These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and ExpandAbilities LLC (hereinafter referred to as “ExpandAbilities”), the owner and developer of www.expandabilities.com. By registering for any service provided on expandabilities.com you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY EXPANDABILITIES SERVICE. The Terms are subject to change at any time, effective upon notice to you.

1. Limitations of Liability and Indemnification. By using any services provided by ExpandAbilities you agree that in no event will ExpandAbilities.com, ExpandAbilities, its owners and their officers, employees, agents, affiliates, contractors, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by ExpandAbilities.com or ExpandAbilities shall be a return of any fees paid to ExpandAbilities.com or ExpandAbilities for any services provided under this Agreement. You indemnify and agree to defend and hold harmless ExpandAbilities.com, ExpandAbilities, its owners and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of ExpandAbilities.com, including any breach by you of the Terms contained in this Agreement.

2. Responsibility for Use of Website. You understand and agree that you are solely responsible for any actions you take as a result of what you learned on ExpandAbilities.com and/or from ExpandAbilities and its owners, officers, employees, agents, affiliates, contractors and/or licensees. You understand that ExpandAbilities.com and ExpandAbilities do not perform psychological testing or background checks on the individuals who may use the ExpandAbilities.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by ExpandAbilities.com, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.

3. Educational and Informational Purposes Only. Information retrieved from this website (“Modules”) is for personal use only. Modules may be used solely in connection with informational and educational purposes of paid users. If you are conducting a search for your own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you, with the exception of Paragraph 3. (which applies to personal advisors). If you are a personal advisor conducting a search on behalf of another person for that person’s own personal use, all of the paragraphs contained in these Terms & Conditions shall apply to you.

4. Sharing Expandabilities’s Content. You may share your Modules with your own personal advisors. But neither you nor your personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way your Modules, in whole or in part, unless required by law. You will be responsible for any breach by any of your personal advisors of any obligation in these Terms & Conditions. You acknowledge that the Modules are subject to the copyright and other proprietary rights of ExpandAbilities and you will not commit or permit any act or omission that would impair such rights.

5. If you are a personal advisor conducting a search on behalf of an individual or group of individuals acting together (such as a husband and wife) (referred to herein as the “Client”) in order to assist the Client in connection with informational and educational use, you may share the Modules with your Client, and you may permit your Client to share the Modules with your Client’s other personal advisors. But neither you, your Client, nor your Client’s other personal advisors are permitted to copy, reproduce, modify, publish, upload, post, transmit or distribute in any way your Modules, in whole or in part, unless required by law. You will be responsible for any breach by your Client or your Client’s personal advisors of these Term & Conditions. You acknowledge that the Modules are subject to the copyright and other proprietary rights of ExpandAbilities and you will not commit or permit any act or omission that would impair such rights.

6. No Guarantee. EXPANDABILITIES DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY IT. ALL SUCH MODULES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

7. Assumption of Risk. THE PRICES CHARGED BY OWNER ARE BASED UPON OWNER’S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE MODULES WILL BE BORNE SOLELY BY THE USER, AND NOT OWNER. OWNER SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY OWNER’S ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE INFORMATION PROVIDED BY IT. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF EXPANDABILITIES WAS GROSSLY NEGLIGENT, WAS ADVISED OF SUCH POSSIBILITY OF DAMAGES, OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IF, NOTWITHSTANDING THE PRECEDING SENTENCE, LIABILITY IS IMPOSED ON OWNER, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE EXPANDABILITIES FOR SUCH INFORMATION.

8. ExpandAbilities Property. The information provided by ExpandAbilities will continue to be the exclusive property of ExpandAbilities. Except as expressly provided in paragraphs above (whichever is applicable), this transaction shall not be deemed to convey any right, title or interest, including patent, copyright or other proprietary right, in or to such information. The programs and software which operate this website are confidential trade secrets of ExpandAbilities and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble or reverse engineer the programs or software or any embodiment thereof.

9. Indemnification. You will indemnify, defend and hold ExpandAbilities and its subsidiaries and affiliates (collectively, the “Indemnitees”) harmless from and against any and all claims and expenses, including reasonable attorney’s fees, which may be asserted against or incurred by the Indemnitees based upon your use of this website or the Modules.

10. Warning re: Offensive and/or Sensitive Information. It is possible that other ExpandAbilities.com or clients will post or send upsetting, sensitive, obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of ExpandAbilities.com, have access to personal information about you. ExpandAbilities.com, ExpandAbilities, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.

11. Right to Monitor. ExpandAbilities.com and ExpandAbilities reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.

12. Confidentiality. It is agreed that all personal information given to ExpandAbilities.com or ExpandAbilities, will be kept confidential by ExpandAbilities.com and ExpandAbilities, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by ExpandAbilities.com, in which case the confidentiality clause contained in this Agreement is rendered null and void. This paragraph is also subject to Expandabilities Online Privacy Notice, found here: https://expandabilities.com/privacy-policy

13. Ownership, Copyrights, Trademarks, Licenses. ExpandAbilities.com and ExpandAbilities own and retain all proprietary rights to the ExpandAbilities.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of ExpandAbilities.com and ExpandAbilities. By posting information to ExpandAbilities.com and ExpandAbilities you represent that you have the right to grant permission for use by ExpandAbilities.com and ExpandAbilities.

14. DMCA Procedures. ExpandAbilities respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, ExpandAbilities has implemented procedures for reporting instances of copyright infringement.

(a) If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through ExpandAbilities.com infringes your copyrighted work, you may submit a notice of copyright infringement by filling out our online form, located at https://expandabilities.com/contact.

(b) Alternatively, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:

(c) Alex Dolgner, Member

PO Box 1362, Valparaiso, IN 46384

Alex.Dolgner@expandabilities.com

(d) The notice of copyright infringement should provide the following information:

(i) A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).

(ii) A description of the material on our site that you claim is infringing.

(iii) Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

(iv) Your contact information, including your address, telephone number, and an email address.

(v) A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(vii) Your physical or electronic signature (typing your full legal name is sufficient).

(e) Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the subscriber and/or user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, ExpandAbilities will immediately notify the subscriber and/or user that the content has been removed or disabled.

(f) It is also the policy of ExpandAbilities in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of subscribers and/or user who are repeat copyright infringers.

(g) The counter-notification should contain the following information:

(i) Your name, mailing address, telephone number, and email address.

(ii) The material removed or to which access has been disabled and the location at which the material previously appeared (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

(iii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

(iv) A statement that you consent to the jurisdiction of the Federal District Court: (i) in the judicial district where your address is located, or (ii) in the Northern District of Illinois, if your address is located outside the United States, and that you will accept service of process from the Complainant who submitted the notice of infringement or his or her agent.

(v) Your physical or electronic signature (typing your full legal name is sufficient).

(vi) Upon receipt of a valid counter-notification, ExpandAbilities will promptly forward a copy to the Complainant who submitted the notice of infringement. If the Complainant does not notify us, within ten (10) business days, that he or she has filed a legal action relating to the allegedly infringing material, we will restore the material to our site within 10–14 business days.

15. Binding Arbitration. Any dispute, controversy or claim arising out of or related in any manner to these Terms & Conditions which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) or three (3) arbitrators sitting in Chicago, Illinois. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth above of these Terms & Conditions, but shall not be empowered to award indirect, incidental, consequential, punitive, exemplary or special damages or specific performance. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any disputes with respect to intellectual property rights or seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

16. No Warranties. ExpandAbilities.com and ExpandAbilities provide the ExpandAbilities.com services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, ExpandAbilities.com and ExpandAbilities do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

17. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Illinois, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Northern District of Illinois, and you hereby consent to the jurisdiction of any such court.

18. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

19. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on ExpandAbilities.com will be truthful. In accessing and using ExpandAbilities.com, you understand and agree that basic information concerning you, given to ExpandAbilities.com, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.

20. Entire Agreement. This Agreement constitutes your entire Agreement with ExpandAbilities.com and ExpandAbilities with respect to any services.

21. Waiver. The failure of Website or ExpandAbilities to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or ExpandAbilities must be in writing and signed by an authorized representative of the ExpandAbilities.

You further understand and agree that clicking or pressing on the “I agree” is the electronic equivalent of a written signature on this document.

Effective as of July 31, 2024