EggXpert.com

EggXpert.com (the "Site") is owned and operated by Newegg Mall, Inc. ("Newegg Mall"). Your continued use of this Site is subject to these Terms of Use (the "Terms") and our Privacy Policy. Your use of this Site constitutes your binding acceptance of these Terms, including any modifications we make. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms at any time without notice to you. Such modifications shall become effective immediately upon the posting thereof. Should you object to any Term or any subsequent modification or become dissatisfied with EggXpert in any way, your only recourse is to immediately discontinue use of the Site.

The Site consists of a mix of digital and written content provided by us and our users. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content you post, email, or otherwise make available through the Site. You understand that EggXpert does not control, and is not responsible for Content made available through the Site that is provided by others, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will EggXpert be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on the Site. You acknowledge that EggXpert has no duty to pre-screen or approve Content, but that EggXpert shall have the right, but not the obligation, in its sole discretion to refuse, delete or move any Content on the Site, for any reason, including, but not limited to violation(s) of these Terms. EggXpert reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our Site (the "Content"). You certify that you own all intellectual property rights in the Content. You may not post, email, transmit, or otherwise make available Content that:

• violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
• is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
• is pornographic, obscene, or sexually explicit;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person, licensed or professional, business or entity, including our employees and agents, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• includes personal or identifying information about another person without that person's explicit written consent;
• is false, deceptive, misleading, deceitful, or misinformative;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• offers, promotes or encourages betting or wagering prohibited by law;
• violates these Terms of Use, guidelines or any policy posted on our Site, or interferes with the use of our Site by others;
• causes damage or impairs our servers or network;
• interferes with any other party's use and enjoyment of our Site; or attempts to gain unauthorized access to our services, user accounts, computer systems or networks.

We may examine the Content on the Site on a regular basis and we maintain the absolute right, though not the obligation, to remove any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. We also reserve the right to terminate your access to the Site if you fail to abide by these Terms. In addition, we may take any legal, disciplinary and technical remedies to prevent the violation of these Terms of Use.

We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted or transmitted through or to the Site.

When you post or transmit Content on, to, or through the Site, you grant the Site a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by Newegg Mall, including its parent company, subsidiaries, and affiliates (whether now existing or yet to be established), marketing affiliates (whether now existing or subsequently established), and advertising partners (whether now existing or subsequently established). This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.

To the maximum extent permitted by law, we have the right, but not the obligation, to use your name, city, and state in connection with any use of your Content.

All Content displayed on or made available on our Site is protected by copyright or trademark as a collective work and/or compilation, pursuant to copyright and trademark laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Content or collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of EggXpert, and you agree to abide by any and all intellectual property notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Content or Site.

You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access the Site and the Content through the interfaces provided by the Site. You agree to use the Site only for its intended lawful purpose and in accordance with applicable laws. You understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.

We maintain the right to do any of the following, at any time, with or without prior notice:

• restrict, suspend, or terminate your access to all or any part of our Site;
• change, suspend, or discontinue all or any part of our Site;
• refuse, move, or remove any Content;
• refuse to register any user name that may be deemed offensive;
• establish general practices and policies concerning the Site.

You agree that EggXpert, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if EggXpert believes that you have violated the Terms. Further, you agree that EggXpert shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination.

You agree that use of EggXpert is entirely at your own risk and EggXpert is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. EggXpert also disclaims any warranties for viruses or other harmful components in connection with the Site. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through the Site. Without limitation, we are not responsible for the Content posted by users on the Site and your use of the Site and any services provided is at your own risk. Under no circumstances shall EggXpert be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if EggXpert has been advised of the possibility of such damages), resulting from any aspect of your use of the Site, whether such damages arise from use or misuse of the Site, from inability to use the Site, or the interruption, suspension, modification, alteration, or termination of the Site. Such limitation shall also apply with respect to damages incurred by any information or advice received through the Site to the fullest extent permitted by law. Certain states do not allow the exclusion or limitation of certain damages. In such jurisdictions, some of the foregoing limitations may not apply to you.

You agree to indemnify and hold EggXpert, its officers, subsidiaries, parents, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to, relating to, or arising out of Content you submit, post or make available through the Site, your use of the Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of others.

Membership on the Site is available to anyone 13 years of age or older who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique username and password. The Site is not intended as a service for children and therefore persons under the age of 13 may not become a member. If you are under the age of 18, you represent and warrant that you have the permission of your parent(s) or legal guardian(s) to access and use the Site. You must be a member in order to post messages in the community forum.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You also agree to exit from your account at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site.

If you believe that any Content shown or transmitted through the Site violates these Terms or your intellectual property rights have been violated, you can report such violation at support@eggxpert.com.

In the case of an intellectual property violation, please provide the following information:

• A description of the intellectual property you claim has been infringed;
• Identify the material on the Site that you claim is infringing with enough detail so we may locate it on the Site;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that 1) the above information in your notice is accurate and 2) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address where we can contact you; and
• Your physical or electronic signature.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute arises as to the correct owner of the rights in question, we reserve the right to remove both parties' Content.

The Terms constitute the entire agreement between you and EggXpert and govern your use of the Site, superseding any prior agreements between you and EggXpert. The Terms and the relationship between you and EggXpert shall be governed by the laws of the State of California without regard to any conflict of law provisions. You and EggXpert agree to exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California for the purpose of adjudicating any dispute arising out of or relating to this Agreement. The failure of EggXpert to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(V1: 04-02-07)