Terms, Conditions & Refunds

Training Classes (In Person)

We strive to provide you with the highest-quality professional training at affordable prices. Once you register for a training class, we begin preparing your training materials in anticipation of your attendance. In addition, we reserve classroom space for your use and no longer make your seat available to others. As such, refunds are offered in the form of classroom credit (only) towards our other training classes. Purchases of training programs are non-transferable. In order to receive a refund in the form of a classroom credit, we must receive your request to reschedule in writing at least 21 days prior to your designated class start date. There is a change fee required for each rescheduling request. If we receive your request to reschedule your class within 21 days of your designated class start date, a higher change fee will apply. See change fee rates below.

Change Fee Rates

If you are unable to attend a training class that you have purchased, for any reason, you must pay a change fee (see below) to apply your applicable credit towards registration for a future training class. Note that your credit will be reduced by your nonrefundable deposit of $200 USD for each class you elect to change.

$100 USD - To reschedule a class at least 21 days prior to class start date $300 USD - To reschedule a class within 21 days of your class start date

21-90 Day Advance Registration Recommended

For all training programs, a 21-90 day advance purchase is recommended. By registering and purchasing your in-person training program at least 21 days prior to your desired class start date, you receive the best possible payment terms and priority seating. Example: If you would like to attend a training class that starts on Feb. 25, it is recommended that you register and purchase the training program by Feb. 4th, in order to attend that class and have priority seating. If you would like to attend a class and that begins in less than 21 days from your date of registration, you must contact our business office to determine if seating is available.

Tel: (714) 283-8509.

HUGE SAVINGS with Super Saver Discounts – 90+ Day Advance Purchase

If you'd like to save money by planning ahead, you will receive a substantial discount by purchasing your in-person training program at least 90 days prior to your desired class start date. Super saver pricing for all training programs may be found on our website by searching for "super saver" in the search box in the upper right corner of our home page.

Nonrefundable Deposit to Reserve Your Seat

There is a $200 USD nonrefundable deposit (included as part of your purchase price) on every in-person training program. In the event that you elect to reschedule or cancel a class for any reason, this amount is nonrefundable and may not be applied as credit towards another training class or start date.

Certification Requirements

With your attendance in our in-person Professional Training Programs, you are required to complete with a passing grade by a date specified by your Instructor: training program attendance, a complete review of all training materials, your practice sessions, feedback forms, homework assignments and a final exam. You will graduate and receive your certification upon completion and submission of all required materials on or before the deadline specified by the Instructor. Additionally, you cannot miss more than 5% of the classroom hours for any in- person training program and still meet your graduation requirements. In the event you miss more than 5% of your training hours or do not complete your final exam,

practice sessions, feedback forms and homework assignments within the specified time period, you will not graduate with your class and will need to complete your training requirements with the next graduating class, when and if it is offered (additional charges apply). Your certification credentials and certificates will be held until all training requirements have been met satisfactorily as designated

by the Miracle Center of California. Online training options are available.

Right to Refuse Service

We reserve the right to refuse training services to anyone. If you are not conducting yourself in a professional or ethical manner and/or other students find your actions offensive, distracting or destructive to the learning environment, you will be excused from the training class without refund.

Professionalism and Transformational Healing

Many students report tremendous healing and breakthroughs while attending our training programs. While personal healing is a natural part of our programs, you are reminded that this is a Practitioner Level Training Series. If you find that your emotions or physical condition are not conducive to functioning as a student practitioner in our classroom exercises (i.e., being prepared to practice as a Professional Practitioner with your demo clients), we ask that you consider postponing your training and taking this class at a later time.

Confidentiality

All of our training materials, videos, lectures, assignments and other related curriculum is proprietary and confidential. These materials, in their entirety, as the property of Robin Duncan and The Miracle Center of California. The materials you purchase may be used in your work with clients in a private setting, as it pertains to his/her therapeutic needs. Our materials may not be duplicated or shared with others beyond your private work with clients without our express written authorization. The information shared and the personal details of other students and our demo clients (who have participated in our demos) is strictly confidential and may not be discussed or shared with anyone outside of our immediate training program. We reserve the right to revoke access and all training materials you have received for the respective training program (without refund) should confidentiality be breached in any form.

Training Classes (Online)

Once you enroll in one of our Online Training Programs, you are then given full access to the program, including but not limited to: exclusive classroom training videos, audio lectures, binder materials, handouts, homework exercises and other pertinent materials. As such, there are no refunds available for our Online Training Programs. Registration for our Online Training Programs is non-transferrable to other students and/or programs.

Certification Requirements

With your attendance in our online Professional Training Programs, you are required to complete with a passing grade by a date specified by your Instructor: a complete review of all training materials, your practice sessions, feedback forms, homework assignments and a final exam. You will graduate and receive your certification upon completion and

submission of all required materials on or before the deadline as specified by the Instructor. Your certification credentials and certificates will be held until all training requirements have been met satisfactorily, as designated by the Miracle Center of California.

Confidentiality

All of our training materials, videos, lectures, assignments and other related curriculum is proprietary and confidential. These materials, in their entirety, as the property of Robin Duncan and The Miracle Center of California. The materials you purchase may be used in your work with clients in a private setting, as it pertains to his/her therapeutic needs. Our materials may not be duplicated or shared with others beyond your private work with clients without our express written authorization.

The information shared and the personal details of other students and our demo clients (who have participated in our online demos) is strictly confidential and may not be discussed or shared with anyone outside of our immediate training program. We reserve the right to revoke access and all training materials you have received for the respective training program (without refund) should confidentiality be breached in any form.

Private Sessions

We have only a limited number of private sessions available and many of those are scheduled well in advance. As such, we appreciate your effort in meeting your session time as scheduled. If you have a need to reschedule your session for any reason, please notify us by phone prior to the 48-hour window noted below.

Payments

• Sessions must be prepaid and received by us before the session begins

• It is recommended that you pay for your session prior to the date of your session to ensure that your session time will not be reduced due to payment processing (which occurs at the beginning of your session, unless it is paid for in advance)

• You may pay for your session in advance, at your convenience, at any time prior to your scheduled session by phone, check by mail, paypal or upon your arrival

• Forms of Payment - Sessions may be paid for via cash, check, paypal or credit card

• Cash Discount – There is an extra 5% discount for cash payments

• Paypal address is: Info@MiracleCenterofCa.com

• Checks are made payable to: Robin Duncan

• Cash refunds are not available

• Mailing address for payments and correspondence: PO Box 6110, Orange, CA 92863

Rescheduling and Cancellations

• 48-Hour Notice to Reschedule your Session - You may reschedule your session, as needed, if you notify us of your intent to reschedule by phone up to 48-hours before your session begins. With a 48-hour notice, you may reschedule your appointment to a future time within 90 days of your original appointment

(based on availability). Office Cell Message Phone: (714) 485-5663

• Rescheduled sessions - must be completed within 90 days of the original appointment

• Rescheduled sessions – If an in-person session time is not available, you will be offered

a private session via phone or skype within the 90 day period as your replacement session

• Substitutions – If you would like to substitute another person for your scheduled session, you will need to notify us at least 48-hours in advance

• Credits are issued in the form of future scheduled sessions (within 90 days) based on availability

• Payments for missed sessions or “no shows” (without a 48-hour notice) are forfeited and may not be applied to a future session

• Cancellations during the 48-hr window - If you miss or cancel your session within 48-hours of your scheduled session time and your payment has not been received by us, then all of your future sessions must be prepaid when they are scheduled

If you have paid for your session, then your payment is forfeited and nonrefundable.

If you cancel or miss your sessions 3 times within a 6 month period, no future sessions will be available

Late Arrival

• If you are running late and you call us within the first 20 minutes of your scheduled session time, we will hold your session for you, however your session will conclude at the previously scheduled time. This means that your allotted session time will be reduced by your late arrival.

• If we do not hear from you within the first 20 minutes of your scheduled session time, your session will be cancelled and forfeited.

• For all prearranged Phone or Skype sessions, you are asked to call our office at the designated session time

• Skype Name: MiracleCenterofCa

• Contact phone number will be given to you prior to your session

Discounted Packages

• Purchases of session packages must be paid in advance

• All sessions with a session package must be completed within 90 days of purchase, unless otherwise authorized by The Miracle Center of California

• Our 48-hour advance notice requirement applies to session packages, as well as individual and group sessions

• With proper notice, sessions may be rescheduled to another time slot, as available

• Cash refunds are not available. Credits are applied to future sessions based on the above guidelines and availability

Right to refuse or stop

We reserve the right to refuse or stop service to anyone, at our sole discretion.

Note: Your purchase of the training program will serve as a confirmation that you have read, understand and agree to our terms and conditions and that you will abide by them. Your purchase receipt is your confirmation for registration. You will receive a letter (via email) with details, class schedule, breaks and other relevant information about your training class prior to your designated start date.

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to The Miracle Center of California, dba., www.miraclecenterstore.com ("MCS") web site located at www.acourseinmiraclesproducts.com, and all associated sites linked to www.acourseinmiraclesproducts.com by MCS, its subsidiaries and affiliates, including MCS sites around the world (collectively, the "Site"). The Site is the property of MCS Inc. ("MCS") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

MCS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MCS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MCS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MCS’s express prior written consent.

You may use information on MCS products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by MCS for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MCS reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MCS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MCS, including any MCS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MCS’s systems or networks, or any systems or networks connected to the Site or to MCS. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MCS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MCS or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

MCS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

MCS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and MCS makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an MCS ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MCS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MCS or any other user of or visitor to the Site due to someone else using your MCS ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s MCS ID, password or account at any time without the express permission and consent of the holder of that MCS ID, password or account. MCS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

MCS’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the MCS Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MCS’s control, and MCS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

MCS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE

DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION

PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MCS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MCS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MCS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MCS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will MCS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MCS has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, MCS is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MCS’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against MCS (but not including the purchase price for any MCS hardware or software products or any similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold MCS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MCS by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

MCS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MCS’s rights or property, or the rights or property of visitors to or users of the Site, including MCS’s customers. MCS reserves the right at all times to disclose any information that MCS deems necessary to comply with any applicable law, regulation, legal process or governmental request. MCS also may disclose your information when MCS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MCS may preserve any transmittal or communication by you with MCS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MCS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MCS, its employees, users of or visitors to the Site, and the public.

You agree that MCS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MCS, for which monetary damages would be inadequate, and you consent to MCS obtaining any injunctive or equitable relief that MCS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MCS may have at law or in equity.

You agree that MCS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self- initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If MCS does take any legal action against you as a result of your violation of these Terms of Use, MCS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MCS. You agree that MCS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MCS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

MCS administers and operates the www.acourseinmiraclesproducts.com Site from its location in Orange County, California USA; other MCS sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MCS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MCS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and MCS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with MCS, MCS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MCS’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MCS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MCS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

MCS provides access to MCS international data and, therefore, may contain references or cross references to MCS products, programs and services that are not announced in your country. Such reference does not imply that MCS in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. MCS shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

The Miracle Center of California, dba., www.miraclecenterstore.com (MCS) All rights reserved.

MCS, P.O. Box 6110, Orange CA 92863, USA.

TERMS AND CONDITIONS

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE MCS STORE, AND SERVICES ("SERVICES"). BY USE OF THIS WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT USE THE SERVICES.

A. MCS STORE TERMS OF SALE

PAYMENTS, TAXES, AND REFUND POLICY

You agree that you will pay for all products you purchase through the Services, and that MCS may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MCS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.

All sales and rentals of products are final.

Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by MCS.

GIFT CERTIFICATES, MCS CARDS, ALLOWANCES, AND CONTENT CODES

Gift Certificates, MCS Cards, and Allowances are issued and managed by MCS.

Gift Certificates, MCS Cards, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or MCS Cards; used to provide Allowances; used for purchases on the MCS Online Store; or used in MCS Retail Stores. Unused balances are not transferable.

Gift Certificates, MCS Cards, Content Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions.

Neither Issuer nor MCS is responsible for lost or stolen Gift Certificates, MCS Cards, Content Codes, or Allowances.

MCS reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, MCS Card, Content Code, or Allowance is fraudulently obtained or used on the Service.

MCS, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, MCS CARDS, CONTENT CODES, ALLOWANCES, OR THE MCS STORE, MCS, MCS, OR MCS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, MCS CARD, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, MCS CARD, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

GIFTS

Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions. Gift recipients must have compatible hardware and parental control settings to utilize some gifts.

PRE-ORDERS

By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.

ELECTRONIC CONTRACTING

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

MCS is not responsible for typographic errors.

B. MCS STORE TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND MCS INC. ("MCS") GOVERNS

YOUR USE OF THE MCS STORE SERVICE (THE “MCS SERVICE”).

THE MCS STORE SERVICE

MCS is the provider of the MCS Service, which permits you to purchase or rent digital content ("MCS Products") for end user use only under the terms and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE MCS SERVICE

This MCS Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

The MCS Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the MCS Service from outside these locations. MCS may use technologies to verify your compliance.

Use of the MCS Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the MCS Service and may be required for certain transactions or features and to download MCS Products previously purchased from the MCS Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The MCS Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the MCS Service.

YOUR ACCOUNT

As a registered user of the MCS Service, you may establish an account ("Account").

Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify MCS of any security breach of your Account. MCS shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to purchase and download MCS Products from the MCS Service, you may be required to enter your MCS ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the MCS Service ("MCS Registration Data"), and you agree to update your MCS Registration Data to keep it accurate and complete. You agree that MCS may store and use the MCS Registration Data you provide for use in maintaining and billing fees to your Account.

AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES

When you first acquire MCS Products and music video MCS Products (collectively,

“MCS Auto-Delivery Content”), you may elect to automatically receive (“auto- download”) copies of such MCS Auto-Delivery Content on additional compatible iOS Devices and MCS-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below

(each, an “Associated Device”). For each Associated Device, you may specify which type of MCS Auto-Delivery Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push- Enabled”), including iOS Devices, the MCS Auto-Delivery Content will auto- download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating system, MCS Auto-Delivery Content will automatically appear in the download queue and you may manually initiate the download within MCS. As an accommodation to you, subsequent to acquiring MCS Auto-Delivery Content, purchased (i.e. not rented) movies MCS Products and TV show MCS Products (each, “MCS Eligible Content”), you may download certain of such previously- purchased MCS Eligible Content onto any Associated Device. Some MCS Eligible Content that you previously purchased may not be available for subsequent download at any given time, and MCS shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased MCS Eligible Content, once you download an item of MCS Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

PRIVACY

The MCS Service is subject to MCS's Privacy Policy which is available for review at www.miraclecenterstore.com

When you opt in to the Genius feature, MCS will, from time to time, automatically collect information that can be used to identify media in your MCS library on this computer, such as your play history and playlists. This includes media purchased through MCS and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or Account. When you use the Genius feature, MCS will use this information and the contents of your MCS library, as well as other information, to give personalized recommendations to you.

MCS may only use this information and combine it with aggregated information from the MCS libraries of other users who also opt in to this feature, your MCS Store purchase history data, aggregated purchase history data from other MCS Store users, and other information obtained from third parties, to:

• Create personalized playlists for you from your MCS library.

• Provide you with recommendations regarding media and other products and services that you may wish to purchase.

• Provide recommendations regarding products and services to other users.

At all times your information will be treated in accordance with MCS’s Privacy Policy.

Once you opt in to the Genius feature in MCS, you will be able to create Genius playlists on Genius-capable devices. To enable the Genius feature on a device, you must sync it with your MCS library after you have opted in.

If you prefer that we do not collect and use information from your MCS library in this manner, you should not enable the Genius feature. You can revoke your opt-in choice at any time by turning off the Genius feature from the Store menu in MCS on your computer. After you opt out, MCS will no longer send information about your MCS library to MCS. If you have elected to share your library from multiple computers, you need to turn off the Genius feature from each computer. The Genius feature cannot be enabled or disabled from your device.

By opting in to the Genius feature, you consent to the use of your information as described above and as described in MCS’s Privacy Policy.

CONTENT AVAILABILITY

MCS reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the MCS Store, please info@miraclecenterofca.com.

USE OF PURCHASED OR RENTED CONTENT

You agree that the MCS Service and certain MCS Products include security technology that limits your use of MCS Products and that, whether or not MCS Products are limited by security technology, you shall use MCS Products in compliance with the applicable usage rules established by MCS and its licensors ("Usage Rules"), and that any other use of the MCS Products may constitute a copyright infringement. Any security technology is an inseparable part of the MCS Products. MCS reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by MCS for compliance purposes, and MCS reserves the right to enforce the Usage Rules without notice to you. You agree not to access the MCS Service by any means other than through software that is provided by MCS for accessing the MCS Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the MCS Service. Violations of system or network security may result in civil or criminal liability.

USAGE RULES

(i)You shall be authorized to use MCS Products only for personal, noncommercial use.

(ii)You shall be authorized to use MCS Products on five MCS-authorized devices at any time, except for Content Rentals (see below).

(iii)You shall be able to store MCS Products from up to five different Accounts at a time on compatible devices, provided that each iPhone may sync tone MCS Products with only a single MCS-authorized device at a time, and syncing an iPhone with a different MCS-authorized device will cause tone MCS Products stored on that iPhone to be erased.

(iv)You shall be authorized to burn an audio playlist up to seven times.

(v)You shall not be entitled to burn video MCS Products or tone MCS Products.

(vi)MCS Products do not contain security technology that limits your usage of such products, and Usage Rules (ii) – (v) do not apply to MCS Products. You may copy, store, and burn MCS Products as reasonably necessary for personal, noncommercial use.

(vii)You shall be able to manually sync a movie from at least one MCS-authorized device to devices that have manual sync mode, provided that the movie is associated with an Account on the primary MCS-authorized device, where the primary MCS-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using MCS.

(viii)An HDCP connection is required to view content transmitted over HDMI.

(ix)Content Rentals

(a)Content rentals are viewable on only one device at a time. You must be connected to the MCS Service when moving rentals, and you may do so only between your computer and other compatible devices. Content rented using your MCS TV, iPad, iPhone 4, or iPod touch (4th generation) may not be moved. If you move a rental to a compatible device and then use the MCS Service to restore that device, or choose Settings > Reset > Erase all content and settings on that device, the rental will be permanently deleted.

(b)Once you purchase a rental, you must fully download the rental within thirty (30) days. You have thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have twenty-four (24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not extend the available time for viewing.

Some MCS Products, including but not limited to Content rentals, may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage MCS Products once downloaded, and you may wish to back them up.

The delivery of MCS Products does not transfer to you any commercial or promotional use rights in the MCS Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any MCS Product.

You acknowledge that, because some aspects of the MCS Service, MCS Products, and administration of the Usage Rules entails the ongoing involvement of MCS, if MCS changes any part of or discontinues the MCS Service, which MCS may do at its election, you may not be able to use MCS Products to the same extent as prior to such change or discontinuation, and that MCS shall have no liability to you in such case.

HIGH-DEFINITION (HD) MCS PRODUCTS

HD MCS Products are viewable only on HD capable devices; however, HD MCS Products purchased (not rented) include a standard-definition version for use on non-HD devices.

SUBMISSIONS TO THE MCS SERVICE

The MCS Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the MCS Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the MCS Service. You hereby grant MCS a worldwide, royalty-free, nonexclusive license to use such materials as part of the MCS Service, and in relation to MCS Products, without any compensation or obligation to you. MCS reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.

MCS has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the MCS Service, to investigate any reported or apparent violation of this Agreement, and to take any action that MCS in its sole discretion deems appropriate, including, without limitation, termination hereunder or under
MCS's Copyright Policy.

FREE or PROMOTIONAL Products at MIRACLECENTERSTORE.COM
From time to time, we may offer some of our products, training programs or sessions for free to the public as a public service or for product promotion. If you have purchased one or more of our products, training programs or sessions from this or another website or physical location and then find that same product(s) offered for free on another website or physical location, refunds and/or credits for your purchase are not available.

THIRD-PARTY MATERIALS

Certain content, MCS Products, and services available via the MCS Service may include materials from third parties. MCS may provide links to third-party websites as a convenience to you. You agree that MCS is not responsible for examining or evaluating the content or accuracy and MCS does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that MCS is not in any way responsible for any such use by you.

OBJECTIONABLE MATERIAL

You understand that by using the MCS Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the MCS Service at your sole risk and MCS shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. MCS Product types and descriptions are provided for convenience, and you agree that MCS does not guarantee their accuracy.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during your use of the products offered through the MCS Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the MCS Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the MCS Service for signs of symptoms.

INTELLECTUAL PROPERTY

You agree that the MCS Service, including but not limited to MCS Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the MCS Service, contains proprietary information and material that is owned by MCS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the MCS Service in compliance with this Agreement. No portion of the MCS Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the MCS Service in any manner, and you shall not exploit the MCS Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, MCS and its licensors reserve the right to change, suspend, remove, or disable access to any MCS Products, content, or other materials comprising a part of the MCS Service at any time without notice. In no event will MCS be liable for making these changes. MCS may also impose limits on the use of or access to certain features or portions of the MCS Service, in any case and without notice or liability.

All copyrights in and to the MCS Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MCS and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE MCS SERVICE, EXCEPT FOR USE OF THE MCS SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

MCS, the MCS logo, MCS, and other MCS trademarks, service marks, graphics, and logos used in connection with the MCS Service are trademarks or registered trademarks of MCS Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the MCS Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. As an Account holder of the MCS Service in good standing, you may be provided with limited access to download certain art for anything stored in the MCS Library of your MCS application. Such access is provided as an accommodation only, and MCS does not warrant, and will not have any liability or responsibility for, such art or your use thereof. You may access art only for which you are the lawful owner of a legal copy. Art is provided for personal, noncommercial use only. You agree that you will not use art in any manner that would infringe or violate this Agreement or the rights of any other party, and that MCS is not in any way responsible for any such use by you.

TERMINATION

If you fail, or MCS suspects that you have failed, to comply with any of the provisions of this Agreement, MCS, at its sole discretion, without notice to you may:

(i)terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or

(ii)terminate the license to the software; and/or (iii) preclude access to the MCS Service (or any part thereof).

MCS reserves the right to modify, suspend, or discontinue the MCS Service (or any part or content thereof) at any time with or without notice to you, and MCS will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

MCS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MCS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MCS MAY REMOVE THE MCS SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE MCS SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MCS SERVICE IS AT YOUR SOLE RISK. THE MCS SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE MCS SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MCS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL MCS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE MCS SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MCS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MCS SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MCS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MCS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE MCS SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MCS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

MCS DOES NOT REPRESENT OR GUARANTEE THAT THE MCS SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MCS DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY MCS PRODUCTS PURCHASED OR RENTED FROM THE MCS STORE.

WAIVER AND INDEMNITY

BY USING THE MCS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD MCS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE MCS SERVICE, OR ANY ACTION TAKEN BY MCS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MCS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE MCS SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MCS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

MCS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the MCS Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the MCS Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and MCS and governs your use of the MCS Service, superseding any prior agreements between you and MCS. 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. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MCS's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. MCS will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The MCS Service is operated by MCS from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the MCS Service. All transactions on the MCS Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the MCS Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MCS or relating in any way to your use of the MCS Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No MCS employee or agent has the authority to vary this Agreement.

MCS may notify you with respect to the MCS Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the MCS Service. Notices shall become effective immediately.

MCS reserves the right to take steps MCS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that MCS has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MCS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MCS's right to cooperate with any legal process relating to your use of the MCS Service and/or MCS Products, and/or a third-party claim that your use of the MCS Service and/or MCS Products is unlawful and/or infringes such third party's rights).

C. MCS (including “EBOOKSTORE”) TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND www.miraclecenterstore.com ("MCS") GOVERNS YOUR USE OF THE MCS SERVICES (THE “MCS”).

THE MCS, AND MCS SERVICES

MCS is the provider of the MCS that permit you to license software products and digital content (the “App and Book Products”) for end user use only under the terms and conditions set forth in this Agreement. For MCS Products (defined below), end users may be individuals acting in their own capacities, commercial enterprises or educational institutions.

REQUIREMENTS FOR USE OF THE MCS

These MCS are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

The MCS are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the MCS from outside these locations. MCS may use technologies to verify your compliance.

Use of the MCS requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software (including, but not limited to MCS and/or MCS software) is recommended to access the MCS and may be required for certain transactions or features and to download App and Book Products previously purchased from the MCS. You agree that meeting these requirements, which may change from time to time, is your responsibility. The MCS are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the MCS.

YOUR ACCOUNT

As a registered user of the MCS, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify MCS of any security breach of your Account. MCS shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to purchase and download App and Book Products from the MCS, you may be required to enter your MCS ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the MCS ("App and Book Registration Data"), and you agree to update your App and Book Registration Data to keep it accurate and complete. You agree that MCS may store and use the App and Book Registration Data you provide for use in maintaining and billing fees to your Account.

AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES

When you first acquire MCS Products, as defined below, (excluding products acquired from the MCS) or MCS Products, as defined below, through the MCS

(collectively, “Eligible Content”), you may elect to automatically receive (“auto- download”) copies of such Eligible Content on additional compatible iOS Devices and MCS-authorized computers with compatible software by associating such iOS

Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the Eligible Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating system, Eligible Content will automatically appear in the download queue and you may manually initiate the download within MCS.

As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of such previously-purchased Eligible Content onto any Associated Device. Some Eligible Content that you previously purchased may not be available for subsequent download at any given time, and MCS shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased Eligible Content, once you download an item of Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

Association of Associated Devices is subject to the following terms:

(i)You may auto-download Eligible Content or download previously-purchased Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are MCS-authorized computers.

(ii)An Associated Device can be associated with only one Account at any given time.

(iii)You may switch an Associated Device to a different Account only once every 90 days.

(iv)You may download previously-purchased free content onto an unlimited number of devices while it is free on the MCS, but on no more than 5 MCS-authorized computers.

The above terms (i) to (iv) do not apply to MCS Products.

Some pieces of Eligible Content may be large, and significant data charges may result from delivery of such Eligible Content over a data connection.

PRIVACY

The MCS are subject to MCS's Privacy Policy available for review at www.miraclecenterstore.com

USE OF APP AND BOOK PRODUCTS AND THE MCS

You agree that the MCS and certain App and Book Products include security technology that limits your use of App and Book Products and that, whether or not App and Book Products are limited by security technology, you shall use App and Book Products in compliance with the applicable usage rules established by MCS and its principals (“Usage Rules”), and that any other use of the App and Book

Products may constitute a copyright infringement. Any security technology is an inseparable part of the App and Book Products. MCS reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse- engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by MCS for compliance purposes, and MCS reserves the right to enforce the Usage Rules without notice to you. You agree not to access the MCS by any means other than through software that is provided by MCS for accessing the MCS. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the MCS. Violations of system or network security may result in civil or criminal liability.

The delivery of App and Book Products does not transfer to you any promotional use rights in the App and Book Products.

You acknowledge that, because some aspects of the MCS, App and Book Products, and administration of the Usage Rules entails the ongoing involvement of MCS, if MCS changes any part of or discontinues the MCS, which MCS may do at its election, you may not be able to use App and Book Products to the same extent as prior to such change or discontinuation, and that MCS shall have no liability to you in such case.

SUBMISSIONS TO THE MCS

The MCS may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the MCS accessible and viewable by other users of the MCS and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the MCS. You hereby grant MCS a worldwide, royalty-free, nonexclusive license to use such materials as part of the MCS, and in relation to App and Book Products, without any compensation or obligation to you. MCS reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. You may not submit reviews or ratings for MCS Products downloaded using a promotional Content Code.

MCS has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the MCS, to investigate any reported or apparent violation of this Agreement, and to take any action that MCS in its sole discretion deems appropriate, including, without limitation, termination hereunder or under MCS’s Copyright Policy.

THIRD-PARTY MATERIALS

Certain content, App and Book Products, and services available via the MCS may include materials from third parties. MCS may provide links to third-party websites as a convenience to you. You agree that MCS is not responsible for examining or evaluating the content or accuracy and MCS does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that MCS is not in any way responsible for any such use by you.

OBJECTIONABLE MATERIAL

You understand that by using the MCS, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the MCS at your sole risk and MCS shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. App and Book Product types and descriptions are provided for convenience, and you agree that MCS does not guarantee their accuracy.

INTELLECTUAL PROPERTY

You agree that the MCS, including but not limited to App and Book Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the MCS, contain proprietary information and material that is owned by MCS and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the MCS in compliance with this Agreement. No portion of the MCS may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the MCS in any manner, and you shall not exploit the MCS in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, MCS and its principals reserve the right to change, suspend, remove, or disable access to any App and Book Products, content, or other materials comprising a part of the MCS at any time without notice. In no event will MCS be liable for making these changes. MCS may also impose limits on the use of or access to certain features or portions of the MCS, in any case and without notice or liability.

All copyrights in and to the MCS (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by MCS and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE MCS, EXCEPT FOR USE OF THE MCS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

MCS, the MCS logo, MCS, MCS, and other MCS trademarks, service marks, graphics, and logos used in connection with the MCS are trademarks or registered trademarks of MCS Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the MCS may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

TERMINATION

If you fail, or MCS suspects that you have failed, to comply with any of the provisions of this Agreement, MCS, at its sole discretion, without notice to you may:

(i)terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or

(ii)terminate the license to the software; and/or (iii) preclude access to the MCS (or any part thereof).

MCS reserves the right to modify, suspend, or discontinue the MCS (or any part or content thereof) at any time with or without notice to you, and MCS will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

MCS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MCS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MCS MAY REMOVE THE MCS FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE MCS AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MCS IS AT YOUR SOLE RISK. THE MCS AND ALL PRODUCTS AND MCS DELIVERED TO YOU THROUGH THE MCS ARE (EXCEPT AS EXPRESSLY STATED BY MCS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL MCS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE MCS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MCS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MCS, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MCS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MCS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE MCS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MCS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

MCS DOES NOT REPRESENT OR GUARANTEE THAT THE MCS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MCS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY APP AND BOOK PRODUCTS PURCHASED FROM THE MCS.

WAIVER AND INDEMNITY

BY USING THE MCS, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD MCS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE MCS, OR ANY ACTION TAKEN BY MCS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MCS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE MCS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MCS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

MCS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the MCS. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the MCS will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and MCS and governs your use of the MCS, superseding any prior agreements between you and MCS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain App and Book Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MCS's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. MCS will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The MCS are operated by MCS from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the MCS. All transactions on the MCS are governed by California law, without giving effect to its conflict of law provisions. Your use of the MCS may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MCS or relating in any way to your use of the MCS resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No MCS employee or agent has the authority to vary this Agreement.

MCS may notify you with respect to the MCS by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the MCS. Notices shall become effective immediately.

MCS reserves the right to take steps MCS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that MCS has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MCS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MCS's right to cooperate with any legal process relating to your use of the MCS and/or App and Book Products, and/or a third-party claim that your use of the MCS and/or App and Book Products is unlawful and/or infringes such third party's rights).

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. If California law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located.

ADDITIONAL MCS AND MCS TERMS AND CONDITIONS

LICENSE OF MCS AND MCS PRODUCTS

The software products made available through the MCS and MCS (collectively, the

“MCS Products”) are licensed, not sold, to you. There are two (2) categories of

MCS Products, as follows: (i) those MCS Products that have been developed, and are licensed to you, by MCS ( “MCS Products”); and (ii) those MCS Products that have been developed, and are licensed to you, by a third-party developer ( “Third- Party Products”). The category of a particular MCS Product (MCS Product or Third- Party Product) is identified on the MCS application or MCS application.

Your license to each MCS Product is subject to the Licensed Application End User License Agreement set forth below, and you agree that such terms will apply unless the MCS Product is covered by a valid end user license agreement entered into between you and the licensor of that MCS Product (the “Application Provider”), in which case the Application Provider’s end user license agreement will apply to that MCS Product. The Application Provider reserves all rights in and to the MCS Product not expressly granted to you.

You acknowledge that the license to each MCS Product that you obtain through the MCS Services, as defined below, is a binding agreement between you and MCS. You acknowledge that: you are acquiring the license to each Third-Party Product from the Application Provider; MCS is acting as agent for the Application Provider in providing each such Third-Party Product to you; and MCS is not a party to the license between you and the Application Provider with respect to that Third-Party Product. The Application Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.

You acknowledge and agree that MCS and its subsidiaries are third-party beneficiaries of the Licensed Application End User License Agreement or the

Application Provider’s end user license agreement, as the case may be, for each

Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, MCS will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.

IN-APP PURCHASES

Certain MCS Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the MCS Product ("In App Purchases"). In App Purchases that are consumed during the use of the MCS Product (for example, virtual ammunition) cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In App Purchase is acquired and received by you, MCS shall be without liability to you in the event of any loss, destruction, or damage. All In App Purchases are deemed MCS Products, and In App Purchases received within Third-Party Products are deemed Third-Party Products, and treated as such, for purposes of these terms and conditions.

You must authenticate to acquire In-App Purchases separately from any authentication to obtain MCS Products by entering your password when prompted.

IN-APP SUBSCRIPTIONS

Certain MCS Products may include functionality that enables you to acquire content on a subscription basis (“In App Subscriptions”). Paid In App Subscriptions are non- refundable. In App Subscriptions will automatically renew for the applicable time period you have selected, and, where applicable, your Account will be charged no more than 24-hours prior to the expiration of the current In App Subscription. You may cancel automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your Account and selecting the subscription you want to modify. The auto-renew feature of the subscription will be turned off if the Application Provider increases the price of the subscription. You may cancel free In App Subscriptions by deleting the MCS Product from your device. Certain paid In App Subscriptions may offer a free trial period prior to charging your Account. If you decide you do not want to purchase the In App Subscription, turn off auto-renewal in your Account settings during the free trial period. Certain In App Subscriptions may be designated as “Newsstand” products, in which case they will appear only within the Newsstand application on your device after download. You should also review additional information about the paid In App Subscription offer at the point of sale within the MCS Product. We may ask for your permission to provide the name, email address and zip code listed in your Account to the Application Provider so that the Application Provider can send you marketing messages about its own products in accordance with its publicly posted privacy policy. Once the Application Provider has this information, it will be treated in accordance with the Application

Provider’s privacy policy. We encourage you to learn about the privacy practices of the Application Provider before agreeing to give it your personal information. For more information, please review the Application Provider’s privacy policy or contact the Application Provider directly.

MCS PRODUCT USAGE RULES

Except as otherwise set forth herein,

(i) If you are an individual acting in your personal capacity, you may download and use an application from the MCS (“ MCS Product”) for personal, non-commercial use on any MCS-branded products running OS X (“ Computer”) that you own or control.

(ii)If you are a commercial enterprise or educational institution, you may download a MCS Product for use by either (a) a single individual on each of the Computer(s) used by that individual that you own or control or (b) multiple individuals on a single shared Computer that you own or control. For example, a single employee may use a MCS Product on both the employee’s desktop Computer and laptop

Computer, or multiple students may serially use a MCS Product on a single Computer located at a resource center or library. For the sake of clarity, each Computer used serially by multiple users requires a separate license.

(iii)Use may require sign-in with the MCS ID used to download the MCS Product from the MCS. MCS Products can be updated through the MCS only.

MCS PRODUCT USAGE RULES

(i)If you are an individual acting in your personal capacity, you may download and sync an MCS Product for personal, noncommercial use on any iOS Device you own or control.

(ii)If you are a commercial enterprise or educational institution, you may download and sync an MCS Product for use by either (a) a single individual on one or more iOS Devices used by that individual that you own or control or (b) multiple individuals, on a single shared iOS Device you own or control. For example, a single employee may use an MCS Product on both the employee's iPhone and iPad, or multiple students may serially use an MCS Product on a single iPad located at a resource center or library. For the sake of clarity, each iOS Device used serially by multiple users requires a separate license.

(iii)You shall be able to store MCS Products from up to five different Accounts at a time on a compatible iOS Device.

(iv)You shall be able to manually sync MCS Products from at least one MCS- authorized device to iOS Devices that have manual sync mode, provided that the MCS Product is associated with an Account on the primary MCS-authorized device, where the primary MCS-authorized device is the one that was first synced with the iOS Device or the one that you subsequently designate as primary using the MCS application.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents should monitor their children’s video game play for signs of symptoms.

MCS AND MCS PRODUCT MAINTENANCE AND SUPPORT

MCS will be responsible for providing any maintenance and support services with respect to the MCS Products only, as specified in the Licensed Application End User License Agreement or the separate end user license agreement, as the case may be, or as required under applicable law. The Application Provider of any Third- Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed Application End User License Agreement or the Application Provider end user license agreement, as the case may be, or as required under applicable law.

LICENSED APPLICATION END USER LICENSE AGREEMENT

The MCS Products and MCS Products (collectively, “MCS Product(s)”) made available through the MCS Service and MCS Service (collectively, “MCS

Service(s)”) are licensed, not sold, to you. Your license to each MCS Product that you obtain through the MCS Services is subject to your prior acceptance of this

Licensed Application End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each MCS Product that you license through the MCS Service, unless that MCS Product is covered by a valid end user license agreement between you and the Application Provider of that MCS Product, in which case the terms of that separate end user license agreement will govern. Your license to any MCS Product under this Standard EULA or separate end user license agreement is granted by MCS, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that Third-Party Product. Any MCS Product that is subject to the license granted under this Standard EULA is referred to herein as the “Licensed Application”. The Application Provider or MCS as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application on any MCS-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) or OS X (“ Computers”), as applicable (collectively, “MCS Device(s)”) that you own or control and as permitted by the usage rules set forth in the MCS, MCS and MCS Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any MCS Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Computer or iOS Device to a third party, you must remove the Licensed Application from the Computer or iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse- engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b.Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c.Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

d.External Services; Third-Party Materials. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using this software in connection with an MCS Store account, you agree to the latest MCS Store Terms and Conditions and Usage Rules.

You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region.

Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.

You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or MCS. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.

In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the MCS Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE

PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT

WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f.Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO

YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g.You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.- embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h.The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

ADDITIONAL MCS TERMS AND CONDITIONS

PURCHASE OF MCS PRODUCTS

You acknowledge that you are purchasing the content made available through the MCS Service (the “MCS Products”) from the third-party provider of that MCS Product (the “Publisher”); MCS is acting as agent for the Publisher in providing each such MCS Product to you; MCS is not a party to the transaction between you and the Publisher with respect to that MCS Product; and the Publisher of each MCS Product reserves the right to enforce the terms of use relating to that MCS Product. The Publisher of each MCS Product is solely responsible for that MCS Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that MCS Product or your use of that MCS Product.

MCS PRODUCT USAGE RULES

(i)You shall be authorized to use the MCS Products only for personal, noncommercial use.

(ii)You shall be able to store MCS Products from up to five different Accounts at a time on certain iOS-based devices, such as an iPad, iPod touch, or iPhone.

(iii)You shall be able to store MCS Products on five MCS-authorized devices at any time.

(iv)The delivery of MCS Products does not transfer to you any promotional use rights in the MCS Products or any rights to burn the MCS Products to disc.

(v)You shall be able to manually sync MCS Products from at least one MCS- authorized device to devices that have manual sync mode, provided that the MCS Product is associated with an Account on the primary MCS-authorized device, where the primary MCS-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using MCS.