1. User Registration Requirements

In order to use Dasdak, you must complete all required elements in the account registration process. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.

We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

By agreeing to this Terms of Use, you represent that you are:

• 13 years old or older; and
• Capable of entering into a legally binding agreement.

If you are at least 13 years old, but not yet 18 years old, you should review this Terms of Use with your parent or guardian to make sure you understand it.

You must be at least 18 years old to create a place page.

2. Privacy

At Dasdak, we strive to maintain information security and to give users as much control as possible over how their information is viewed and used by other parties.

By agreeing to this Term of Use, you are also agreeing to our Privacy Policy. Please review the Privacy Policy in full to ensure that you understand and agree to its contents.

3. Your Account, Password, and Security

Dasdak is an account-based service. You (the individual user) are responsible for maintaining the privacy of your account and password. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. Dasdak is not liable for any loss that may occur due to the unauthorized, or authorized use of your account or password with or without your knowledge. You also agree not to use anyone else's account at any time, unless you have received direct written consent from the account holder to do so.

Dasdak will make every effort to provide appropriate security for your account information, but the security of your account is not guaranteed. If you are not comfortable with our security measures then please do not use our site. We make no guarantees of information or account security and you agree not to hold us liable for any reason related to the security of your content or information.

4. Transactions and Dasdak Service Fees

Dasdak allows users to order products, services, and deals from participating Place Pages on the Dasdak system. When a user places an order, Dasdak may charge a Dasdak Service Fee of $1, which entitles that user to place additional orders from that same Place Page for up to 5 hours after the original order without paying additional Dasdak Service Fees. Place Pages may choose to pay the Dasdak Service Fee on behalf of the user at the Place's discretion.

Dasdak also charges a Dasdak Service Fee whenever a User purchases a deal on Dasdak. Place Pages may also choose to pay this Dasdak Service Fee on behalf of the User at the Place's discretion. If the User fails to redeem the deal before it expires, then the purchase price will be credited to the User's Account.

5. Refunds and Credit Cards

The Dasdak Fee is charged to give users the ability to place unlimited orders for 2 hours. This service is rendered as soon as the original order is placed, and as a result, the Dasdak Fee is non-refundable.

Indemnity

All purchases and orders are performed online. Buyers are usually billed directly by Place Page owners. Dasdak shall not, in any manner, be considered the seller of the product or service. Please assume there are no refunds for purchases and orders made on Dasdak.com. Dasdak provides software to many businesses, which allows them to offer e-commerce and mobile commerce. We cannot force businesses to provide refunds. You agree to indemnify and hold Dasdak, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site.

Should there be any error in your purchase or order, Dasdak will offer reasonable assistance to help you reach the Place Page owner to correct the error. However, the risk of loss and title for such items pass to you upon our delivery of your purchase or order. You must file any such claims directly with the Place Page owner.

A Place Page, at the discretion of the Place Page owner, may offer refunds for the purchase price of products, services, or deals. To learn more about the refund policy for a specific Place Page, please contact the Place Page owner directly. When doing business with a Place Page on Dasdak, you assume all risks of doing business with them. Dasdak recommends that you only do business with Place Pages that you know and trust, and that you are able to validate and confirm in person. Make sure you understand the refund policy of the Place Page where you are doing business. You agree not to hold Dasdak responsible for any non-conforming goods, service failures, and/or other refund issues.

Dasdak also allows users to pay for purchases and orders with their credit card at participating Place Pages. Dasdak does not store your credit card information. All credit card information is held by our credit card processing provider in accordance with PCI compliance regulations.

6. No Unlawful or Prohibited Use

You agree that you will NOT use Dasdak for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Dasdak. You agree that you will not falsify any information provided to Dasdak, and that all information given to Dasdak is true and correct to the best of your knowledge. Any unauthorized attempts to gain access to the Dasdak website, other individual's accounts, or any computer systems or networks connected to Dasdak, through any means, including: hacking, password mining, or other means, is strictly prohibited. Further, you may not in any way attempt to obtain materials or information not intentionally made public/available through Dasdak.

You may NOT use Dasdak in a manner which could/may damage, disable, overburden, or impair any aspect of the Dasdak website, the network or networks connected to the Dasdak website, or interfere with any other party's ability to use or enjoy the Dasdak website.

Dasdak reserves the right to investigate and take appropriate legal action against anyone who, in Dasdak's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity to law enforcement authorities. The following are examples of the kind of activity that is illegal or prohibited on the Dasdak Website and through your use of the Dasdak Services:

• Criminal or tortuous activity, including, but not limited to, child pornography, fraud, misrepresentation, trafficking in obscene material, rug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Dasdak Services;
• Activity that involves the use of viruses, bots, worms, spyware, malware or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Dasdak Services on behalf of that person.

7. Sharing Your Content and Information

Dasdak allows you to share content and information about yourself with other Dasdak users. You own all of the content and information you post on Dasdak, and you have control over it through your privacy and access control settings. Dasdak does not claim ownership or responsibility for any of the information you provide or post on the Dasdak website. By posting or providing any files, links, or information with Dasdak you agree that you control or own the rights to said files, links, or information, and thus take sole responsibility for the content of the files, links, or information, therefore eliminating Dasdak of any responsibility for said files, links, or information. However, by providing information or files to Dasdak you grant to Dasdak, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your files or information; and to publish your name, and anyone else's name associated/connected with said documents. You (the user) will receive no compensation (payment) from Dasdak for the posting of said files or links. Dasdak reserves the right to delete or remove any files, links or information that violate law, decency, or any of the terms, conditions, notices, and policies of Dasdak.

Dasdak is not responsible for the content of the information you provide when you make a comment or review a place on Dasdak. You agree to take full responsibility for the consequences of your comments and reviews and their contents, and you agree not to hold Dasdak responsible for your comments and reviews.

For content that is covered by intellectual property rights ("IP content"), like photos and videos, you specifically give us the following permission, subject to your privacy and module settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Dasdak ("IP License"). This IP License may continue even after you delete your IP content or close your account, particularly where your content has been shared with other users.

When you delete IP content, it is deleted in a manner similar to emptying the recycling bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Dasdak reserves the right to maintain copies of user content and information, as well as any information we collect about a user's activity on Dasdak.

Dasdak prohibits the use of certain types of content on the Dasdak Website. Dasdak reserves the right to delete or remove any prohibited content. Prohibited content includes, but is not limited to, content that, in the sole discretion of Dasdak:

• Is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group, individual, or property;
• Harasses or advocates harassment of another person;
• Exploits people in a sexual or violent manner;
• Contains nudity, excessive violence, or offensive subject matter or contains a link to a website promoting such content;
• Solicits or is designed to solicit personal information from anyone under 18 years of age, or is harmful to minors in any way;
• Publicly posts information that poses or creates a privacy or security risk to any person;
• Constitutes or promotes information that you know is false, fraudulent, or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
• Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing passwords, access codes, pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices;
• Constitutes or promotes an illegal or unauthorized use of another person's trademark, trade dress, trade name, trade secret, or other proprietary right.
• Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Includes a photograph, video, or other personal or identifying information about another person that you have posted without that person's consent;
• Uses sexually suggestive imagery or any unfair, misleading or deceptive content intended to draw traffic to the profile;
• Impersonates any person or entity, including, but not limited to a Dasdak employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• Constitutes or contains "affiliate marketing," "link referral code," junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.

8. Products, Services, Food, and Drinks Sold on Dasdak.com

Dasdak is a software company and does not produce any products, services, food, drinks, or any other items for sale on Dasdak.com. Therefore, Dasdak does not have any control over the products, services, food, drinks, or any other items that are offered for sale on Dasdak, or that are paid for with Dasdak Services. Dasdak will not be held liable for any damages and/or illness caused by trying, handling, and/or consuming any products, services, food, drinks, or any other items sold on Dasdak.

1. Creating a Place

Dasdak allows registered users that are at least 18 years of age to create a Dasdak Place page. By registering a Place page, you assert that you either a) are creating a page for a public place; b) are creating a page for a business you already own; c) have permission to use an existing business's name and information; or d) intend to seek such permission from the business's owner pursuant to the terms below. The Place or Business represented by the Dasdak Place Page shall not have a maximum occupancy of more than 400 persons. To create a Dasdak Place Page for a place or business with a maximum occupancy greater than 400 persons, you must receive express written consent and permission from Dasdak by submitting a written request using the contact information contained in these Terms of Use. If you create a Dasdak Place Page for a place or business with a maximum occupancy greater than 400 persons without the express written consent and permission of Dasdak, then you agree that Dasdak may suspend, delete, or take control over the Dasdak Place Page, including any files, links, photos, content, URL, or other information associated with that Dasdak Place Page.

2. URL Registration

When you register a Place you must select an available Dasdak URL for your new Place page. The fee for registering a Dasdak URL is $10 per year. When it is time to renew your URL registration you may be sent a renewal reminder email in advance of the URL's expiration. If you fail to renew your URL on time, the ability to conduct commerce may be suspended. If you have not renewed your URL registration within 90 days after expiration, Dasdak may reclaim the URL and release it to another party via auction or sale.

3. Relationship with Business Owner

To conduct commerce on a Dasdak Place Page you must either be the owner of the business or you must have an agreement in place with the owner before attempting to conduct commerce. We recommend that you seek a written agreement with a business owner. You may set up a preliminary page and account for the purpose of seeking permission from the business owner, but you may not conduct commerce of any kind until an agreement is in place and has been submitted to Dasdak.

For your convenience, we may provide sample agreements on our website. These sample documents are only an example of the type of agreement that partners and business owners may reach, and do not constitute legal advice. We recommend that both partners and business owners consult their attorneys before entering such an agreement.

Dasdak is not responsible for any disputes that take place between Place page creators and business owners that are unable to reach an agreement. You (the Place page creator) recognize that a business owner may seek civil and criminal charges against you for attempting to conduct commerce on their behalf without proper consent. By creating a Place page, you (the Place page creator) agree not to defame, slander, or otherwise misrepresent the business that is represented by the Place page you create. You (the Place page creator) also recognize that a business owner may seek civil and criminal charges against you for attempting to conduct commerce on their behalf without proper consent.

Dasdak reserves the right to suspend or deactivate your Dasdak account or your Place page account if a Place Page or a page owner is reported to Dasdak, or if a business owner does not want to be represented by a particular partner or place page. Dasdak is not responsible to the place page creator for the actions of business owners, including any unexpected, unintended, or negligent actions. Dasdak is not responsible to business owners for the actions of place page creators, including any misrepresentation of the owner or the business. Business owners should exercise extreme caution and be very careful when choosing which partners to work with, and Place Page creators should make sure that business owners fully understand the relationship and the responsibilities of both parties.

4. Fake or Fraudulent Accounts

You agree that you will not create a Place Page that does not represent an actual place or business, or create a Place Page using a fake or fraudulent user account. Place Pages may not be used to launder money, commit fraud, or commit any other crime. Dasdak reserves the rights to remove, delete, or disable any place pages that are deemed fraudulent or misleading at the discretion of Dasdak, as well as any personal accounts associated with such place pages. Dasdak also reserves the right to prosecute users who violate these terms to the fullest extent of the law.

By creating a place page, you agree that Dasdak is not responsible for any civil or criminal charges that may be brought against you by other individuals or organizations as a result of creating a place page on Dasdak.

5. Unauthorized Transactions

Dasdak users and place pages that enter into transactions on Dasdak assert that each party has the legal right to enter the transaction. Dasdak is not responsible for ensuring that either party is licensed, eligible, or of age to enter into the transaction, and Dasdak does not warrant or guarantee the eligibility of any party. Verifying a customer's age or legal authorization is the responsibility of the business owner or the person who is actually delivering the product or service and Dasdak will not be held liable for any improper or unauthorized delivery of a product or service.

Dasdak is not responsible for ensuring that either party is legally authorized to enter into transactions involving regulated products or services, including, but not limited to, transactions involving: alcohol, tobacco, firearms, weapons, movies, video games, pornography, controlled substances, radioactive materials, securities, insurance products, financial instruments, financial services, legal services, medical services, or any other regulated product or service.

6. Place Page Validation

Until a Place Page is validated, transactions on that page are limited to $100 or less. This rule is intended to limit the risks associated with fraudulent activity, while still making it quick and easy to begin doing commerce on Dasdak. To conduct transactions of more than $100, a Place Page must be validated. The process for validating a place page will be explained in detail once it is available to the public.

7. Module Subscriptions

When you register a Place Page you will also have the ability to subscribe to various software modules that add functionality to your Place Page. Each subscription module has a separate monthly subscription fee (see Summary below). You may choose to subscribe for several months ahead of time at a discount. You will be sent a renewal email one week before your module subscription expires. If your subscription does expire, you may lose access to that module, but any content that you added to that module will be kept for at least 90 days. Once you have renewed your module subscription within 90 days of expiration, your access to that module will be restored and your content will remain intact. If you fail to renew your module subscription within 90 days of expiration then we can no longer guarantee that your module information will still be available.

Dasdak may provide a free trial period for some or all of these modules, but at the end of the trial period the place page or page owner will be responsible for renewing the subscription at the then current monthly charge (see Fee Summary below).

If you choose to subscribe to a module your subscription will only be active for the period that your URL registration is active. If you renew your URL registration then your subscriptions will become active again, but you cannot access the subscription modules if your URL registration is not renewed. Dasdak will not refund any module subscription payments that have been paid for a place page whose registration has expired.

8. Braintree Payment Processing Services

Dasdak uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at http://www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Dasdak is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank and the three parties to the MSA and that Dasdak has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Dasdak at contact@dasdak.com.

9. Dasdak Fees for Transactions, URLs, Subscription Modules, and Other Services

Summary of Fees and Revenue Sharing:

The fees and percentages presented in this summary are subject to change at any time without notice. Please check this Terms of Use to stay aware of the current prices and percentages.

Category	Type of Fee	Amount of Fee	Paid By	% to Partner
Purchases:	Order Processing	$1 for 5 hours	Customer or Place	50% of fee
	Deals	$1 per deal	Place	50% of fee
Subscriptions:	Place Page URL	$10 per URL per year	Place Page Owner	N/A
	Employee/Hiring Module	$10 per month	Place Page Owner	N/A
	Content System Module	$20 per month	Place Page Owner	N/A

10.Place Page Modules

11. Refund Policy

The following will be displayed in the "Refund Policy" tab in the "Help/Refund" screen of your place page.

As a Place Page owner on Dasdak, you must agree to:

• Provide an accurate phone number (with voicemail capability) that your business can be reached during business hours. You must return all phone calls and messages within 5 business days to address customer issues.
• Provide an accurate email address for your business where customers can communicate with your company in a timely manner. You must return all emails within 5 business days to address customer issues.
• If you change your phone number and/or email address for your business, you must immediately update your Place Page profile in the "Contacts" tab with the new phone number and/or email address.
• You must be accessible and provide good customer service.
• You must accurately represent your product and/or service on your Place Page.
• You must provide reasonable refunds and/or compensation for errors and/or incorrect charges.

If a Place Page does not follow all of the above requirements and/or we repeatedly receive customer complaints about the Place Page, Dasdak may, with or without cause, shut down the Place Page.

12. Indemnity

If your Place Page is shut down, or is unavailable for any reason including but not exclusive to scheduled or unscheduled website down time, you agree to indemnify and hold Dasdak, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of unavailability of your Place Page or your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site.