Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the Bendaygo Web Sites and the Services (as each are defined below) provided by Bendaygo, LLC or one of its divisions (collectively, "Bendaygo"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Bendaygo Web Sites or Services.

These Terms and Conditions (as they may be amended from time to time by Bendaygo) form a binding agreement (the "Agreement") between you and Bendaygo. Your access to or use of the Bendaygo Web Sites or Services indicates your acceptance of these Terms and Conditions, and your continued access to or use following any amendments to the Terms and Conditions indicates your acceptance of the amended Terms and Conditions. You are agreeing to use the Sites at your own risk.

The following definitions apply to this Agreement:

3.1 "Bendaygo Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.

3.2 "Bendaygo Web Site" or the "Site" (collectively, the "Bendaygo Websites" or the "Sites") means any web site under Bendaygo's control, whether partial or otherwise and includes such Site's Content, and Bendaygo Materials and Services (as applicable in each context).

3.3 "Content" means Bendaygo's web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, data submitted via the Sites by Users and other content made available through the Sites by Bendaygo.

3.4 "Services" means any services provided by Bendaygo or its agents described herein.

3.5 "User" refers to any individual or entity that uses any aspect of the Sites.

3.6 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4.1 General Use Rules. The Sites are intended for recruiters submitting candidates and for employers seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Bendaygo's intended and acceptable use of the Sites. Bendaygo is the sole interpreter of the Sites' intended and acceptable use.

4.2 Bendaygo Intellectual Property Rights. The Sites, the Bendaygo Materials and all right, title and interest in and to the Sites and Bendaygo Materials are the sole property of Bendaygo or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Bendaygo reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Bendaygo Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Bendaygo on such Bendaygo Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Bendaygo Sites, without the express written consent of Bendaygo. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Bendaygo Materials are not considered to be works for hire. "Bendaygo,” the Bendaygo design logo and certain other names or logos are service marks or trademarks of Bendaygo, and all related product and service names, design marks and slogans are the service marks or trademarks of Bendaygo. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Bendaygo's trademarks, service marks and copyrights. Any code that Bendaygo creates to generate or display the Content or the pages making up the Sites is also protected by Bendaygo's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Bendaygo Materials on any authorized copy you make of the Content or Bendaygo Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

4.3 License to Use by Users who are Recruiters. Bendaygo hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for submitting potential candidates to open jobs. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Bendaygo reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. In the event your ability to use the Site is terminated, all future candidate placements, commission fees, bonuses, or any payment due will be terminated.

4.4 License to Use by Users who are Employers. Bendaygo hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Bendaygo also grants you a limited, terminable, non-exclusive license to use the Bendaygo Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bendaygo to any third party without the express written authorization of Bendaygo. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Bendaygo reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. In the event your ability to use the Site is terminated, all future candidate placements, commission fees, bonuses, or any payment due will be terminated.

4.5 User Representations. User represents, warrants and covenants that:

(a) Any materials provided by User for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Bendaygo a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.

(b) If you are acting on behalf of an Employer and posting a job, you have a signed agreement in place with the Employer authorizing your use of Bendaygo’s Services.

(c) If you are acting as a recruiter, you have permission from a candidate before submitting their information on the Bendaygo platform.

(d) You are at least 18 years of age or older.

(e) You will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

4.6 Use of Aggregate Data. You understand and agree that Bendaygo owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Bendaygo may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).

You acknowledge and agree that Bendaygo may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Bendaygo and its Third Party Providers, Bendaygo will have sole responsibility for handling all billing and contract negotiations.

6.1 Allocation of Responsibility. Bendaygo assumes no responsibility for documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Bendaygo acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring documents posted by Users. If notified by a User of a document which allegedly does not conform to these Terms and Conditions, Bendaygo may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such document. Bendaygo has no liability or responsibility to Users for performance or nonperformance of such activities. Bendaygo may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

6.2 No endorsements by Bendaygo. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

6.3 WARRANTY DISCLAIMERS.

(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BENDAYGO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BENDAYGO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) BENDAYGO DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BENDAYGO IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) Bendaygo makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) Bendaygo makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.

(iv) BENDAYGO MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. BENDAYGO DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.

(b) IN NO EVENT SHALL BENDAYGO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BENDAYGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BENDAYGO'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO USD $200.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL BENDAYGO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF USD $200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH BENDAYGO, THE AMOUNTS ACTUALLY PAID BY YOU TO BENDAYGO UNDER THIS AGREEMENT IF GREATER THAN US $200.00).

(e) Due to the nature of this Agreement, in addition to money damages, you agree that Bendaygo will be entitled to equitable relief upon a breach of this agreement by you.

6.5 User Authentication. Because User authentication on the Internet is difficult, Bendaygo cannot and does not confirm that each User is who they claim to be. Because Bendaygo does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Bendaygo from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Please review the Bendaygo’s privacy policy, which is incorporated into this Agreement by reference.

Bendaygo contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Bendaygo of the contents on such third-party web sites. Bendaygo is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Bendaygo may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Bendaygo unless Bendaygo agrees to them in a signed writing specifically including those new or different terms. Bendaygo may change the Sites at any time.

You agree to defend, indemnify, and hold harmless Bendaygo (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any document posted by you, your use of the Services or your breach of this Agreement. Bendaygo shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11.1 When you register on any of the Bendaygo Sites or in connection with the Services, you will be asked to create an account and provide Bendaygo with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

11.2 All User Information will be used in accordance with the terms of Bendaygo's Privacy Policy. Please note, as set forth in the Privacy Policy, that Bendaygo may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Bendaygo reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.

Questions concerning the use of the Sites should be directed to Feedback. Notices to Bendaygo should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Bendaygo reasonably determines is an appropriate address for you.

Bendaygo contact information is listed on the Sites. Bendaygo makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Bendaygo from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of Connecticut.

The sole relationship between you and Bendaygo is that of independent contractors. In no event are you authorized or obligated to commit Bendaygo to any agreement. You agree to never present yourself as a representative of Bendaygo or any of its subsidiaries. You are not authorized to accept payments, goods or services on behalf of Bendaygo.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect.

All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately.

You may not assign or transfer your obligations under this Agreement.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Except as expressly provided by Bendaygo in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement where applicable, constitute the entire agreement between you and Bendaygo.

The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.

14.1 Job Posting Rules:

(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").

(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity. Documents that encourage the User to "email for more details" are not permitted.

(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.

(e) You must disclose the guarantee period for the candidate in the Bendaygo platform (e.g., you guarantee the candidate for 60 days). A recruiter earns their commission if their candidate is offered the job and stays with the employer for the duration of the guarantee period. You must pay the recruiter who was successful in making a placement within 10 days of the guarantee period (e.g., if the candidate is guaranteed for 60 days, you must pay the recruiter before day 70. If there is a delay in payment from the client, you must notify the recruiter before the 10th day.

(f) You must disclose the commission percentage in the Bendaygo platform that you will award a recruiter if a hire is made successfully. To change commission structure for a specific job posting, you must send a written request to eric@bendaygo.com for approval. Any candidates submitted before approval is granted will be tied to the prior commission fee or %. Bendaygo will attempt to approve changes in commission structure as soon as possible; however, Bendaygo will not be responsible for any delays in approving a change in the commission structure. In the event you hire a candidate placed by a recruiter, you must provide a signed offer letter with such recruiter.

(g) Bendaygo is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Bendaygo's sole discretion.

14.2 Recruitment Rules:

(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").

(c) Bendaygo is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Bendaygo's sole discretion.

(d) You cannot solicit a client that is listed on the Bendaygo platform unless there is an existing contract already in place. You may not sign a contract with that client for a period of 365 days after terminating your membership with the Bendaygo community and split board.

(e) You must have permission from a candidate before submitting their information on the Bendaygo platform.

(f) If two recruiters have submitted a duplicate candidate, the recruiting party that submitted the candidate profile at an earlier date will be rewarded the commission fee is a successful hire takes place.

(g) You earn your commission if the following conditions are met:

1. The candidate has not been submitted by another recruiter for the same job before you.

2. The candidate is offered the job and stays with the employer for the duration of the guarantee period. This condition is not met if the candidate is fired for any reason or quits within the guarantee period.

(h) You will be shown a balance in your account as soon as the payment is fully received from the Employer. If the client fails to make a payment, Bendaygo will follow all necessary procedures to follow up and, possibly, move towards legal action against the Employer. Once the payment is received from the Employer, you will be able to make a direct ACH transfer of the payment into any US bank account. You will only be paid if/when Bendaygo gets paid by the client.

14.3 Conduct Rules:

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. Your Bendaygo account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Bendaygo account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Bendaygo account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Bendaygo immediately of any unauthorized use of your account or password.

(d) Report inappropriate postings or conduct to Feedback

(e) You may not delete or revise any material posted by any other person or entity.

(f) If at any time Bendaygo comes to the understanding that you: (i) misled Bendaygo regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Bendaygo reserves the right to terminate your Agreement.

14.4 Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(b) Violation of these Security Rules may result in civil or criminal liability. Bendaygo will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

15.1 Bendaygo respects the intellectual property of others. It is Bendaygo's policy to respond to claims of copyright and other intellectual property infringement. Bendaygo will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Bendaygo may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Bendaygo will terminate access for Users who are repeat infringers.

15.2 Notifying Bendaygo of Copyright Infringement: To provide Bendaygo notice of an infringement, you must provide a written communication Bendaygo that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

15.3 Providing Bendaygo with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Bendaygo with a counter notification by written communication to Bendaygo that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.