PRIVACY POLICY

Effective date: May 28, 2025

Last Reviewed: May 28, 2025

INTRODUCTION.
3dB Labs, Inc. (collectively, “we,” “us,” “our,” or “3dB”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website https://3db-labs.com/ (“Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information we collect:

• On our Website.
• Through the “Contact Us” form on our Website.
• When you interact with our advertisements and applications on third party websites and services, if those applications or advertisements include links to this Privacy Policy.

This Privacy Policy does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by 3dB or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through our Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will handle it. If you do not agree with our policies and practices, please do not use our Website. By accessing or using our Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see “Changes to Our Privacy Policy“ below). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 18.
Our Website is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on our Website or on or through any of its features. If you believe we may have any information from or about a child under 18, please contact us:

By mail at:

9050 Centre Pointe Dr. Suite 340

West Chester Township, OH 45069

By email at:

info@3db-labs.com 

By phone at:

(513) 332-5227

INFORMATION WE MAY COLLECT. 
We may collect the following types of information from and about users of our Website, including:

• Contact Information: first and last name, mailing address, email address, and phone number. 

• Geolocation Information: Imprecise geolocation information gathered through Google Analytics, typically to the city level.

• Financial Information: Credit card number, bank account information, and payment details.

• Information about your background: Educational and employment-related information and demographic information, such as age, date of birth, race/ethnicity, and gender.

• Device and Usage Information: When you access the Website, we may collect information about the device you are using, your use of our Website, including links and locations accessed and downloads. We may also collect location information (if provided) and information about your operating system, browser, IP and MAC addresses, device identifiers, and security status. 

• Other Information: We collect feedback you provide to us, answers to surveys and questionnaires, and other information from which we are able to derive or draw inferences about you based on the information we have collected from you directly, through your device, or through third parties, such as research agencies and data companies.

Please Note: Any information that you provide to us in forums or message boards may be accessible to the public. Please do not include any personal information which you do not want to share with the public in any forums or message boards on the Website.

Please Note: The above represents the categories of personal information we collected about consumers in the preceding 12 months.

HOW WE MAY COLLECT INFORMATION.
We may collect information from and about users of our Website in the following ways:

• Via Automated Means: We may use automated means such as web tools (e.g., cookies pixels, web beacons). Please see “Choices About How We Use and Disclose Your Information” below for how to limit data collection through browser settings or manage preferences on our site. 
• Digital tools: We, or our service providers, vendors, and other companies and organizations we partner with, may deploy digital tools and/or tracking technologies for various purposes, such as for fraud prevention and to advance our advertising and marketing campaigns. We may also collect information about you from additional online and offline sources including from your social media activities, partner organizations, commercially available third party sources, and other publicly available sources. We may combine this information with the personal and other information we have collected about you.

• From others. We may receive information about you from third parties, including, for example, our business partners, subcontractors, analytics providers, service providers, and online providers such as Google Analytics. The information we may collect may include your feedback about our services on our social media accounts. 

 

THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.
Some content or applications, including advertisements, on our Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. However, if you disable or refuse cookies, please note that some parts of our Website may become inaccessible or not function properly. In some cases, you may be able to set your browser or email program to not download web beacons.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information, please see “Choices About How We Use and Disclose Your Information” below.

HOW WE MAY USE INFORMATION.
We may use information for the following purposes:

• To confirm the information we have about you is accurate;
• To manage our relationship with you;
• To verify your identity (such as when you make a data subject access request);
• To prevent and protect against fraud and other risks and to enhance the security of our Website;
• To provide you with the information, products, services, or opportunities you request from us;
• To respond to your requests and communicate with you;
• To manage your preferences;
• To perform analytics concerning your use of the Website;
• To operate, evaluate, and improve our Website and services (including developing new products and services and improving existing products and services);
• To perform data analytics, accounting, auditing, recordkeeping, and other internal functions;
• To comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations, and our policies; and
• For any other purposes that you consent to, or that we may specifically disclose at the time you provide or we collect your information.

 

DISCLOSURE OF YOUR INFORMATION.
We may disclose de-identified information without restriction, except as otherwise described within this Privacy Policy or as expressly disclosed to you.

We may disclose information to the following categories of third parties and for the following purposes:

• To contractors, service providers, and other third parties we use to support our Website and provide services to you, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of 3dB’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by 3dB about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

 

We may also disclose information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use, this Privacy Policy, or other agreements, including for billing and collection purposes.
• To protect the rights, property, or safety of 3dB, our customers, or others.

 

The categories of personal information we have sold or shared about consumers in the preceding 12 months includes the following categories of information as defined in the “Information We May Collect” section above:

• Contact and Background Information;
• Device and Usage Information; and
• Information from Other Sources.

 

The categories of personal information we have disclosed about consumers for a business purpose in the preceding 12 months include the following categories of information as defined in the “Information We May Collect” section above:

• Contact and Background Information;
• Device and Usage Information; and
• Information from Other Sources.

 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
• Disclosure of Information for Third Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can also opt out by sending us an email stating your request to info@3db-labs.com or by submitting a request .
• Promotional Offers from 3dB. If you do not wish to have your contact information used by 3dB to promote our own or third parties’ products or services, you can choose not to opt in or to later opt out of your prior consent by sending us an email stating your request to info@3db-labs.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to 3dB as a result of a product purchase, warranty registration, product service experience, or other transactions.

 

YOUR STATE PRIVACY RIGHTS.
You may have rights under certain U.S. state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know whether we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under applicable U.S. state privacy laws), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”)

 

Depending upon your state of residence, you may also have the following rights:

• Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law)
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law)

 

How to Exercise Your Rights: 
To exercise your rights, you can contact us by submitting a data subject access request via email at info@3db-labs.com, or by using other contact methods provided at the bottom of this document.

Under certain U.S. state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit written and signed proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

California “Shine The Light” Law:
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the “Contact Us” section below.

The exact scope of these rights may vary by state. To exercise rights that may apply to you please call us at (513) 332-5227 or submit a request to info@3db-labs.com. To appeal a decision regarding a consumer rights request, call us at (513) 332-5227 or submit an appeal request to info@3db-labs.com. 

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: call us at (513) 332-5227 or submit a request to info@3db-labs.com. 

How we verify consumer requests:
We may require that your identity be verified prior to processing a verifiable rights request. We may verify your identity by comparing the information we have about you against the information we receive when you submit your request. If we do not have enough information to verify your identity we may request additional information from you, consistent with applicable law. We reserve the right to deny a rights request if you are unable to verify your identity. 

Authorized Agents:
Some states permit you to designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. Even if you use an authorized agent to submit a request on your behalf, pursuant to applicable law we may still require that you verify your own identity directly to us depending on the nature of the request and sensitivity of the information at issue.

If you are an authorized agent submitting a request on behalf of an individual, you must include a copy of the written, signed permission indicating that you are permitted to act on that person’s behalf.

APPEALING A DENIED REQUEST TO EXERCISE STATE PRIVACY RIGHTS.
In some circumstances, we may deny your request to exercise one or more of the rights described above. If you disagree with our decision to reject your request or any portion of our request, you have the right to appeal our decision within 60 days of receipt of notice that your request has been rejected. If you submit an appeal to a denied request more than 60 days after you have been notified of our decision to deny the request we may deny your appeal. If you submit an appeal, we will respond within 45 days of our receipt of your appeal.

If you wish to appeal a decision, please clearly and plainly describe your basis of disagreement with our decision by responding through the same means by which we communicated our decision or by submitting your appeal using the information provided in the “Contact Us” section below. We will review your appeal and either amend or uphold our decision. In either case, we will provide a written explanation of the reason for the decision. 

You may appeal further and/or complain to the Attorney General for your state of residence regarding our decision. The contact information for your state’s Attorney General may be found at: https://www.usa.gov/state-attorney-general. Further, if you are a resident of any of the following states, the applicable link may also be used for contacting such Attorney General:

• Iowa: https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint/complaint-form 
• Kentucky: https://secure.kentucky.gov/formservices/AttorneyGeneral/ConsumerMediationForm
• Maryland: https://portal.oag.state.md.us/cpdportal/ 
• Montana: https://www.dojmt.gov/office-of-consumer-protection/consumer-complaints/ 
• Nebraska: https://www.nebraska.gov/apps-ago-complaints/?preSelect=CP_COMPLAINT 
• New Jersey: https://www.njoag.gov/contact/file-a-complaint/ 
• Oregon: https://justice.oregon.gov/consumercomplaints/

• Tennessee: https://agtnprod.powerappsportals.us/DCA/ 

• Texas: https://consumerprotection.texasattorneygeneral.gov/consumercomplaintportal/s/flow/TCP_Complaint_Input_Data_Privacy 

• Virginia: https://www.oag.state.va.us/consumercomplaintform/start  

 

CHANGES TO OUR PRIVACY POLICY.
It is our policy to post any changes we make to our privacy policy on our Website. If we make material changes to how we treat our users’ personal information, we will post a notice on the Website home page. The effective date is identified at the top of the page. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.

CONTACT US.
To ask questions or comment about this privacy policy and our privacy practices, please contact us:

By mail at:

9050 Centre Pointe Dr. Suite 340

West Chester Township, OH 45069

By email at:

info@3db-labs.com 

By phone at:

(513) 332-5227

0157635.0789340   4916-5235-6931v6

 

TERMS OF USE

Effective date: May 28, 2025

Last modified: May 28, 2025

INTRODUCTION AND ACCEPTANCE.
3dB Labs, Inc. and our affiliates (collectively, “we,” “us,” “our,” or “3dB”) offer you access to our interactive online website (our “Services”). These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our Services. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES. USE OF THE SERVICES SHALL BE DEEMED AS ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

INTELLECTUAL PROPERTY.
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved. For clarity, and as further described in Section 3(c) below, you may not copy the Service Content without obtaining our express written consent, and all uses of our Service Content must include direct credit to us. You may contact us for such written consent via email at info@3db-labs.com or by mail at 9050 Centre Pointe Dr., Suite 340, West Chester Township, OH 45069.

ACCESS AND USE.

1. 1. 1. We may offer certain portions of our Services at no charge. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, our Services, even if you have paid for a license to certain portions of our Services, may not necessarily function across all operating systems and/or different equipment (e.g., mobile devices, computers, etc.). 

      2. Third-Party Terms. IN CERTAIN INSTANCES, YOUR USE OF OUR SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU WITH NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICES. BY USING THE APPLICABLE SERVICES, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

      3. Our Services are provided for use by you or your organization for personal or non-commercial use only. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, or print Service Content. In such cases, you may do so only in the manner authorized and for your non-commercial use only, and any such use which is made public or otherwise shared in any manner must include direct credit to us. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content and that 3dB reserves the right to discontinue the Services, in whole or in part, at any time.

      4. Any software that is made available to view and/or download in connection with our Services is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.

      5. To the extent that our Services contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.

      6. Furthermore, except as expressly permitted in these Terms of Use, you may not: 

1. 1.  

• • 1. • Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;

       • Circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; 

       • Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Services or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission; 

       • Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses; 

       • Solicit other users to join or become members of any commercial online service or other organization without our prior written approval; 

       • Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;

       • Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; 

       • Use network-monitoring software to determine architecture of or extract usage data from our Services;

       • Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity; 

       • Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

       • Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services. 

    2. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

    3. You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

SERVICE CONTENT & THIRD PARTY LINKS.

1. 1. 1. We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content. 

      2. In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities. 

      3. Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website. 

USER CONTENT.

1. 1. 1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. 

      2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. 

      3. You represent, warrant, and covenant that you will not submit any User Content that: 

         • violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

         • impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; 

         • encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;

         • is an advertisement for goods or services or a solicitation of funds; 

         • includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; 

         • contains a formula, instruction, or advice that could cause harm or injury; or 

         • is a chain letter of any kind.  

      4. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted. 

      5. By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users’ permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

      6. By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Leena P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

      7. Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

      8. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content. 

INDEMNIFICATION. 
You agree to indemnify and hold harmless 3dB, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “3dB Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of our Services; (b) content provided by you or on your behalf; (c) any actual or alleged violation or breach by you of these Terms of Use; (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 

DISCLAIMER OF WARRANTIES. 
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE 3DB PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (A) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (F) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT WILL BE CORRECTED.

LIMITATION OF LIABILITY.

1. 1. 1. UNDER NO CIRCUMSTANCES SHALL ANY OF THE 3DB PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT, IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

      2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE 3DB PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

      3. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you. 

TERMINATION.

1. 1. 1. We reserve the right in our sole discretion and at any time to block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for blocking your use of our Services.

      2. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your access to the Services or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under the “Miscellaneous” section below.

COPYRIGHT POLICY.

1. 1. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

   2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Michelle Thompson, michelle.thompson@3db-labs.com. 9050 Centre Pointe Dr., West Chester, OH 45069

   3. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: 

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      • 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.

      • 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 us to locate the material.

      • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

      • 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.

      • 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.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

CHOICE OF LAW; JURISDICTION AND VENUE. 
These Terms of Use shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be subject to mandatory arbitration as set forth below and, if arbitration does not apply, brought exclusively in the state or federal courts of Ohio. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

DISPUTE RESOLUTION & MANDATORY ARBITRATION.

1. 1. 1. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at 9050 Centre Point Drive, Suite 340, West Chester, OH 45069. We will contact you based on the contact information you have provided us.

      2. If, after 30 days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.

      3. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Rules of Arbitration and procedures in effect when the claim is filed applying Ohio law. The rules and procedures and other information, including information on fees, may be obtained from the AAA directly. The arbitration shall take place at a location mutually agreed to by the parties or, if no such agreement is reached, as determined by the AAA.

      4. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

      5. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.

NO CLASS ACTIONS. 
TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, EITHER TO JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

NO TRIAL BY JURY. 
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

AMENDMENT; ADDITIONAL TERMS.

1. 1. 1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. 

      2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting online to the Services. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services.

MISCELLANEOUS. 

1. 1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 

   2. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect. 

   3. Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions. 

   4. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter. 

   5. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

0157635.0789340   4920-2105-4019v7