Terms and Conditions

---

The Divine Maverick, LLC (“TDM,” “we,” “us” or “our”) is providing this website, application (e.g., mobile apps, tablet apps) or other interactive service (collectively, all such websites, applications and other interactive services are individually and jointly referred to as the “Site”). The Site is owned, operated, and provided on behalf of TDM. Your use of the Site is conditional upon your acceptance of these Terms & Conditions (“Terms”), including our Privacy Policy [Privacy Policy: http://www.thedivinemaverick.com/privacy-policy/]. TDM reserves the right to amend these Terms from time to time without notice and at our discretion. It is your responsibility to review the Terms for updates periodically, which shall be effective once posted.

YOUR CONTINUED USE OF THE SITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS, INCLUDING OUR PRIVACY POLICY.

• Registration, User Information and Eligibility

You may have the option to register for certain portions of the Site. In such instances, you agree to provide true, accurate, and complete information about yourself as prompted during the registration process (“User Information”) and to maintain and promptly update your User Information to keep it true, accurate, current, and complete. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and further that TDM is entitled to rely on the accuracy and completeness of the User Information. If TDM has reasonable grounds to suspect that the User Information you have provided is untrue, inaccurate, or incomplete, then TDM shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that TDM shall have no liability associated with or arising from your failure to provide and maintain accurate User Information, including, but not limited to, your failure to receive critical information about the Site or your account. You further agree that TDM is authorized to verify any of the User Information that you provide.

TDM respects your privacy, and as such requires that anyone signing up with the Site must be 13 years of age or older. By signing up, you represent that you are either an adult, an emancipated minor, or have obtained the legal consent of your parent, legal guardian, or account holder to sign up with the Site and to fulfill the obligations and agree to these Terms.

Please read our Privacy Policy, which provides additional information on options we may provide to register on the Site and the information we collect, use, disclose, manage, and store. Your username and password are personal to you, and you may not allow any others to use your username or password under any circumstances. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.

You acknowledge and agree that TDM may rely on the User Information to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message.

• Subscriptions and Free Trial

TDM offers options for you to subscribe and access content, such as video, audio, and other media, offered on the Site by TDM (“Subscription Content”). The Subscription Content shall be available to you after signing up for a Subscription Plan. All access to the Subscription Content requires you to set up an account on the Site, with accurate User Information and a valid credit card. Subscription Plans are offered as quarterly or yearly options and automatically renew for additional plan periods until you cancel the Subscription Plan or TDM terminates your account. All Subscription Plan options are subject to change.

A Free Trial period is offered to you when signing up for a Subscription Plan. The Free Trial provides you with free access to the Subscription Content for 48 hours (or such other time as designated at sign-up). Immediately following the Free Trial period, your account will be billed for the selected Subscription Plan unless you cancel your subscription prior to the end of the Free Trial period. No notice will be given when the Free Trial period has ended.

You acknowledge and agree that your access and use of the Subscription Content is limited to personal, non-transferable access and is subject to any restrictions placed on such media content.

• Subscription Payment, Cancellation, and Termination

When you sign up for a Subscription Plan, following the end of the Free Trial period, your account will be charged for the full amount of the selected subscription option. No refunds, offsets, or credits will be given for early cancellation or termination of a Subscription Plan or account. Upon the automatic renewal of a Subscription Plan, you will be charged the full amount of the selected subscription option. In order to maintain access to the Subscription Content, you must maintain accurate and updated User Information and a valid credit card.

TDM reserves the right to change subscription options and pricing at any time. You may cancel your account at any time. Following your cancellation, you shall continue to have access to the Subscription Content until the end of your current Subscription Plan option.

TDM EXPRESSLY RESERVES THE RIGHT TO TERMINATE AND DENY ACCESS TO THE SITE, OR ANY PART THEREOF, FOR ANY REASON, INCLUDING THE MISUSE AND/OR ABUSE OF YOUR ACCESS TO THE SITE OR THE SUBSCRIPTION CONTENT, OR IF YOU ARE IN VIOLATION OF THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR ANY OTHER AGREEMENT OR LICENSE WITH US OR AFFECTING US. Following termination, all access to the Subscription Content will be ended, and no further charges will be billed to your account. Your cancellation of your account and/or termination of a Subscription Plan will not affect any of TDM’s rights or your obligations arising under these Terms prior to termination.

• Site Store

TDM may from time to time offer physical and/or digital goods (“Products”) and services for purchase through the Site (the “Site Store”). In such instances, additional terms may apply to your use and access of the Site Store, which are incorporated herein by this reference. The Site Store may utilize third-party operational service providers. All purchases made through these third-party operational service providers are subject to their respective terms and conditions of use. TDM is not responsible and shall have no liability whatsoever for goods or services you obtain through our third-party operational service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. You agree to pay in full the prices for any Products purchased on the Site Store concurrent with your order. You agree to pay all applicable taxes.

Intellectual Property

TDM is the owner and/or authorized user of all trademarks, copyrights, and other intellectual property appearing on or contained within the Site, including but not limited to video, audio, sounds, text, images, photos, pages, and software unless otherwise indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest, or license in and to any such intellectual property and proprietary rights you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is prohibited. You agree that you are permitted to use this content only as set out in these Terms or as otherwise expressly authorized in writing by TDM or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided herein, you may violate trademark, copyright, and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. TDM will enforce its trademark, copyright, and other intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

DMCA Policy

TDM respects the intellectual property of others. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible on the Site, you may notify our Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

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

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

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written or emailed notification to the following designated Copyright Agent:

The Divine Maverick, LLC

P.O. Box 203

White Plains, MD 20695

Attn: Copyright Agent

Email: Divine@TheDivineMaverick.com

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST, OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST, OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES, AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, NO MORE THAN TWO (2) TIMES THE ANNUAL SUBSCRIPTION PLAN FEE ACTUALLY PAID BY YOU.

Indemnity

You agree to defend, indemnify, and hold TDM, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, vendors, and operational service providers harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Site, including, but not limited to, use of any Subscription Content or the Site Store; and (b) any violation, breach, or alleged breach of these Terms or the Privacy Policy. TDM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such a claim.

Relationship of Parties

Nothing contained in these Terms or the Privacy Policy shall constitute a partnership between or joint venture between TDM and you, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of these Terms or the Privacy Policy, and neither party shall be or become liable by reason of any representation, act, or omission of the other contrary to the provisions of the same. Except as otherwise expressly provided for, these Terms and the Privacy Policy are not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.

Governing Law and Venue

These Terms and the Privacy Policy, and any matter relating to this Site, shall be governed by the laws of the State of MARYLAND in the United States of America, without regard to its principles of conflicts of laws. The exclusive venue of any mediation, action, or other proceeding arising out of these Terms and/or the Privacy Policy shall be in the state and federal courts in MARYLAND. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. TDM will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms or the Privacy Policy. Notwithstanding the foregoing, TDM and our assignees, successors, and designees may seek injunctive or other equitable relief in any jurisdiction to enforce the terms of this agreement and our rights hereunder.

Compliance with Local Laws

TDM operates the Site from its offices in the United States of America. TDM does not represent that content on the Site is appropriate or available for use in other locations. Any party who chooses to access the Site from other locations does so on their own initiative and is responsible for compliance with local laws, if and to the extent local laws are applicable.

Assignment

You shall not assign any of your rights and/or delegate any of your obligations under these Terms or the Privacy Policy. Any purported assignment and/or delegation by you shall be null and void. TDM may freely assign and/or delegate any of its rights and/or obligations under these Terms and/or under the Privacy Policy. These Terms and the Privacy Policy shall be binding upon and inure to the benefit of TDM and you, and each party’s respective successors and assigns.

Headings

The headings made in these Terms and the Privacy Policy are provided for the purpose of convenience only and shall not be construed in interpreting the provisions contained herein.

Severability

If any provision (or part of a provision) of these Terms and/or the Privacy Policy is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Entire Agreement

These Terms & Conditions, including our Privacy Policy, constitute the entire agreement between you and us in relation to its subject matter and supersede any and all prior promises, representations, agreements, statements, and understandings whatsoever between us. To the extent that other content or software is available through the Site, such content and software may be subject to a license agreement that is distributed or included with such content and software, and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.