Terms of Service

    GILLILAND ASSOCIATES, INC. D/B/A MELNIC CONSULTING GROUP  (“MELNIC”) 

    TERMS OF USE, PRIVACY POLICY 

    TERMS OF USE 

    By registering for or purchasing services, programs or products on the Melnic websites, Melnic.com or ac-pnp.com (“Site”), you signify your assent to our Terms of Use Agreement and our Privacy Policy (collectively, the “Agreement”). PLEASE READ THESE TERMS  CAREFULLY. 

    Introduction and Acceptance of Terms 

    By using and/or visiting the Site, any of its subdomains or any other website on which a link to  this Agreement appears you agree to the following terms with Gilliland Associates, Inc., a  Colorado corporation d/b/a Melnic and its affiliates (“Melnic”, “we”, “us”, or “our”) regarding  use of the Site and the services offered on the Site. Before being permitted to act as a registered  user of the Site and/or to purchase services or products or participate in any programs offered by 

    Melnic, you must read, agree to, and accept all of the terms in, and linked to, this Agreement.  By accepting these Terms of Use, you agree that these Terms, as well as any linked documents  made a part of this Agreement, such as Melnic’s rules and the Privacy Policy, will apply  whenever you use the Site and its related services and products. Some affiliated websites may  have additional or other terms that you must follow when you use those sites.  

    As used in this Agreement, “you” or “user” means both (a) the individual submitting resumes or  job applications, submitting job postings, searching, visiting, using or who is or becomes a  registered user of the Site or an existing user of the Site and (b) if applicable, the company or  other business or governmental entities specified by you upon registration or the use of the Site 

    (“your entity”). You and your entity, if any, are jointly and severally liable for your obligations  under this Agreement.  

    Scope of Applicability 

    1. This Agreement applies to all visitors and users of the Site.  
    2. The Site may contain links to third party websites that are not owned or controlled by  Melnic or its affiliates. We have no control over, and assume no responsibility for, the  content, privacy policies, or practices of any third party websites. In addition, we will not  and cannot censor or edit the content of any third party site. BY USING THE SITE YOU  EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS  MELNIC AND ITS RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS,  DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS,  AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR  AGENTS FROM ANY CLAIMS, SUITS, LIABILITIES, LOSSES OR EXPENSES  (INCLUDING ACTUAL ATTORNEYS’ FEES) WHICH ARISE FROM THIRD

    1985661 v2/14817.0001 

    PARTY CLAIMS RELATING TO USE BY YOU OR ANY OTHER PERSON  ACCESSING THE SITE THROUGH YOUR ACCOUNT.  

    1. Accordingly, we encourage you to be aware when you leave Melnic and to read the terms  and conditions and privacy policies of each other website that you visit.  
    2. We reserve the right, in our sole discretion, to amend and supplement this Agreement,  including the Privacy Policy and any other document incorporated herein, at any time, by  posting the revised Agreement to Melnic without further notice to you. Your continued  use of the Site after such changes are posted will constitute your acceptance of such  amended Agreement, other document, or additional terms and conditions. This  Agreement may not be amended by you other than in a writing signed by both parties,  and for purposes of this sentence, “writing” does not include email, and “signature” does  not include an electronic signature.  
    3. Third Party Content. You acknowledge Melnic websites may permit third parties to  submit content, including job applications, resumes, or credentials, and agree to verify the  accuracy of any such content prior to using relying on any content obtained through the  use of Melnic’s websites. All Melnic website content is subject to the Warranty  Disclaimer below.  
    4. Third Party Use. You agree Melnic may distribute any content you submit to third  parties, including to job applicants or employers, subject to the terms of the Contributor  Terms of Use. You warrant all content you provide to Melnic is accurate and true and a  third party may rely on the content you provide.  

    Accounts and Site Usage 

    1. Account. In order to access some features of the Site, you may be required or  encouraged to create an account. You may never use another’s account without  permission from us. When creating your account, you must provide accurate and  complete information. You are solely responsible for the activity that occurs on your  account, and you must keep your account password secure. You agree that you will not  allow others to access your account, nor will you use your account on Melnic on an  outsourcing basis or on behalf of third parties. You must notify Melnic immediately, in  writing, of any breach of security or unauthorized use of your account.  
    2. User Access and Use of the Site and Sharing of Melnic Content. Melnic and all of the  content featured or displayed on Melnic is intended for registered users and customers of  Melnic. You are permitted to access, use and share Melnic and the content featured or  displayed on Melnic only as set forth in these Terms of Use.

    1985661 v2/14817.0001 

    You shall access Melnic and the Content only through the technology or means provided  by Melnic. You agree not to download, copy, distribute or display in any medium any  part of Melnic or Melnic Content, unless you have agreed to these Terms and Conditions  and the Privacy Policy. You also agree not to alter, modify or delete any part of Melnic or  the content featured or displayed on Melnic, and agree not to circumvent, disable or  otherwise interfere with any security features of Melnic, including without limitation  those security features which prevent or restrict the use and/or copying of Melnic’s  Content.  

    1. No “bots.” You agree not to use or launch any automated system, including without  limitation, “robots,” “spiders,” “offline readers,” or any other device, software, hardware,  or program that accesses Melnic in a manner that sends more request messages to the  Melnic servers in a given period of time than a human can reasonably produce in the  same time period by using a conventional on-line web browser. You agree not to collect  or harvest any personally identifiable information, including account names, from Melnic, nor to use any communication systems that may be provided by Melnic for any  commercial solicitation purposes, other than as expressly permitted elsewhere in this  Agreement. 
    2. Liability for Loss. Melnic will not be liable for any losses you sustain as a result of  unauthorized use of the Site or your account. You will be further liable for all losses  sustained by Melnic or others due to such unauthorized use, including all costs, attorneys’  fees, and other damages that directly or indirectly relate to use by you or any other person  accessing the Site through your account. In the event that Melnic or its affiliates should  bring any action or claim arising out of this Agreement against you in which we prevail,  you must pay to us any and all costs incurred by Melnic in enforcing the terms and  conditions of this Agreement, including actual attorneys’ fees, court costs, and all other  costs and fees associated with such action.  
    3. Discontinuation of Services. Melnic reserves the right to discontinue its Site or any  goods, products or services offered on the Site at any time.  
    4. Termination and Suspension of User Account. We agree to provide you access to the  Site and the services available on the Site only as authorized in this Agreement. We  reserve the right to reject your user registration by disabling your registered account.  Even after acceptance, we may terminate or suspend your account and ability to visit or  use the Site in our sole discretion, with or without cause and without prior notice to you.  If we believe your actions may cause us or other visitors or users legal liability, harm, or  loss, we reserve the right to notify other visitors and users of your actions.  

    Digital Millennium Copyright Act 

    1. Melnic is protected under Title II of the Digital Millennium Copyright Act (“DMCA”).  As such, Melnic will respond to any allegations of copyright violations in accordance  with the DMCA. Below you will find our policies and takedown notices as required by 

    1985661 v2/14817.0001 

    the DMCA. The following applies to any and all copyrights/trademarks and owners of  intellectual property interested in utilizing this procedure, as well as service users  interested in restoring access to material mistakenly taken down or not used due to a  perceived DMCA violation or infringement of a third party’s intellectual property rights.  

    Melnic will follow the procedures provided in the DMCA to properly enforce rights of  copyright holders. When a proper DMCA notification is received by the designated  DMCA Agent, or an administrator becomes otherwise aware that copyright rights are  infringed, we will remove or disable access to infringing materials as soon as possible.  Melnic will not necessarily send a confirmation regarding the removal/disabling. 

    1. If you are a copyright owner or an agent thereof and believe that any other submission  made by another user to the Site or services or other content infringes upon your  copyrights, you may submit a notification pursuant to the Digital Millennium Copyright  Act by providing our Copyright Agent with the following information in writing (see 17  U.S.C. § 512I(3) for further detail): 
    2. A physical or electronic signature of a person authorized to act on behalf of the  owner of an exclusive right that is allegedly infringed; 
    3. Identification of the copyrighted work claimed to have been infringed, or, if  multiple copyrighted works at a single online site are covered by a single  notification, a representative list of such works at that site; 
    4. Identification of the material that is claimed to be infringing or to be the subject of  infringing activity and that is to be removed or access to which is to be disabled  and information reasonably sufficient to permit the service provider to locate the  material; 
    5. Information reasonably sufficient to permit the service provider to contact you,  such as an address, telephone number, and, if available, an electronic mail;  
    6. A statement that you have a good faith belief that use of the material in the  manner complained of is not authorized by the copyright owner, its agent, or the  law; and 
    7. A statement that the information in the notification is accurate, and under penalty  of perjury, that you are authorized to act on behalf of the owner of an exclusive  right that is allegedly infringed.  

    Agent. Melnic’s designated Copyright Agent to receive notifications of claimed infringement  may be contacted through  

    Haynes and Boone, LLP 

    Jason P. Bloom 

    Partner 

    jason.bloom@haynesboone.com

    1985661 v2/14817.0001 

    2323 Victory Avenue 

    Suite 700 

    Dallas, TX 75219-7672 

    (t) 214.651.5655 

    (f) 214.200.0396 

    (m) 214.208.3181 

    1. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback,  comments, reports of abuse, requests for technical support, and other communications should be directed to Melnic customer service through jill@melnic.com. You  acknowledge that if you fail to comply with all the requirements of this Section your  DMCA notice may not be valid.  
    2. Counter-Notice. If you believe that any materials information, products or goods submitted by you to Melnic that was or were removed (or to which access was disabled)  is not infringing, or that you have the authorization from the copyright owner, the  copyright owner’s agent, or pursuant to the law, to post and use the consent in your  Advertising Assets, you may send a counter-notice containing the following information  to the Copyright Agent: 
    3. Your physical or electronic signature; 
    4. Identification of the content that has been removed or to which access has been  disabled and the location at which the content appeared before it was removed or  disabled; 
    5. A statement that you have a good faith belief that the content was removed or  disabled as a result of mistake or a misidentification of the content; and 
    6. Your name, address, telephone number, and e-mail address, a statement that you  consent to the jurisdiction of Denver, Colorado, and a statement that you will  accept service of process from the person who provided notification of the alleged  infringement.  

    If a counter-notice is received by the Copyright Agent, Melnic may send a copy of the  counter-notice to the original complaining party informing that person that it may replace  the removed content or cease disabling it in 10 business days. Unless the copyright  owner files an action seeking a court order against the content provider, member or user,  the removed content may be replaced, or access to it restored, in 10 to 14 business days  or more after receipt of the counter-notice, at Melnic’s sole discretion. 

    We will act on all abuse reports and confront offending users. Users found to be guilty of this  Agreement or any patent, copyright or trademark infringement will either receipt a warning or 

    1985661 v2/14817.0001 

    will prohibited from further using the Site, with sole discretion as to handling of the infraction  remaining with us.  

    Warranty Disclaimer 

    YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO  THE FULLEST EXTENT PERMITTED BY LAW, MELNIC AND ITS RESPECTIVE  OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS DISCLAIM ALL  WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MELNIC AND USE OF  THE SITE. MELNIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE  ACCURACY OR COMPLETENESS OF MELNIC’S CONTENT OR THE CONTENT OF  ANY SITES LINKED TO MELNIC AND ASSUMES NO LIABILITY OR RESPONSIBILITY  FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL  INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM  YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR  USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION  AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR  CESSATION OF TRANSMISSION TO OR FROM MELNIC, (5) ANY BUGS, VIRUSES,  TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH  MELNIC BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY  CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT  OF THE USE OF ANY CONTENT OR ADVERTISING ASSETS POSTED, EMAILED,  TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MELNIC. MELNIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.  

    Limitation of Liability 

    NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL  MELNIC AND ITS RESPECTIVE MEMBERS, SHAREHOLDERS, MANAGERS,  DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS,  OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR  AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,  PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT  GREATER THAN THE AMOUNTS PAID BY YOU UNDERNEATH MELNIC THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2)  ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER 

    RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN  ANY MELNIC PROGRAMS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR  SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR  FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR  CESSATION OF TRANSMISSION TO OR FROM MELNIC, (5) ANY BUGS, VIRUSES,  TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH  MELNIC BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY  CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT  OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR  OTHERWISE MADE AVAILABLE VIA MELNIC, WHETHER BASED ON WARRANTY, 

    1985661 v2/14817.0001 

    CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT  MELNIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING  LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED  BY LAW IN THE STATE OF COLORADO. YOU SPECIFICALLY ACKNOWLEDGE  THAT MELNIC SHALL NOT BE LIABLE FOR USER’S CONTENT OR THE  DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND  THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY  WITH YOU. IN NO EVENT SHALL MELNIC BE RESPONSIBLE FOR ANY VIOLATION  OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED  BY YOU. Melnic is controlled and offered by Melnic from its facilities in the United States of  America, State of Colorado. Melnic makes no representations that Melnic is appropriate or  available for use in other locations. Those who access or use Melnic from other jurisdictions do  so at their own volition and are responsible for compliance with local law in Colorado and the  United States of America. 

    Indemnity 

    You agree to defend, indemnify and hold harmless Melnic, and its respective parents,  subsidiaries, shareholders, members, directors, managers, officers, employees agents, successors  and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or  debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of or 

    access to Melnic; (ii) your violation of any provision of this Agreement; and (iii) your violation  of any third party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive this Agreement and your use of the  Site. 

    Ability to Accept Terms of Use 

    You affirm that you are 18 years of age or older, or an emancipated minor, and are fully able and  competent to enter into the terms, conditions, obligations, affirmations, representations, and  warranties set forth in this Agreement. 

    Assignment 

    This Agreement and any rights and licenses granted hereunder, may not be transferred or  assigned by you, but may be assigned by Melnic without restriction. 

    Non-Disparagement 

    You shall not make any communication that is intended or reasonably understood to disparage,  criticize, condemn, or impugn the personal, professional, or business reputation of Melnic and its shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators,  affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation  any communication that could have the effect of or intention of which is to cause embarrassment,  disparagement, damage or injury to the reputation, business, or standing in the community of any 

    1985661 v2/14817.0001 

    such parties and regardless of whether any such communication is or may be true or founded in  facts. 

    Privacy 

    We do not use, sell or rent your personal information to non-affiliated third parties for their  marketing purposes without your explicit consent. We also do not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit  consent. We use your information only as described in the Melnic Privacy Policy. You can  access and modify the information you provide us and choose not to receive certain  communications by modifying your preferences. For a complete description of how your  personal information may be used on Melnic and your choices in this regard, please the Melnic 

    Privacy Policy. Your acceptance of this Agreement constitutes your acceptance of the Privacy  Policy, which is incorporated herein by reference. If you object to your personal information  being used as described in the Privacy Policy please do not use or register to use our services.  

    Disclosure 

    Notwithstanding anything to the contrary, Melnic may disclose personally identifiable  information, business records, or other information to third parties in the event of any of the  following: (1) To allow a third party contractor to help operate Melnic or Melnic’s business; (2)  If a court order, arbitration order, or other governmental order is sought to disclose the  personally identifiable information or a subpoena is served that purports to require the disclosure  of the personally identifiable information; (3) The information needs to be disclosed in order to  provide requested products, goods or services; or (4) Melnic finds that your actions violate  Melnic’s policies or usage guidelines. In addition, Melnic may disclose anonymous information,  including, without limitation, your location and your use of the services provided to you by  Melnic to illustrate patterns and trends of site access and usage.  

    Relationship of the Parties 

    The relationship between you and Melnic is as independent contractors, and nothing in this  Agreement will create any partnership, joint venture, agency, franchise, sales representative  relationship, or employment relationship between you and us or our respective affiliates. You  will have no authority to make or accept any offers or representation on our or our affiliates’  behalf. You agree not to make any statement, whether on your website, its subdomains or  otherwise, that contradicts or may contradict anything in this section. 

    Miscellaneous Provisions 

    By visiting, using or registering to use Melnic and/or the goods, products or services provided by  Melnic, you agree this Agreement shall be governed by the substantive laws of the State of  Colorado, without respect to its conflict of law principles. Except for the equitable enforcement  of this Agreement, any claim or dispute between you and Melnic or its affiliates with respect to  this Agreement shall be decided exclusively through the procedures and policies of the American  Arbitration Association unless other procedures are agreed upon in writing by Melnic. Venue 

    1985661 v2/14817.0001 

    for such hearings shall be in Denver, Colorado. The cost of arbitration shall be split equally  between the parties, except that each party shall bear its own attorneys’ fees. These Terms of Use  and the Melnic Privacy Policy, and any other legal notices published from time to time by  Melnic, shall constitute the entire agreement between you and Melnic concerning your  registration and use of the Site. If any provision of these Terms of Use is deemed invalid by a  court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the  remaining provisions of this Agreement (including the Privacy Policy), which shall remain in full  force and effect. No wavier of any term of these Terms of Use shall be deemed a further or  continuing waiver of such term or any other term, and Melnic’s failure to assert any right or  provision under this Agreement shall not constitute a waiver of such right or provision. Melnic reserves the right to amend these Terms of Use at any time and without notice, and it is your  responsibility to review these Terms of Use for changes that may occur. Your use of the Site  following any amendment of these Terms of Use will signify your assent to and acceptance of its  revised terms. You may be asked to provide feedback regarding Melnic and hereby grant Melnic a perpetual, royalty-free, unlimited license to use and/or incorporate such feedback into the Site  or any other product or service of Melnic. YOU AND WE BOTH AGREE THAT ANY  CAUSE OF ACTION ARISING OUT OF OR RELATED TO MELNIC MUST COMMENCE  WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH  CAUSE OF ACTION IS PERMANENTLY BARRED. 

    1985661 v2/14817.0001 

    PRIVACY POLICY 

    By registering for or purchasing services, programs or products with the Melnic website,  Melnic.com or ac-pnp.com (“Site”), you signify your assent to our Terms of Use Agreement  and our Privacy Policy (collectively, the “Agreement”). PLEASE READ THESE TERMS  CAREFULLY. 

    Introduction 

    Gilliland Associates, Inc., a Colorado corporation, d/b/a Melnic (“Melnic”), is the operator of the  Site and its subdomains. As part of its business, Melnic may gather personally identifiable  information on its websites as well as anonymous data regarding the website and your activities  on the site. Melnic takes its privacy obligations very seriously. Our Privacy Policy is designed  to assist you in understanding how we collect and use the personal information you provide to us  and to assist you in making informed decisions when using our site and our products and  services. If you have questions or complaints regarding our privacy policy or practices, please  contact us at jill@melnic.com.  

    As used in this Privacy Policy, “Melnic”, “we”, “us”, and “our” refers to Melnic, and its  affiliated entities and the “Site” refers to Melnic.com, its subdomains and any other site on which  this Privacy Policy appears. This Privacy Policy does not apply to any offline data collection or  practices of Melnic. 

    As used in this Privacy Policy, “you” or “user” means both (a) the individual visiting, using or  who is or becomes a registered user of Melnic or the existing user of Melnic now agreeing to this  Agreement, as the case may be, and (b) if applicable, the company or other business or  governmental entities specified by you upon registration or the use of the Site or the use or  sharing of any Melnic content (“your entity”). You and your entity, if any, are jointly and  severally liable for your obligations under this Privacy Policy.  

    Jurisdiction 

    The Site is operated from servers located in the United States of America. If you are located  outside the United States and are accessing the Site, please be aware that information you  provide on the Site is being transferred to and stored in the United States. The Site’s personal  information practices and the terms of this Privacy Policy may or may not comply with foreign  law, so if you do not agree with the terms of this Agreement, please do not use the Site. 

    What Information Do We Collect? 

    When you visit our Site you may provide us with two types of information: (i) personal  information (such as your name, birth date, phone number, email address and mailing address)  (collectively, “Registration Information”) collected on an individual basis; and (ii) Site use  information collected on an anonymous and aggregate basis as you and others browse our Site.  Whenever Melnic collects personally identifiable about you, it reserves the right to use that  information for marketing Melnic and its various activities. We may use the personally 

    1985661 v2/14817.0001 

    identifiable data collected to undertake a variety of marketing activities including, but not limited  to, email, direct mail, site personalization, telephone marketing and other digital and traditional  methods of advertising and communication. Melnic does not sell or “monetize” data to third parties. Melnic, however, does and will send marketing messages on behalf of its sponsors and  partners. It will do so without giving any of your personally identifiable information to those  sponsors and partners for their own use. 

    Personal Information You Choose to Provide. 

    1. Registration Information. You may provide us with certain information about  yourself, your firm or company, and your practices when you register to be a member of  Melnic.com, register for certain services, or register for email newsletters and alerts. 
    2. Email Information. If you choose to correspond with us through email, we may  retain the content of your email messages together with your email address and our responses. 
    3. Site Use Information. Similar to other commercial websites, Melnic utilizes a  standard technology called “cookies” (see explanation below, “What Are Cookies?”) and server  logs to collect information about how our Web site is used. Information gathered through  cookies and server logs may include the date and time of visits, the pages viewed, time spent at  our Site, and the websites visited just before and just after Melnic. We, our advertisers, and ad  serving companies may also use small technology or pieces of code to determine which  advertisements and promotions users have seen and how users responded to them. 
    4. How Do We Use the Information That You Provide to Us? Broadly speaking, we  use personal information for purposes of administering and expanding our business activities,  providing customer service and making available other products and services to our customers  and prospective customers. Occasionally, we may also use the information we collect to notify  you about important changes to our Site, new services and special offers we think you will find  valuable. You may notify us at any time if you do not wish to receive these offers by emailing us  at jill@melnic.com. From time to time Melnic may allow its Sponsors or marketing partners to  offer Site visitors an opportunity to opt-in” to receive marketing information directly from that  Sponsor or marketing partner. In such cases, on the registration page, an “opt-in” question will  appear clearly explaining that by checking the box you agree to share your personally  identifiable information with that particular Sponsor or marketing partner. If there is not a  Sponsor ”opt-in” question on a registration form, Melnic will not give any of the data collected  to any Sponsor or partner.  
    5. Disclosure of Personal Information. We may disclose your personal information  if required: (a) by law or subpoena or if we believe that such action is necessary to comply with  the law or legal process served on us or affiliated parties; (b) protect and defend our rights and  property, our site, the users of our site, and/or our affiliated parties; (c) to act under  circumstances to protect the safety or security of users of our site, us, or third parties. We may  also disclose your personal information, to the extent necessary, to effectuate any payment  transactions authorized by you.

    1985661 v2/14817.0001 

    1. What Are Cookies? A cookie is a very small text document, which often  includes an anonymous unique identifier. When you visit a website, that site’s computer asks  your computer for permission to store this file in a part of your hard drive specifically designated  for cookies. Each website can send its own cookie to your browser if your browser’s preferences  allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business  partners (e.g., advertisers) use cookies that originate from their sites. We have no access or  control over those cookies.  

    You can decide if and how your computer will accept cookies by configuring  your preferences option within your web browser. To disable this function in your web browser,  choose the “help” menu and follow the instructions for deleting cookies and preventing your  browser from downloading additional cookies. If you choose to reject cookies, you can still  browse our Site, but you may be unable to post on the Site or otherwise access certain services  and content available on the Site. Melnic does not store personal or confidential information in  cookies (although our third party advertisers may – and we take no responsibility for their  actions). 

    1. How Do We Use Information We Collect from Cookies? As you browse Melnic,  the site uses its cookies to differentiate you from other users. In some cases, we also use cookies  to prevent you from seeing unnecessary advertisements or requiring you to log in more than is  necessary for security. Cookies, in conjunction with our server’s log files, allow us to calculate  the aggregate number of people visiting the Site and which parts of the site are most popular.  This helps us gather feedback in order to constantly improve our Site and better serve our  customers. Cookies do not allow us to gather any personal information about you and we do not  store any personal information that you provided to us in your cookies. 
    2. Sharing Information with Third Parties. We may enter into alliances, partnerships  or other business arrangements with third parties who may be given access to personal  information including your name, address, telephone number and email for the purpose of  providing you information regarding products and services that we think will be of interest to  you. In connection with alliances, partnerships or arrangements, we may also provide certain  information to third parties if we have determined that the information will be used in a  responsible manner by a responsible third party. We also use third parties to facilitate our  business, including, but not limited to, sending email and processing credit card payments. In  connection with these offerings and business operations, our partners and other third parties may  have access to your personal information for use in connection with business activities. As we  develop our business, we may buy or sell assets or business offerings. Customer, email, and  visitor information is generally one of the transferred business assets in these types of  transactions. We may also transfer such information in the course of corporate divestitures,  mergers, or any dissolution.  
    3. Widgets. Our Site may include Widgets, which are interactive mini-programs  that run on any website in which the Widget is embedded, to provide specific services from  another company and through which data and/or information is displayed (e.g. displaying the news, opinions, videos, music, etc.). Personal information, such as your email address, may be 

    1985661 v2/14817.0001 

    collected through the Widget. Cookies may also be set by the Widget to enable it to function  properly. Information collected by this Widget is governed by the privacy policy of the company  that created it. 

    1. Notice of New Services and Changes. Occasionally, we may also use the  information we collect to notify you about important changes to our Site, new services and  special offers we think you will find valuable. As our customer, you will be given the  opportunity to notify us of your desire not to receive these offers by sending us an email request  at jill@melnic.com. 
    2. How Do We Protect Your Information? The security of your personal  information is important to us. We follow generally accepted industry standards to protect the  personal information submitted to us, both during transmission and once we receive it. No  method of transmission over the Internet, or method of electronic storage, is 100% secure,  however. Therefore, we cannot guarantee its absolute security. If you have any questions about  security on our Site, you can contact us at jill@melnic.com. 
    3. How Can You Access and Correct Your Information? You may request access or  make corrections to all your personally identifiable information that we collect online and  maintain in our database by emailing jill@melnic.com. 
    4. Updating/Accessing/Amending/Correcting Personally Identifiable Information. If  your personally identifiable information changes, or if you no longer desire to use or access our  Site or to obtain service or Programs provided on the Site, you may correct, update, amend,  delete/remove or deactivate it by making the change on our member information page or by  emailing our Customer Support at jill@melnic.com or by contacting us by telephone or postal  mail at the contact information listed below. 
    5. What About Other Web Sites Linked to Melnic? We are not responsible for the  practices employed by websites linked to or from our Site nor the information or content  contained therein. Often links to other websites are provided solely as pointers to information on  topics that may be useful to the users of our Site.  

    Please remember that when you use a link to go from our Site to another website,  our Privacy Policy is no longer in effect. Your browsing and interaction on any other website,  including websites which have a link on our Site, is subject to that websites own rules and  policies. Please read over those rules and policies before proceeding.  

    1. Children’s Privacy. The Site is not intended for or directed to persons less than  18 years of age. We do not knowingly solicit or collect personal information from or about  children, and we do not knowingly market our services to children. If you are under 18 years of age, do not use the Site. 
    2. For Persons Outside the United States. By consenting to this Privacy Policy, you  confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth in the Agreement. You agree that by using the Site, your personal data will 

    1985661 v2/14817.0001 

    be transferred to Melnic servers located in the United States in connection with the purposes  stated in this Privacy Policy. You understand that the laws with respect to the protection of  personal data in the United States may be more or less stringent than those in your home  jurisdiction. 

    1. Submissions. Suggestions, materials, Advertising Assets (as defined in the  Content Licensing Agreement) or other intellectual property sent or transmitted to us via our Site  are governed by the separate terms applicable to such materials identified at the time of  submission (if any). All such items shall be deemed to be non-confidential, and we shall have no  obligation of any kind with respect to such items and shall be free to use and distribute them to  others. 
    2. Acceptance of Privacy Policy. By using our Site, you signify your acceptance of  this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not  submit any personal information to us through our Site. 

    Material Changes to Policy 

    Melnic may make material changes to this Privacy Policy from time to time. Therefore, you  should periodically visit this page to view the current Privacy Policy. In the event of a material  change to this Privacy Policy, Melnic shall post a notice on the Site advising of such changes.

    1985661 v2/14817.0001