Effective Date: March 7th, 2024

These Terms of Use (“Terms”) govern your use of the websites (including www.petersen.org (the “Museum Website”) and www.petersenstore.org (the “Online Store”)) mobile applications, and other online platforms or services operated by Petersen Automotive Museum Foundation (“Petersen,” “we,” “us,” or “our”) where these Terms are posted (collectively, the “Sites”). These Terms represent a binding contract between Petersen and you. By creating an account, engaging in a Transaction (defined below), or otherwise using the Sites (except for the limited purpose of reviewing these Terms or other agreements or policies on the Sites), you expressly represent that you (i) are legally competent to enter into this agreement, (ii) are above the age of majority in your jurisdiction of residence, and (iii) agree to be bound by these Terms. If you do not agree to be bound by the Terms, you may not use the Sites.

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. All Additional Terms are hereby incorporated by reference into these Terms. Any reference to the “Terms” in this agreement includes the Additional Terms. From time to time, Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Sites, you may need to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites. You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

COPYRIGHT AND TRADEMARK OWNERSHIP

The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Petersen Content”), are the exclusive property of Petersen, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites only for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. Petersen reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Petersen Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Petersen or any applicable third-party suppliers. Further, without the prior written permission of Petersen, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Petersen or any of its licensors into another website or other service.

Any unauthorized use of the Petersen Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

USER CONTENT & LICENSE GRANT TO PETERSEN

Certain aspects of the Sites may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Petersen, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Petersen. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content. You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for the opportunity to use the Sites and submit, post, link, share, or otherwise make available that User Content, you automatically grant, or warrant that you and/or the owner of such content has expressly granted Petersen a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses.

User Content shall not be deemed confidential and Petersen shall not have any obligation to keep any such material confidential. Petersen shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information. You are responsible for your User Content, and acknowledge that once published, we cannot always remove it.

VIDEO CONTENT ON THE SITES

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with Petersen’s non-profit activities related to automotive history. Petersen is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that Petersen is not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710. Further, the Sites may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Sites (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Sites being transmitted from your browser to Petersen and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Petersen’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. As such, you hereby acknowledge and agree that, if Targeting Tools on the Sites result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Petersen under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against Petersen based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.

SITE TRANSACTIONS

On the Sites, you will be permitted to engage in certain financial transactions (“Transactions”) with Petersen, including the purchase of admission to Petersen Automotive Museum (the “Museum”), the purchase of Memberships (defined below), the purchase of physical merchandise, and donations to the Petersen Automotive Museum Foundation. Petersen only engages in Transactions with adults. If you are under the age of majority in your jurisdiction of residence, you may not engage in a Transaction on the Sites or provide any information to Petersen. If you wish to initiate a Transaction through the Sites, you will be asked to supply certain information relevant to your Transaction, including information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER.

You further agree to provide current, complete, and accurate information for all Transactions initiated on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your Transaction and contact you as needed. By submitting any information in connection with a Transaction, you grant to Petersen the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of a Transaction. We reserve the right not to approve a Transaction and, as applicable, ship an order until payment in full has been received. If payment in full has not been processed within thirty (30) days of the initiation of the Transaction, the Transaction will be automatically cancelled. All special orders (e.g., personalized/specially fitted items) must be paid in full at the time of order. As a security precaution, all IP addresses associated with Transactions will be stored. Petersen’s acknowledgement of a Transaction means that your request has been received; it does not mean that your Transaction has been accepted or that your order has shipped (if applicable) or that the price or availability of any product or service has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify Transactions and shall have no liability to you other than refunding or modifying your Transaction, if applicable. Without limiting the foregoing, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per Transaction. These restrictions may include Transactions initiated by or under the same customer account, the same credit card, and/or that use the same billing and/or shipping address. If we make a change to or cancel a Transaction, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made.

Transactions for resale purposes are not authorized. We reserve the right to limit or prohibit Transactions that appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice.

You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when such charges are incurred including, without limitation, any shipping and handling charges that may apply. You remain solely responsible for any taxes that may be applicable to your Transactions. Further, it is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Sites. By initiating a Transaction, you represent that any products ordered will be used only in a lawful manner. Any offer for any product or service made on the Sites is void where prohibited. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier. In addition to Additional Terms located elsewhere on the Sites, some items purchased via the Sites, such as tickets for admission to the Museum, may have additional terms and conditions on or accompanying the physical item itself. Please carefully review any such terms and conditions upon receipt of the relevant item. If you purchase a product on the Sites and select shipping to a California address, you must pay 9.50% California Sales Tax. This is required by the California State Board of Equalization. In the event that this tax is not included in the displayed price when the Transaction is initiated on the Sites, the price will be adjusted accordingly during the processing of your Transaction and the amount charged to your payment method will include the California Sales Tax. You will not be notified of this adjustment prior to being charged. Online orders usually process within 2-4 business days unless otherwise stated in the product description. All special orders and custom orders will be processed in the most timely and efficient manner possible; however, Petersen will not be held responsible for delays above and beyond its control. Promo codes provided by Petersen are intended for the Online Store only.

Promo code exclusions: Tesla co-branded and/or Tesla-branded goods including, apparel, posters, postcards, drinkware, diecast toys, hats, stickers, and officially licensed products from Mattel or Radio Flyer are not included in any promo code or sale. Any Tesla merchandise or Inside Tesla merchandise order with promo codes will be refunded and or canceled.

PRODUCT AND SERVICE DESCRIPTION, AVAILABILITY & PRICING INFORMATION

Petersen strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to product or service descriptions, pricing, promotions, offers and/or availability. Certain products or services displayed on the Sites (including admission to the Museum and events) may have limited quantities and may not always be available. The Sites will often include descriptions and images of the Museum and its contents. Please keep in mind that the contents of the Museum change from time to time and many exhibits are temporary in nature. While we endeavor to maintain accurate information on current exhibits, we cannot guarantee that such information will always be up to date and/or without error or that images on the Sites reflect the current content of the Museum. If you have any questions about the current contents of the Museum, we recommend contacting us to inquire at the contact information provided in the “Contact Us” section of these Terms. In addition, while we strive to display the colors of our products available in the Online Store as accurately as possible, we cannot guarantee that your monitor’s or other device’s display of these colors will always be accurate. Minor differences in color and other variations in the products displayed on the Sites may be possible as a result of differences in display technologies or other technical reasons. Further, some products may be depicted on the Sites with auxiliary products and add-ons (“Auxiliary Items”) that are sold separately. Unless expressly stated otherwise by Petersen all Auxiliary Items are excluded from Transactions. Please carefully the relevant product description on the Sites before initiating a Transaction. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have initiated a Transaction). In the event that any errors, inaccuracies, or omissions affect a Transaction you have already initiated, your sole remedy is to cancel return, or exchange your order, to the extent available under, and in compliance with, the applicable Petersen policies. The prices displayed on the Sites are quoted in U.S. Dollars, and are subject to change without notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you via the Sites will meet your expectations. If a product or service offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to cancel, return, or exchange your order, to the extent available under, and in compliance with, any applicable Petersen policies.

MEMBERSHIPS, AUTO-RENEW, AND CANCELLATIONS

A. Memberships. On the Sites, you will have the option of purchasing a Petersen Automotive Museum membership (“Membership”). Memberships are available in various tiers (“Membership Tier”), each of which has different benefits (“Membership Benefits”) and a different price (the “Membership Fee”). Regardless of tier, Memberships are valid for a one- year period beginning on the date that the Membership is purchased (the “Membership Period”). At the end of the Membership Period, the Membership benefits will cease unless the Membership is renewed for a subsequent Membership Period. Your Membership will be subject to Additional Terms presented to you prior to purchase, and these Additional Terms may vary based on the Membership Tier that you select. Please carefully review the terms of the applicable offer before registering for a Membership. We may change the price of Memberships from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Memberships will take effect at the start of the next Membership Period. By registering for a Membership, you authorize us to charge your credit card or other account that you have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars (USD).

B. Auto-Renewal and Cancellation. When you purchase a Membership, you will be given the option of enrolling in an auto-renewing Membership (“Auto-Renew”). If you select Auto-Renew, your Membership will automatically renew until cancelled by you. This means that, after your initial Membership Period, the applicable Membership Fee will be charged to your payment method on file and your Membership Benefits will continue for an additional Membership Period. This will continue to occur at the end of each successive Membership Period unless and until you cancel your Membership by following the cancellation procedures set forth below. If you do not select Auto-Renew, your Membership, and the accompanying Membership Benefits, will automatically cease at the end of the initial Membership Period. To continue receiving Membership Benefits, you will be required to purchase a new Membership.

C. Cancellation. You may cancel your Membership at any time by logging into your account on the Sites or contacting us at membership@petersen.org. You have the right to cancel your Membership without fee or penalty. If you cancel your Membership, cancellation will be effective at the end of the current Membership Period. After cancellation, you will have continued access to the applicable Membership Benefits for the remainder of the current Membership Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by Petersen.

RETURN POLICY

We accept returns of products purchased through the Online Store, provided that (a) the product was not marked “final sale” (or similar) at the time of purchase and (b) you comply with all terms and conditions of this section (the “Return Policy”).

Exclusions: No returns are accepted for (a) customized, personalized, or otherwise specially ordered items and (b) purchases made on the Museum website (e.g., tickets, events, memberships, etc.).

A return request must be initiated within 14 days after delivery of the product to you by the carrier. Shortage claims must be made within five (5) working days of receipt. All returned merchandise must be unused and in its original packaging, and must be accompanied by a copy of your invoice showing the invoice number, a written explanation regarding your concern with the product, and a contact telephone number at which we can reach you. Return requests will not be accepted if the product shows signs of having been scratched, defaced, or otherwise used, damaged, or modified in any way. Further, a return will not be considered until all aspects of the order, including all hardware and accessories, have been returned to Petersen.

You agree that all determinations regarding the condition of returned products, and whether products are eligible under this Return Policy, are made solely by Petersen. If we determine that any damage to a product was the result of the shipping carrier, we reserve the right to require you to pursue the matter directly with the carrier rather than processing a return under this Return Policy. Customers are responsible for return shipping and handling costs and for arranging all aspects of return shipping, including insurance, as well as any costs related to customs, duties, and taxes. In addition, customers are responsible for a restocking fee equivalent to 20% of the purchase price for all returns.

When returning an item, you may choose to (a) receive a refund of the original purchase price (minus original shipping costs and the 20% restocking fee) or (b) exchange the product for another product in the Online Store. Customers are responsible for shipping costs for the new product received in exchanges. If the cost of the new product is less than the amount you originally paid, we will credit the difference to your original method of payment. Conversely, if the cost of the new product is more than the amount you originally paid, we will charge your original method of payment for the difference. For avoidance of doubt, exchanges are also subject to a 20% restocking fee, which may reduce the amount of your credit or incur additional charges. By initiating an exchange, you authorize us to charge your original payment method in such cases. To initiate a return or exchange, please contact us at store@petersen.org.

SHIPPING TERMS

Depending on the product ordered and the destination of the order, certain shipping services may not be available. An expedited shipping method only instructs Petersen to use that method of shipping when the order is processed and ready to ship; it does not guarantee a particular shipping date. Customers are responsible for all fees associated with shipping and handling, and we charge a 20% restocking fee on all products shipped. We offer FedEx Flat Rate 2 Day Air for $11.99, subject to the following terms:

• Offer only for Online Store orders shipped in the fifty (50) United States and the District of Columbia. Offer not valid for P.O. Boxes.

• Not valid on jackets, long sleeves, sweatshirts, sweaters, and hoodies. Limited to three (3) t-shirts per order to qualify for $11.99 Flat Rate FedEx 2 Day Air shipping. All other products do not qualify for this offer.

• Must select FedEx Flat Rate 2 Day Air $11.99 at check out during Shipping Method selection.

• Please allow 2-5 business days for processing. This shipping option can end without notice.

FedEx Ground and FedEx SmartPost pick up times are Monday, Wednesday, and Fridays at 3:00 PM PT. Any orders placed during or after these pickup times may be delayed due to the pickup schedules. The only shipping service provided for P.O. Box Addresses is FedEx SmartPost. Any refused shipments sent back to Petersen do not constitute the right to a refund or credit. It is the customer’s responsibility to make all arrangements with Petersen for refused shipments.

USER CONDUCT

By using the Sites, you agree to not use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

• Interferes with or disrupts the proper functioning of the Sites or the services connected to the Sites;

• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• Causes Petersen to lose (in whole or in part) the services of our Internet service providers or other suppliers;

• Links to materials or other content, directly or indirectly, to which you do not have a right to link; Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise bigoted or insensitive, as determined by Petersen;

• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;

  • Violates, or encourages anyone to violate these Terms or the Privacy Policy; or

  • Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

Petersen shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Sites and/or to remove any User Content from the Sites for to the purpose of determining or enforcing compliance with these Terms. Notwithstanding the foregoing restrictions, nothing in these Terms shall prohibit or restrict your ability to (i) make any statement protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or other similar analysis (collectively, “Reviews”) about Petersen, its employees or agents, or its products or services, to the extent that such Reviews are protected by applicable law.

LINKS TO EXTERNAL SITES

The Sites may contain links to other websites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

SMS MARKETING

By consenting to Petersen’s SMS program (the “Program”) during the checkout process or via other subscription tools we provide, you are agreeing to receive recurring text messages regarding marketing offers, transactional matters (including related to your orders and account), and any other matters related to the Sites, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent to the Program is not a condition of purchase. If you wish to stop receiving text messages from Petersen, reply with STOP to any text message sent from us or use the unsubscribe link provided to you within our commercial email messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in these Terms.

We have the right to modify any telephone number or short code we use to operate the Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS”; PETERSEN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. PETERSEN DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PETERSEN OR A REPRESENTATIVE SHALL CREATE A WARRANTY. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER, PETERSEN DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL PETERSEN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES. IN ADDITION, ALL PRODUCTS OFFERED ON THE SITES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PETERSEN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (WHETHER DIRECT OR INDIRECT); (3) ANY DAMAGES (INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE) ARISING FROM CAUSES BEYOND THEIR REASONABLE CONTROL; OR (4) ANY DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING IN ANY WAY IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES, IN ALL CASES REGARDLESS OF LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF PETERSEN, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, PETERSEN ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend (at Petersen’s option), indemnify, and hold Petersen harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

You and Petersen agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), even if that Dispute arose prior to the Effective Date of these Terms, we will first try in good faith to settle such Dispute by providing written notice of the Dispute to the other party (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Petersen. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice.

Dispute Notices shall be sent to:

• To Petersen: You must send notice (1) by electronic mail to [email] and (2) by first-class or certified mail to [mailing address].

• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

Both you and Petersen agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer an arbitration or demand fees in connection with the Dispute.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY.

Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. Notwithstanding any other provision of these Terms, the arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards ( https://www.jamsadr.com/consumer- minimum-standards/ ) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Petersen agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, in lieu of arbitration either you or Petersen may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as any such claim is brought and maintained on an individual basis). In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

CHOICE OF LAW AND CHOICE OF FORUM

These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of California, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You and Petersen acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

MODIFICATION AND TERMINATION OF THESE TERMS AND THE SITES

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, other prominent notice on the Sites, or by other reasonable means. Your use of the Sites following any changes to these Terms will constitute your acceptance of the Terms as modified.

We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be using the Sites in an unacceptable manner, which includes any breach by you of these Terms. The following provisions shall survive the termination of these Terms: This section; the sections COPYRIGHT AND TRADEMARK OWNERSHIP (excluding the license granted to you), VIDEO CONTENT ON THE SITES, USER CONTENT AND LICENSE GRANT TO PETERSEN, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, DISPUTE RESOLUTION & AGREEMENT TO ARBITRATE, CHOICE OF LAW & FORUM, and MISCELLANEOUS; and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

We also may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time, with or without notice. You understand, acknowledge and agree that Petersen will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Sites.

MISCELLANEOUS

A. Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Petersen, such decision or action shall be made, taken, or refrained from in Petersen’s sole discretion and judgment.

B. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Petersen does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Petersen has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Petersen’s rights, and all such rights or remedies shall still be available to Petersen.

C. Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

D. Entire Agreement. These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.

E. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

F. No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Petersen.

G. Notice to California Residents. You may reach Petersen at the contact information provided below in the “CONTACT US” section. California residents may also reach theComplaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

H. Admissibility. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at: info@petersen.org