Effective Date: July 2023

‍IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY SUPERBIRD HOLDING, INC. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SUPERBIRD HOLDING, INC AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

THESE TERMS OF USE EXPLAIN THE CONTRACTUAL AGREEMENT BETWEEN YOU, THE PERSON USING THIS WEBSITE (INCLUDING THE SITE WHICH LINKED YOU TO THESE TERMS OF USE AND SUPERBIRD, INC REGARDING YOUR USE OF THIS SITE. SUPERBIRD, INC PROVIDES THE CONTENT AND MATERIALS CONTAINED IN THIS WEBSITE TO YOU, AND TO YOU ALONE. THESE TERMS ARE ENTERED INTO BY AND BETWEEN SUPERBIRD HOLDINGS, INC AND YOU, AND YOU ACCEPT SUCH TERMS BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER. YOU ALSO ACKNOWLEDGE AND ACCEPT THAT THE PRIVACY STATEMENT SET FORTH BELOW IS PART OF OUR TERMS.

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.

Age Restriction

This Site is intended for use by you only if you are of legal age to purchase alcohol in your country and local jurisdiction of residence and in the country from which you are accessing the site and the geographical local where you are presently located. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Site immediately. By continuing to use this Site you represent and warrant that you are of a legal age to purchase alcohol under the criteria set forth in this paragraph.Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist parents in limiting access to material that is harmful to minors. Further information about parental controls can be obtained at www.icra.org.

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If SUPERBIRD HOLDINGS, INC. believes the information you provide is not correct, current, or complete, or that your intentions are malicious or improper, then SUPERBIRD HOLDING, INC has the right, but not the obligation, to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without SUPERBIRD HOLDINGS, INC. express prior written consent. For example, but not limited to such example, you may not (and may not authorize any other party to) (i) co‑brand this site, or (ii) frame this site, (iii) hyper-link to this site or (iv) otherwise incorporate this site in any manner, without the express prior written permission of an authorized representative of SUPERBIRD HOLDINGS, INC. For purposes of these Terms of Use, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with SUPERBIRD, INC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Restriction, Suspension and Termination

SUPERBIRD HOLDINGS, INC. may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms of use at any time or for any other reason. SUPERBIRD HOLDINGS, INC. also may remove the Site as a whole or any sections or features of the Site at any time. Please note that we may have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms of Use.

Proprietary Information

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by SUPERBIRD HOLDINGS, INC. (the “Content”) is the proprietary information of SUPERBIRD HOLDINGS, INC. or the party that provided the Content to SUPERBIRD HOLDINGS, INC. and SUPERBIRD HOLDINGS, INC. or the party that provided the Content to SUPERBIRD HOLDINGS, INC. retains all right, title, and interest in the Content. This includes, without limitation, all text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof).Accordingly, the Content may not be copied, reproduced, transmitted, retransmitted, publicly performed, distributed, commercially exploited, adapted, translated, modified, bundled, merged, shared, or made available to any person, created into derivative works of such material or content, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SUPERBIRD, INC, except that you may print out a copy of the Content solely for your personal, non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.Modification or use of the Content except as expressly provided in these Terms of Use violates SUPERBIRD HOLDINGS, INC. intellectual property rights. Neither title, nor intellectual property rights, are transferred by access to this site. YOU ARE ABSOLUTELY PROHIBITED FROM POSTING ALL OR PART OF ANY OF CONTENT ON ANY WEBSITE WITHOUT OUR PRIOR WRITTEN PERMISSION, WHICH PERMISSION MAY BE WITHHELD IN SUPERBIRD HOLDINGS, INC. COMPLETE AND ABSOLUTE DISCRETION.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, SUPERBIRD HOLDINGS, INC. Hyper-links to such sites are provided as a service to users, and are not sponsored by, or affiliated with this site SUPERBIRD HOLDINGS, INC. SUPERBIRD HOLDINGS, INC. has not reviewed any or all of such sites, and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and SUPERBIRD HOLDINGS, INC. makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by SUPERBIRD HOLDINGS, INC. You acknowledge and agree that SUPERBIRD HOLDINGS, INC. bears no responsibility for the information provided by Web sites to which you may link from this Site (“Linked Sites”). You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Submissions

You hereby grant to SUPERBIRD HOLDINGS, INC. the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, comments, suggestions, ideas, graphics, or other information communicated to SUPERBIRD HOLDINGS, INC. through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. SUPERBIRD HOLDINGS, INC. will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SUPERBIRD HOLDINGS, INC. operations. SUPERBIRD HOLDINGS, INC. will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Disclaimer

You understand that SUPERBIRD HOLDINGS, INC. cannot and does not guarantee or warrant that files available for downloading or other data from this Site will be free of viruses, malware, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. SUPERBIRD HOLDINGS, INC. does not assume any responsibility or risk for your use of the Internet including, without limitation this Site. The Content is not necessarily complete and / or up-to-date, and should not be used to replace any written reports, statements, or notices provided by SUPERBIRD HOLDINGS, INC. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium, and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CASA KOMOS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SUPERBIRD, INC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPERBIRD, INC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SUPERBIRD, INC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SUPERBIRD, INC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SUPERBIRD, INC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and SUPERBIRD HOLDINGS, INC. does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

SUPERBIRD HOLDINGS, INC. ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SUPERBIRD, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SUPERBIRD, INC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SUPERBIRD HOLDINGS, INC. FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold SUPERBIRD HOLDINGS, INC., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You also will indemnify and hold the Indemnified Parties harmless against any loss, damage or cost incurred by SUPERBIRD HOLDINGS, INC. arising out of, or relating to, your use of this Site, any of its services or any information accessible over or through this Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms or any other laws, regulations and rules. You will further indemnify and hold the Indemnified Parties harmless against any claims that information or material submitted in violation of any law or regulation or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, violation of rights of publicity, false light, false advertising, violation of trade secrets, breach of confidence, unfair competition, infringement of copyright or infringement of any other intellectual property right). SUPERBIRD HOLDINGS, INC. reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, claims, liabilities, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. SUPERBIRD HOLDINGS, INC. reserves the right, but not the obligation, to report any wrongdoing, if and when we become aware of it, to any applicable governmental agencies.

‍Trademarks

Trademarks, service marks, and logos appearing in this site are the property of SUPERBIRD HOLDINGS, INC. or the party that provided the trademarks, service marks, and logos to SUPERBIRD HOLDINGS, INC. SUPERBIRD HOLDINGS, INC. and any party that provided trademarks, service marks, and logos to SUPERBIRD HOLDINGS, INC. retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• amounts to a ‘Ponzi,’‘pyramid,’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above. SUPERBIRD HOLDINGS, INC. reserves the right, but not the obligation, to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither SUPERBIRD HOLDINGS, INC., nor any third party that provides Content to SUPERBIRD HOLDINGS, INC., will assume or have any liability for any action or inaction by SUPERBIRD HOLDINGS, INC. or such third party with respect to any submission.

Copyright and IP Agent for the United States

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: Seth Weinberg, Esq. - Weinberg Zareh Malkin Price LLP - 45 Rockefeller Plaza, Suite 2000 - NY, NY 10111 sweinberg@wzmplaw.com

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). SUPERBIRD HOLDINGS, INC. will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SUPERBIRD, INC considers insecure, SUPERBIRD HOLDINGS, INC. will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SUPERBIRD HOLDINGS, INC. reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SUPERBIRD HOLDINGS, INC. reserves the right to investigate suspected violations of these Terms of Use. SUPERBIRD HOLDINGS, INC. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SUPERBIRD HOLDINGS, INC. to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SUPERBIRD, INC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUPERBIRD, INC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUPERBIRD, INC OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous‍

These Terms of Use will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction and venue in New York in connection with any dispute between you and SUPERBIRD HOLDINGS, INC. arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in New York County, New York State. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. SUPERBIRD HOLDINGS, INC. may revise these Terms of Use at any time by updating this posting. No agency, partnership, joint venture, employee-employer or franchisor-franchisee between you and SUPERBIRD HOLDINGS, INC. These Terms of use are an agreement between you and SUPERBIRD HOLDINGS, INC., and are not intended to be for the benefit of any third party.