User Agreement

Last Updated August 23, 2023

Welcome to Power to Exhale Caribbean Fest (the “Platform”). By accessing or using the Power to Exhale Caribbean Fest websites, services, applications, products, and content made available to you (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”) and General Conditions (“Conditions”). You are reading the Terms, which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related Services.

The Service is owned and controlled by Power to Exhale, LLC. The Terms of Service serve as a legally binding agreement between you and Power to Exhale, LLC and Power to Exhale Caribbean Fest and set forth the Terms and Conditions by which you may access and use the Platform.

Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the User of the Services; and “us,” “we,” and “ours” means Power to Exhale Caribbean Fest and Power to Exhale, LLC, as the provider of the Services.

Please take the time to read the Terms carefully. Access to certain Services or features of the Service, such as the ability to submit or share User Content may be subject to age restrictions and not available to all Users of the Services. If you are under the age of eighteen (18), you may only use the Service with the consent of a parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

1. Service

The Service includes all Power to Exhale Caribbean Fest products, services, applications, features, and software that we provide to enhance your travel and entertainment experience. The Service is made up of the following aspects:

Personalized experience on an online platform to create content, connect with other Users, discover the digital world abroad, and share personal moments in a meaningful way to encourage you to utilize the Services and build an online community that connects you with people, groups, businesses, and organizations you care about.

Safety, security, and integrity of our Services with teams and systems that work to combat abuse and violations of our Terms and policies, and harmful and deceptive behavior. We develop and use tools that help us serve our travel and entertainment community with technologies that personalize, protect, and consistently improve our Service.

Access to our Services to connect you with travel and entertainment brands, products, and services you care about. The Use of these Services requires us to use data from Power to Exhale, LLC and Power to Exhale Caribbean Fest products, as well as third-party partners, to

show you ads, offers, and other sponsored content that we believe will be meaningful to your travel and entertainment experience.

2. Terms of Service

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. If you are not legally competent to agree to these Terms or if you are not authorized to use the Services by a parent or legal guardian, you may not access or use the Services.

You may not make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof.

You may not distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof.

You may not market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation.

You may not use the Services, without our expressed written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.

You may not interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.

You may not incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion.

You may not impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services.

You may not intimidate or harass another User, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

You may not use or attempt to use another’s account, service or system without authorization

from Power to Exhale, LLC or create a false identity on the Services.

You may not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other Users or writing or soliciting fake reviews.

You may not use the Services to upload, transmit, distribute, store or otherwise make available in any form of files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

You may not distribute any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation.

You may not use any private information of any third party, including addresses, phone numbers, email addresses, or credit card numbers.

You may not use any material which does or may infringe upon any copyright, trademark or other intellectual properties or privacy rights of any other person.

You may not use or share any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.

You may not share any material that would constitute, encourage, or provide instructions for criminal activities, dangerous practices, or self-harm.

You may not share any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.

You may not share any material that is a threat of any kind, including threats of physical violence.

You may not share any material that is racist or discriminatory on the basis of someone’s race,

religion, age, gender, disability, or sexuality.

You may not share material that, in the sole judgment of Power to Exhale, LLC, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Power to Exhale, LLC, Power to Exhale Caribbean Fest, the Services, or its Users to any harm or liability of any type.

In addition to the above Terms of Service, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without notice, to remove or disable access to content at our discretion if that content is found to be objectionable, in violation of these Terms, or otherwise harmful to the Services or our Users.

1. Adhering to the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Power to Exhale, LLC, and that you accept these Terms and agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines. By using the Services, you consent to the Terms of the Privacy Policy and the Terms of Service.

If you are accessing or using the Services on behalf of a business or entity, then: (a) “you” and “your” includes you and that business or entity; (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to

these Terms, and that you agree to these Terms on the entity’s behalf; and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You understand and agree that your access or use of the Services is acceptance of the Terms of this agreement. We recommend that you print off or save a copy of the Terms of Service for your records.

1. Amendment to the Terms

The Terms may be amended from time to time when we update the functionality of our Services or when there are regulatory changes. When such changes occur, we will use reasonable efforts to notify all users of any material changes to these Terms. Notifications of changes may be provided through our Platform, however, you should look at the Terms regularly to check for any changes.

We will also update the “Last Updated” date at the top of these Terms to reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms of Service. If you do not agree to the new Terms, you must stop accessing or using the Services.

1. Your Account

To access or use our Services, you must create an account with us. When you create your user account, you must provide accurate information. It is important that you update any information you provide to us to keep such information current and complete.

Keep your account password confidential and do not disclose it to any third party. If you know or suspect that a third party knows your password or has accessed your account, you must notify us immediately at: www.powertoexhaletravel.org. You agree that you are solely responsible for the activity that occurs under your account.

We reserve the right to disable your User account at any time if you fail to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services and would like to delete your account, contact us at: www.powertoexhaletravel.org. Once you choose to delete your account, you will not be able to restore or reactivate your account or retrieve any of the content or information you have added.

1. General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you request to have your account deactivated, you will lose access to all content, photos, or data through your account, and certain Content or data may appear within the Service (e.g., if your Content was previously shared by others).

Upon termination, all licenses and other rights granted to you in these Terms of Services will immediately cease.

We reserve the right to refuse access to the Service to anyone for any reason at any time. By submitting, posting or displaying Content on or through the Services, you grant Power to

Exhale, LLC and Power to Exhale Caribbean Fest a worldwide, non-exclusive, royalty-free license

(with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. Uses by Power to Exhale, LLC and Power to Exhale Caribbean Fest, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

1. Content

All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music of the Services; and all intellectual property rights related thereto, are either owned or licensed by Power to Exhale, LLC or Power to Exhale Caribbean Fest. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.

You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you:

1. have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and;

1. are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).

1. are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Power to Exhale Caribbean Fest Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms.

Power to Exhale, LLC reserves all rights not expressly granted herein in the Services and Content. You acknowledge and agree that Power to Exhale, LLC may terminate this license at any time for any reason.

1. Third Party Affiliate Links

We make no representations, warranties, or guarantees, whether express or implied, that any Power to Exhale, LLC or Power to Exhale Caribbean Fest Content (including User Content) is accurate, complete, or up to date where our Services contain links to other sites and resources provided by third parties. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

1. User-Generated Content

Users of the Services may be permitted to upload, post or transmit content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user.

You may choose to upload or transmit your User Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as the Term and Conditions of this agreement. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via third-party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users

of the Services, you must always comply with the Terms of this agreement, and you agree that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of this agreement. This means you will be responsible for any loss or damage we suffer as a result of your breach of this agreement.

Your User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.

10. Waiver of Rights to User Content

By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

You understand, as part of this agreement, we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We reserve the right to cut, crop, edit, or refuse to publish your content at our sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Services if your post does not comply with the Terms of this agreement. In addition, we have the right, in our sole discretion, to remove, disallow, block, or delete any User Content that violates these Terms or offends, humiliates, bullies, or causes harm to any other User of the Services.

You control whether your User Content is made publicly available on the Services to all other Users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform. We accept no liability in respect of any content submitted by Users of the Services. If you wish to file a complaint about information or materials uploaded by other Users, contact us at: www.powertoexhaletravel.org.

11. Indemnity

You agree to defend, indemnify, and hold harmless Power to Exhale, LLC and Power to Exhale Caribbean Fest, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorney fees and expenses, arising out of a breach by

you or any User of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Power to Exhale, LLC’s request), indemnify and hold Power to Exhale, LLC’s parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you.

You will cooperate as fully required by Power to Exhale, LLC in the defense of any claim. Power to Exhale, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Power to Exhale, LLC.

1. Exclusion of Warranties

Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to

alter or waive and are legally always entitled to as a Consumer. The Services are provided “As Is” and we make no warranty representation to you with respect to them. We do not represent or warrant to you that: (a) your use of the Services will meet your requirement; (b) your use of the Services will be uninterrupted, timely, secure, or free from error; or (c) defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

1. Limitations of Liability

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that could have been avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirement advised by us.

You understand that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill, or business reputation, business interruption, or loss of business opportunity.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such loss arising. You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the service.

To the fullest extent permitted by law, any dispute(s) you have with any third party arising out of your use of the Services, including, by example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

1. Intellectual Properties

Copyright Infringement- We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Power to Exhale Caribbean Fest’s policies.

Not all unauthorized uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries). Any User Content that infringes on another person’s copyright may be revoked from using the Services.

Trademark Infringement- We prohibit the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship, or affiliation of the associated goods and/or services on our platform.

Any content that violates another owner’s trademark rights may be taken down and the User may be banned from using the Services. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account.

1. Agreement

You agree that in the event of any dispute between you and Power to Exhale, LLC, you will first contact Power to Exhale, LLC and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

Except if you opt-out or for disputes relating to: (a) your or Power to Exhale, LLC’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (b) violations of the Terms of this agreement (“Excluded Disputes”), you agree that all disputes between you and Power to Exhale, LLC (whether or not such dispute involves a third

party) with regard to your relationship with Power to Exhale, LLC, including and without limitation to, disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding individual arbitration and you and Power to Exhale, LLC hereby expressly waive trial by jury.

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Power to Exhale, LLC will participate in a class action or class-wide arbitration for any claims covered by this agreement.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Power to Exhale, LLC is a party to the proceeding.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Power to Exhale, LLC can require the other to participate in an arbitration proceeding. To opt out, you must notify Power to Exhale, LLC in writing within 30 days of the date that you first became subject to this arbitration provision. You must use the following email address to opt out:

power2changecommunications@gmail.com.

You must include your name, residential address, the email address you use for your Power to Exhale Caribbean Fest account, and a clear statement that you want to opt out of this arbitration agreement.

The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. This arbitration agreement will survive the termination of your relationship with Power to Exhale, LLC.

16. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California Users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

Users of the Service who are California residents and are under eighteen (18) years of age may request and obtain removal of User Content they posted by contacting us at: https://powertoexhaletravel.org. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.

1. Consumer Links

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in the Terms of this Agreement. We reserve the right to withdraw linking permission without notice.

1. App Stores

To the extent permitted by applicable law, the following terms shall apply when accessing the Platform through specific devices:

1. Apple Store

By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules

set forth in Apple’s App Store Terms of Services.

Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.

In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.

Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a

U.S. Government embargo, or that has been designated by the U.S. Government as a

“terrorist supporting” country; and (b) you are not listed on any U.S. Government list of

prohibited or restricted parties.

Apple and its subsidiaries are third party beneficiaries of these Terms and upon your

acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

Power to Exhale, LLC and Power to Exhale Caribbean Fest application expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.

2. Google Play

By downloading the Platform from Google Play (or its successors) operated by Google,

Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Power to Exhale, LLC and Power to Exhale Caribbean Fest application or you (or any other user) under these Terms or the Google Play Terms.

1. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

1. Web Security

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer software to access our Services. You should use your own virus protection software.

1. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms of this Agreement will continue to be

valid and enforceable.