Standard Subscriptions Terms and Conditions This page sets out the standard terms and conditions applying to all paid subscriptions to thelessonmachine.com. These terms and conditions shall be deemed incorporated by reference into any subscription order.

1. Definitions:

1.1 MTD Worldwide, Inc. means the company described and defined in section (2) below.

1.2 “thelessonmachine.com” is the publication produced by MTD Worldwide, Inc. on a website owned and operated by MTD Worldwide, Inc.

1.3 The “subscriber” is the party ordering a subscription to “thelessonmachine.com”.

1.4 “Subscribing Institution” means any company, organization, national education entity, or other entity ordering a “Multi – User License” subscription to “thelessonmachine.com”.

1.5 “Members Area” is that part of “thelessonmachine.com” website to which access is restricted to members of the public but is available to “subscribers”, “subscribing institutions” and any other persons expressly authorized in writing by MTD Worldwide, Inc.

1.6 “Subscription Period” means the period during which a “subscriber” or “subscribing institution” is granted access to “thelessonmachine.com” members area.

1.7 The “standard terms and conditions” means the terms and conditions set forth herein.

1.8 In these terms and conditions, the singular includes the plural and the plural includes the singular.

2. The Company:

2.1 “MTD Worldwide, Inc.”, a Delaware corporation, is the company which owns, produces and publishes the website known as “thelessonmachine.com”.

2.2 The president is Ms. Myscha Theriault. The company address is 2891 East Wiley Lane, Vail, Arizona 85641.

3. General:

3.1 These terms and conditions shall apply to all subscription orders submitted to MTD Worldwide, Inc. Payment of the subscription fee and / or use of “thelessonmachine.com” members area shall constitute acceptance of these terms and conditions.

3.2 No terms and conditions other than those set forth herein shall apply or be binding on MTD Worldwide, Inc. unless specifically agreed to in writing by MTD Worldwide, Inc.

4. Individual User Licenses:

4.1 Subscriber is responsible for providing any and all equipment necessary to access members area and is responsible for ensuring that it is compatible with access requirements for members area.

4.2 The website, members area or any portion thereof may not be transferred to a hard disk for permanent retention except as expressly permitted by this license.

4.3 Upon payment of the appropriate subscription fee, subscribers are entitled to access “thelessonmachine.com” for 365 days, or other period as determined by MTD Worldwide, Inc. Subscriptions are automatically renewed unless the company is otherwise notified in writing by the subscriber. An individual user license entitles the subscriber to unlimited access to the pages of “thelessonmachine.com” and the periodic materials updates of the site, and to download or print materials for classroom instructional use.

4.4 An individual user license subscription is for the personal classroom use of the subscriber only and the license may not be transferred or extended to others. The subscriber acknowledges that his or her user ID and password are confidential and must not be shared with others. Sharing of a user ID and password or otherwise making a paid electronic subscription under an individual user license available to third parties is a violation of this license.

4.5 “thelessonmachine.com” may not be utilized for any commercial or non-commercial fee for service use or sale.

4.6 Subscribers may not modify, adapt, transform, translate or create derivative works based on any material included in “thelessonmachine.com”, or copy any such materials except as stated in these terms and conditions, or otherwise use any such materials in any format or medium in a manner that would infringe the copyright therein.

4.7 In the event of abuse of these or any other conditions, MTD Worldwide, Inc. reserves the right to withhold access to “thelessonmachine.com” from the subscriber, in addition to any other remedies MTD Worldwide, Inc. may have. In such circumstances, MTD Worldwide, Inc. will not be liable to pay any refunds or other compensation.

5. Multi–User Licenses:

5.1 Subscribing institution is responsible for providing any and all equipment necessary to access “thelessonmachine.com” and is responsible for ensuring that it is compatible with access requirements for “thelessonmachine.com”.

5.2 The website, members area, or any portion thereof may not be transferred to a hard disk for permanent retention except as expressly permitted by this license.

5.3 Upon payment of the appropriate subscription fee, subscribing institutions are entitled to access “thelessonmachine.com” for 365 days, or other period as determined by MTD Worldwide, Inc. Subscriptions are automatically renewed unless the company is otherwise notified in writing by the subscribing institution or entity. A multi – user license entitles the subscribing institution or entity to access the members area of “thelessonmachine.com” and to download or print materials for educational classroom use.

5.4 Access to “thelessonmachine.com” through a multi – user license is defined either by a user ID and password or by the internet protocol (IP) address or domain name addresses registered with MTD Worldwide, Inc. Access may be granted from workstations anywhere on the subscribing institution’s premises falling under the domain name addresses or IP numbers specified.

5.5 Access may be granted to employees or members of staff of the subscribing institution (including in the case of academic institutions, affiliated faculty and students).

5.6 Public access may be provided from workstations on library premises for scholarly research, educational, and classroom use. Remote access by members of the public is not permitted.

5.7 Permitted access by authorized users includes the retrieving, displaying, searching, downloading, printing and storing of individual copies for educational or classroom use.

5.8 “thelessonmachine.com” may not be utilized for any commercial or non–commercial fee for service use or sale.

5.9 Users may not modify, adapt, transform, translate or create derivative works based on any material included in “thelessonmachine.com”, or copy any such materials except as stated in these terms and conditions, or otherwise use any such materials in any format or medium in a manner that would infringe the copyright herein.

5.10 The subscribing institution shall take all reasonable steps to prevent unauthorized use, including making reasonable efforts to inform authorized users of these terms and conditions. The subscribing institution shall not be liable to MTD Worldwide, Inc. for breach of these terms and conditions by any authorized user provided that the subscribing institution did not assist in or encourage such breach, nor permit such breach to continue after having actual notice hereof. In the event of continued abuse and/or infringement, MTD Worldwide, Inc. reserves the right to withhold access to “thelessonmachine.com” from the subscribing institution, in addition to any other remedies MTD Worldwide, Inc. may have. In such circumstances, MTD Worldwide, Inc. will not be liable to pay any refunds or other compensation.

6. Copyright:

6.1 Unless otherwise specified, MTD Worldwide, Inc. holds all rights, including copyright, for “thelessonmachine.com” and retains these rights under all circumstances, unless otherwise in writing.

6.2 To the best of the editor’s and the company’s knowledge, there is nothing contained on this site which is the copyright material of another person or organization. Where material is based on copyrighted source, the source is always acknowledged. However, the acknowledgement of a source does not imply that the source in question was the only source used for developing material on this website and does not indicate a direct copy of that source on this website. Unless indicated otherwise, the materials presented on this website are intended to be original. The preceding notwithstanding, in the case where material has been published which is considered by the copyright holder to infringe copyright rules and where this has been brought to the attention of the editor or the company, the editor or company, without indicating any liability, will remove any offending material at his or hers or the company’s discretion.

7. Disclaimer:

7.1 Neither MTD Worldwide, Inc., “thelessonmachine.com”, nor any member of the team or advisory board accept any responsibility or liability whatsoever with regard to the material on this site. B accessing the information presented on this site, each and every user waives and releases the company to the full extent permitted by law from any and all claims relating to the usage of material or information contained on this site. In no event shall the author be liable for any incidental or consequential damages resulting from use of the material.

7.2 To the best of MTD Worldwide, Inc.’s and the editor’s knowledge, all of the information on this site is accurate at the time it is published. However, neither the editor nor any other individual guarantees or verifies the accuracy or the currency of the information on this site.

7.3 Neither the editor nor any other individual guarantees the accuracy or reliability of information contained on external websites. IT is the responsibility of readers to make their own decisions about the accuracy, currency and reliability of information on these sites.

8. Terms of Payment:

8.1 Only those methods of payment specified by MTD Worldwide, Inc. may be accepted. These may be subject to immediate change, without notice, at MTD Worldwide, Inc.’s sole discretion. Although certain methods of payment may be advertised, MTD Worldwide, Inc. may, in its absolute discretion, specify a particular method of payment.

8.2 Unless agreed otherwise in writing, a subscription will only be activated after payment has been received.

8.3 Taxes, if any are not included in published MTD Worldwide, Inc. prices and are added to invoices. If not so added, such taxes are the exclusive responsibility of the subscriber or subscribing institution.

8.4 In the event the subscriber or subscribing institution pays any amounts due with a credit card and the issuer of the credit card fails to pay the amounts authorized by the subscriber or subscribing institution, such person or institution shall immediately remit full payment to MTD Worldwide, Inc., plus any interest due on the outstanding amounts. In such circumstances, MTD Worldwide, Inc. reserves the right to suspend access and to make and administrative charge in the first instance and to make further administrative charges as the company deems appropriate thereafter if the payment remains outstanding.

8.5 In the event that access is suspended the subscription period shall not be extended beyond the original period agreed upon. Payment shall remain due for the entire subscription period including the period during which access was suspended.

9. Limitation of Liability:

9.1 MTD Worldwide, Inc. undertakes to use all reasonable efforts but does not warrant to publish or update individual sections of “thelessonmachine.com” in a timely manner. In particular advertised publication and updating dates are intended as a guide only and under no circumstances constitute a guarantee of the date of publication.

9.2 In no event will MTD Worldwide, Inc. be responsible for any indirect, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production and anticipated savings arising from any failure to publish in a timely manner or at all any updates of “thelessonmachine.com”

9.3 Without limiting the foregoing, MTD Worldwide, Inc. will have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or materials shortage, transportation interruption of any kind, work slowdown, equipment or software loss or failure, computer viruses or any other condition beyond the control of MTD Worldwide, Inc., including technical difficulties of the internet service provider used MTD Worldwide, Inc. or its subscribers affecting publication in any manner.

9.4 MTD Worldwide, Inc. does not limit or exclude liability for death or personal injury.

9.5 Each of the provisions are to be construed separately and independently of the other, and if any provisions of a section (or any other clauses herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the other provisions of this agreement (or any clause herein) which will remain in full force and effect.