GLOBAL ALGAE

TERMS OF USE

Effective Date / Last Updated: April 19, 2022

This Terms of Use (“Terms”) governs your access to and use of the Global Algae websites (“Site”). "Global Algae", "us", "our" and "we" refers to Global Algae Holdings, Inc. and its affiliates and subsidiaries Global Algae Equipment, Global Algae Innovations and Global Algae Technology.

BY ACCESSING OR USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, YOU AGREE THAT (1) THESE TERMS ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND GLOBAL ALGAE, (2) YOU HAVE THE AUTHORITY TO ENTER INTO AN AGREEMENT WITH US ON BEHALF OF YOURSELF AND ANY ORGANIZATION YOU REPRESENT, AND (3) YOU ARE AT LEAST THE AGE OF MAJORITY WHERE YOU LIVE (TYPICALLY AT LEAST EIGHTEEN (18) YEARS OLD). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

Modifications to these Terms.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. By accessing or using the Site after changes are posted you agree to those changes. Material changes will be conspicuously posted to the Site or otherwise communicated to you.

Global Algae’s Privacy Policy describes our practices regarding the collection, use, and sharing of personal information. The Privacy Policy is part of these Terms. If you do not agree to any terms set forth in the Privacy Policy, do not access or use the Site.

Content

The Site, including its text, audio, video, graphics, photographs, interfaces, icons, software, computer code, data, and the design, selection, and arrangement of such content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Global Algae or, as applicable, its licensors.

Intellectual Property Rights

The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any intellectual property belonging to Global Algae or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Except for the rights expressly granted to you in these Terms, Global Algae reserves all ownership rights in and to the Site and Content, including all intellectual property rights.

Use of Trademarks

Global Algae is the owner all right, title and interest in and to its trademarks, names, logos, insignia, and service marks (the “Trademarks”). You do not have the right to use any Trademarks except as expressly agreed to in a signed writing by Global Algae. Any goodwill associated with your use of the Content and Trademarks shall insure solely to the benefit of Global Algae. In addition, the Site may contain third-party trademarks, names, logos, insignia, or service marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.

Use of the Site and Content.

You may only use the Site and Content for the limited purposes of learning more about Global Algae and for using the features on the Site purposefully made available to you.

We respect the intellectual property rights of others and we ask that you do the same. We strive to expeditiously remove any infringing material from the Site if we become aware of it.

Gifts

You have the option to gift Global Algae monetary contributions through our website using a credit or debit card that is processed by a third-party payment processor. Information about our collection and use of payment-related information is set forth in our Privacy Policy and our Gift Giving and Disclosure Policy - please see such policies, which are posted on our website, for more information. If the credit or debit card information that you submit is incorrect or invalid, your payment may not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution.

Acceptable Use Policies

Compliance with Laws. You are responsible for complying with all applicable laws, regulations, and rules in connection with your access to and use of the Site and Content, including all applicable rules regarding online conduct.

Children’s Information. This Site is not intended for use by anyone under the age of thirteen (13) years old. No services on the Site are directed towards anyone under the age of thirteen (13) years old.

Anti-virus. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.

Information You Provide. When you provide information to us, you agree that you only provide current, accurate information and you only provide information that you have a right to share. You must be truthful and accurate in your computer identity. Do not provide us any information that violates law or another person’s intellectual property rights or privacy rights.

Restrictions on Your Use of the Site:

You shall not, nor permit any third party to:

(a) copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Global Algae’s prior written consent.

(b) access the Site or use the Content for the purpose of engaging in competitive activities with Global Algae or to use the Site for commercial purposes.

(d) submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the interests or reputation of Global Algae.

(e) engage in data mining or similar data gathering or extraction activities from the Site.

(f) use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.

(g) access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

(h) use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

(i) engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

(j) frame, mirror or circumvent the navigational structure of any part of the Site.

(k) upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

(l) (i) misrepresent your identity in any way, (ii) alter or delete the content of any messages originating from another person, (iii) intercept messages without permission, (iv) use Global Algae computing resources beyond your authorization, and (v) make Global Algae resources available to third parties.

(m) engage in any conduct while using the Site that Global Algae considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

Social Media

Our Posts on Social Media. Links to Global Algae’s social media pages (e.g., Facebook, Twitter, YouTube, Linked-In and Instagram) are included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Global Algae’s views. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that person or party or any product, service or company they represent.

Your Posts on Social Media. We may or may not review content you and other third parties post on our Social Media Pages. We may remove anything that we deem offensive, inappropriate or inconsistent with the vision of Global Algae posted on our Social Media Pages. We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws. We will treat all information posted to our Social Media pages as non-confidential.

Career Opportunities

Our Site may list available positions to join our staff. When there are open positions, you may apply to work at Global Algae by following the application directions with the posting. You represents that all information contained in any job application you provide is current, accurate, and complete. Do not provide any resume or other job application materials for any person other than yourself. Your submission of a job application does not in any way require Global Algae to review that application or consider you for employment. Career opportunities on the Site are subject to change at any time, at our sole discretion and without notice.

NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL ALGAE EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, COVENANTS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WARRANTIES ARISING STATUTE, COURSE OF DEALING AND USAGE IN TRADE.

THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY REPRESENTATIONS, COVENANTS AND WARRANTIES OF ANY KIND. GLOBAL ALGAE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. GLOBAL ALGAE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. GLOBAL ALGAE DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOBAL ALGAE OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS OR LICENSORS (TOGETHER, “GLOBAL ALGAE PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF A GLOBAL ALGAE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE GLOBAL ALGAE PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE GLOBAL ALGAE PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH:

(a) YOUR USE OF THE SITE OR ANY CONTENT,

(b) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS OR POLICIES ON THE SITE; AND

WE RESERVE, AND YOU GRANT TO US, THE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. IF A GLOBAL ALGAE PARTY DEMANDS INDEMNITY UNDER THIS SECTION, SUCH GLOBAL ALGAE PARTY HAS THE RIGHT TO SELECT LEGAL COUNSEL OF ITS OWN CHOOSING TO REPRESENT GLOBAL ALGAE, AND YOU AGREE TO PAY THE REASONABLE COSTS AND ATTORNEYS’ FEES INCURRED BY SUCH LEGAL COUNSEL.

Third-Party Websites and Content

The Site may link to, or be linked to, websites not maintained or controlled by Global Algae. The Site also contains certain third-party Content. We provide third-party links and Content for your convenience, not as an endorsement. Presence of third-party links or Content does not mean there is any association between Global Algae and any third party.

When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party websites (and such third-party’s use or your personal information), not these Terms. You access third-party Content and websites at your sole risk. Global Algae has no responsibility for any third-party Content.

Linking to the Site

You may not link to the Global Algae Site on your website or elsewhere without Global Algae’s prior written consent. If Global Algae grants its consent, additional terms may apply. You shall pay for all costs and expenses incurred by Global Algae to enforce this clause.

Feedback

If you submit comments or feedback to us regarding the Site or Content, they will be treated in accordance with our Privacy Policy. We may use any comments and feedback that you send us without attribution or compensation to you. If you elect to take any surveys or provide reviews regarding the Content, you agree to only submit honest responses based on your actual experience. We reserve the right to delete any reviews that violate this provision.

Termination

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.

Discontinuation. Global Algae may suspend or terminate the Site or Content, in whole or in part, at any time in its sole discretion for any reason.

No Liability for Suspension or Termination. Global Algae shall not be liable to you or anyone else for any damages arising from or related to Global Algae’s suspension or termination of your access to the Site or Content, or in the event Global Algae modifies, discontinues or restricts the availability of the Site or Content.

Site Unavailability. Without limiting the generality of the previous sections, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

Cooperation with Law Enforcement

Global Algae will cooperate with law enforcement if you are suspected of having violated applicable laws, rules or regulations. YOU WAIVE AND HOLD GLOBAL ALGAE AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS.

Use in the United States.

The Site is intended for use in the United States. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk

Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. Your assignment in breach of this section is void.

Entire Agreement

These Terms, the Privacy Policy, any terms set forth throughout the Site, are the entire agreement between you and Global Algae with respect to your access to and use of the Site. In the event of conflict between the Privacy Policy, these Terms, and any terms set forth throughout the Site, the terms control in the order listed in this sentence.

Waiver

Global Algae’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver will be effective only if in writing and signed by Global Algae.

Severability

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.

Electronic Communications

These Terms and any other agreements, notices, or communications between you and Global Algae may be provided to you electronically if permitted by law. Global Algae may provide notices to you by using any contact information provided by you , or by posting such notices to the Site. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Governing Law

These Terms are governed by the laws of the state of California, U.S.A. without regard to conflict of laws principles. Subject to the arbitration provision below, you agree to venue exclusively in the state or federal courts located in San Diego County, California, with respect to any dispute arising under these Terms and you expressly agree to the exclusive jurisdiction of those courts. Any claim initiated by you must be brought within one (1) year of the cause giving rise to such claim.

Terms Applicable To New Jersey Consumers

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Global Algae reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Please direct any questions and concerns regarding these Terms to us at the following:

Attn: David Hazlebeck, President

PO Box 19623 San Diego, CA 92159-0623

contact@globalgae.com

619-857-3097