to do so by
law (including, without limitation responding to a subpoena or request from law
enforcement, court or government agency) or in the good faith belief that such
action is necessary (i) to comply with a legal obligation, (ii) to protect or
defend our rights, interests or property or that of third parties, (iii) to
prevent, investigate, or identify possible wrongdoing in connection with the
Service, (iv) to act in urgent circumstances to protect the personal safety of
users of the Service or the public, or (v) to protect against legal liability.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may
share such information for any lawful purpose.

YOUR RIGHTS:

Whether an Organizer, a Participant, or a Visitor, you have certain rights under
applicable law with respect to your Personal Data. Organizers and Visitors may
affect these rights, where applicable, as further described below. If you are a
Participant, please review the privacy policy and terms and conditions of the
applicable Organizer to determine your rights with regard to the Personal Data
we process on behalf of that Organizer and contact that Organizer directly to
affect those rights.

For all requests made by Organizers or Visitors to haku under this section,
please contact us directly at the address specified below under “Contact Details
of the Data Protection Officer.” We will take reasonable steps to respond to
requests relating to Personal Data within thirty (30) days, however, we may
reject requests that we find to be unreasonable (i.e., require disproportionate
efforts or material changes to our information systems), impractical or abusive
(i.e., repetitive requests, requests made in bad faith, requests that would
compromise third party information). Note that you may not have access to or the
ability to update or delete Non-Personal Data, much of which is held in
aggregated form.

Right to Correct Inaccurate Personal Data: It is your responsibility and
obligation to ensure the Personal Data you provide to us and/or that we
otherwise process is complete and accurate. Organizers may correct and/or update
their Personal Data being stored by us by logging in and visiting the My Account
page. Organizers may also contact us directly with respect to Personal Data that
is not able to be corrected and/or updated through the My Account page. As
described in “Information We Process”, the Personal Data we collect from
Visitors is limited to only Personal Data that Visitors provide to us as
necessary to fulfil any requests made by Visitors to haku. Visitors can contact
us directly with requests to correct and/or update their Personal Data.

Right to Access Your Personal Data:  Organizers may access their Personal Data
we process by logging in and visiting the My Account page. Organizers may also
request access to their Personal Data we process and other information regarding
such Personal Data as granted by applicable law. As described in “Information We
Process”, the Personal Data we collect from Visitors is limited to only Personal
Data that Visitors provide to us as necessary to fulfil any requests made by
Visitors to haku. Visitors may request access to their Personal Data we process
and other information regarding such Personal Data as granted by applicable law.

Right to Erase Your Personal Data:  We may retain your Personal Data for as long
as you continue to use the Service in order to provide functionality of the
Service to you. You may close your account by contacting us, in which case we
will delete all of your Personal Data and Non-Personal Data from our Service,
except as restricted by applicable law.

You may also request that certain pieces of your Personal Data, or all of your
Personal Data, be deleted from our Service upon a sufficient showing that:

 * your Personal Data is no longer necessary for the purposes for which they
   were collected or otherwise processed;
 * you withdraw consent for our processing of your Personal Data where you had
   previously given us such consent to process your Personal Data;
 * you object to our processing and we do not have any legal basis for
   continuing to process your Personal Data;
 * your Personal Data has been processed unlawfully; or
 * your Personal Data has to be deleted to comply with applicable law.

Right to Restrict the Processing of Your Personal Data:  You may request that we
refrain from certain processing of your Personal Data upon a sufficient showing
that:

 * your Personal Data is no longer necessary for the purposes for which they
   were collected or otherwise processed;
 * you withdraw consent for our processing of your Personal Data where you had
   previously given us such consent to process your Personal Data;
 * you object to our processing and we do not have any legal basis for
   continuing to process your Personal Data;
 * your Personal Data has been processed unlawfully; or
 * your Personal Data has to be deleted to comply with applicable law.

Right to Restrict the Processing of Your Personal Data:  You may request that we
refrain from certain processing of your Personal Data upon a sufficient showing
that:

 * you contest that your Personal Data is accurate (however we will begin
   processing such Personal Data again if and once we verify the accuracy such
   Personal Data);
 * the processing of your Personal Data is unlawful but you do not want us to
   erase your Personal Data;
 * we no longer need the Personal Data for the purposes of our processing, but
   you need the Personal Data for the establishment, exercise, or defense of
   legal claims; or
 * you contest to our processing of your Personal Data because you believe that
   the legitimate interests for which we process your Personal Data are
   overridden by your privacy interests.

Where we restrict any processing of your Personal Data, we may still store that
Personal Data but we will not further process such Personal Data, except with
your consent or to comply with applicable law.

Right to Have Your Personal Data Transferred:  You may request that we transfer
your Personal Data directly to another controller.

Right to Withdraw Consent and Object to Processing of Your Personal Data:  You
may withdraw your consent to our processing of any Personal Data for which we
have obtained your consent by notifying us of such withdrawal. Upon withdrawal
of your consent, we will cease all processing of that Personal Data, including
storage, except where restricted by applicable law. You may also object to our
processing of your Personal Data where you disagree with the legitimate
interests for which we process such Personal Data.

YOUR CHOICES:

If you are an Organizer or Visitor, you have several choices available when it
comes to your Personal Data, as described below. If you are a Participant,
please review the privacy policy and terms and conditions of the applicable
Organizer, or contact that Organizer directly, to determine your choices with
regard to the Personal Data we process on behalf of that Organizer.

Limit the Personal Data You Provide:   You can use the Service without providing
any Personal Data or with limiting the Personal Data you provide. If you choose
not to provide any Personal Data or limit the Personal Data you provide, you may
not be able to use certain functionality of the Service. For instance, in order
to open an account, or create events for registration, your name and e-mail
address will be required.

Opt-Out:  You can opt-out of receiving communications from haku by following the
unsubscribe instructions included in our communications, changing your
notification settings within the Service, or contacting DPO@hakusports.com with
your opt-out request. You may modify your choices at any time in your haku
account. It may take up to 24 hours for us to process an unsubscribe request.
Note that you cannot unsubscribe from update communications about the Service.
You can stop receiving Service communications only by contacting us
at info@hakusports.com and closing your account. By electing to stop receiving
all communications from us or through our system you will no longer receive any
updates on your account or on events you are registered to attend or have
previously attended, including communications regarding refunds. We do not
recommend that you do this unless you plan to no longer use the Service, are not
currently registered for an event, are not currently organizing an event, and
will have no need to receive further communications from us or through our
system. Even after you opt-out of all communications, where allowed under
applicable law, we will retain your Personal Data and Non-Personal Data in
accordance with this Privacy Policy, however, we will no longer use it to
contact you.

Do Not Track:   We currently do not participate in any “Do Not Track” frameworks
that would allow us to respond to signals or other mechanisms from you regarding
the collection of your Personal Data.

STORAGE AND SECURITY:

Subject to this Privacy Policy, and unless you otherwise provide us with
specific instructions , we will only store your Personal Data for as long as is
necessary to fulfill our Terms of Service with you and provide you with the
Service, or as otherwise required by law. We are routinely updating and
implementing technical, administrative and physical security measures to help
protect your information, including Personal Data, against unauthorized access,
loss, destruction, or alteration. Some of the safeguards we use to protect your
information are firewalls and data encryption, information access controls,
controlled access to our facilities, and 24/7 monitoring of our systems
databases. However, no Internet or e-mail transmission is ever fully secure or
error free. You should take special care in deciding what information you send
or otherwise make available to us. Please keep this in mind when disclosing any
Personal Data via the Internet.

UNSOLICITED INFORMATION:

This Privacy Policy shall not apply to any unsolicited information you provide
to us or another user or visitor through the Service or through any other means.
This includes, but is not limited to, information posted to any public areas of
the Service, such as bulletin boards, any ideas for new products or
modifications to existing products, claim or demand letters, Digital Millennium
Copyright Act notices, and other unsolicited submissions (collectively,
“Unsolicited Information”). All Unsolicited Information shall be deemed to be
non-confidential and we shall be free to reproduce, use, disclose, distribute
and exploit such Unsolicited Information without limitation or attribution.
However, if any of your Personal Data is included in any Unsolicited Information
we will only process that Personal Data in compliance with this Privacy Policy
and applicable law.

CHILDREN UNDER THE AGE OF 18:

We do not knowingly collect Personal Data from children under the age of 18
without first obtaining parental or legal guardian consent. If you are under the
age of 18, you may not submit any Personal Data through the Service unless and
until consent is provided by your parent or legal guardian. We will take
reasonable steps to verify such parental consent and may request additional
information, including Personal Data, from such parent or legal guardian for
this limited purpose. We encourage parents and legal guardians to monitor their
children's Internet usage and to help enforce our Privacy Policy by instructing
their children never to provide Personal Data through the Service without the
permission of their parent or legal guardian. If you have reason to believe that
a child under the age of 18 has provided Personal Data to us through the Service
without the consent of their parent or legal guardian, please contact us at
DPO@hakusports.com, and we will delete that information from our databases.

LINKS TO OTHER WEB SITES:

This Privacy Policy applies only to the Service. The Service may contain links
to other websites not operated or controlled by us (“Third Party Sites”). The
policies and procedures we described here do not apply to the Third Party Sites.
The links from the Service do not imply that we endorse or have reviewed the
Third Party Sites. We suggest contacting those sites directly for information on
their privacy policies.

INTERNATIONAL PRIVACY LAWS:

If you are visiting the haku website or using the Service from outside the
United States, please be aware that you are sending information (including
Personal Data) to the United States where our servers are located. We will hold
and process your Personal Data and Non-Personal Data in accordance with this
Privacy Policy, the privacy laws of the United States, and as otherwise required
by our Organizers. Please note that privacy laws in the United States may not be
the same as, and in some cases may be less protective than, the privacy laws in
your country.

CHANGES TO THIS PRIVACY POLICY:

The Service and our business may change from time to time. As a result, at times
it may be necessary for us to make changes to this Privacy Policy. We reserve
the right, in our sole discretion, to update or modify this Privacy Policy at
any time (collectively, “Modifications”). In certain circumstances haku may, but
need not, provide you with notice of such Modifications, such as via e-mail or
with in-Service notifications. Modifications will be effective 30 days following
the “Last Updated” date or such other date as communicated in any other notice
to you. Please review this policy periodically, and especially before you
provide any Personal Data. This Privacy Policy was last updated on the date
indicated above. Your continued use of the Service following the effectiveness
of any Modifications to this Privacy Policy constitutes acceptance of those
Modifications. If any Modification to this Privacy Policy is not acceptable to
you, your sole remedy is to cease accessing, browsing and otherwise using the
Service.

CAN-SPAM ACT COMPLIANCE:

We are committed to being compliant with the Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All
e-mails you receive from haku or through the Service are intended to fully
comply with the CAN-SPAM Act.

IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER:

Organizers and Visitors:   haku is the data controller for all Organizers and
Visitors using the Service. haku can be contacted by writing to:

haku App Corporation, Inc.
Attn: Data Protection Officer
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DPO@hakusports.com

Participants:   The applicable Organizer is your data controller as a
Participant. Please contact your Organizer directly or visit your Organizer’s
privacy policy for more information on how to contact your data controller.

CONTACT DETAILS OF THE DATA PROTECTION OFFICER:

In order to oversee compliance with this Privacy Policy and ensure your Personal
Data is handled properly under the latest privacy laws, we have appointed a Data
Protection Officer (“DPO”). Our DPO can be reached by e-mailing
DPO@hakusports.com or by writing to 1221 Brickell Ave, Suite 1700, Miami, FL
33131.

If haku is your data controller, requests for access to your Personal Data or
rectification, erasure, or restriction of processing of your Personal Data
should be sent to our DPO. Please also feel free to contact our DPO if you have
any questions about this Privacy Policy or our information practices.

If an Organizer is your data controller, please contact that Organizer’s DPO
directly in accordance with that Organizer’s privacy policy.

If you have a complaint about haku's privacy practices, please contact our DPO
and we will take reasonable steps to work with you to attempt to resolve your
complaint. You also have the right to make a complaint at any time to a
supervisory authority.

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS:

Individuals who are residents of California and have provided their Personal
Data to us may request information regarding our disclosures, if any, of their
Personal Data to third parties for direct marketing purposes. Such requests must
be submitted to our DPO in writing at:

haku App Corporation, Inc.
Attn: Data Protection Officer
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DPO@hakusports.com

Such requests must include the reference Request for California Privacy
Information in the subject line and in the body of the message and must include
the e-mail address or mailing address, as applicable, for us to send our
response. This request may be made no more than once per calendar year. We
reserve the right not to respond to requests submitted to us if not submitted
pursuant to the terms set forth above.

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Sales | 888.344.2175 | sales@hakusports.com
Customer Support | 844.299.2087 | support@hakusports.com
 

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