State of Ohio

Rev. 133A18A

TERMS OF USEFURUKAWA ROCK DRILL USA, INC.
Version Date: July 14, 2017

TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you,whether personally or on behalf of an entity (“user” or “you”) and Furukawa Rock Drill USA, Inc. and its
affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and useof the http://frdusa.com website as well as any other media form, media channel, mobile website ormobile application related or connected thereto (collectively, the “Website”). The Website provides thefollowing service: To provide guidance in product selection, provide information on various products, allow
ordering or spare parts and literature. (“Company Services”). Supplemental terms and conditions or
documents that may be posted on the Website from time to time, are hereby expressly incorporated into
this Agreement by reference.
Company makes no representation that the Website is appropriate or available in other locations otherthan where it is operated by Company. The information provided on the Website is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject Company to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Website fromother locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are notpermitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO
NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
WEBSITE.

PURCHASES; PAYMENT
Company bills you through an online billing account for purchases of products and/or services. You agree
to pay Company all charges at the prices then in effect for the products you or other persons using yourbilling account may purchase, and you authorize Company to charge your chosen payment provider forany such purchases. You agree to make payment using that selected payment method. If you haveordered a product or service that is subject to recurring charges then you consent to our charging yourpayment method on a recurring basis, without requiring your prior approval from you for each recurring
charge until such time as you cancel the applicable product or service. Company reserves the right tocorrect any errors or mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed required by Company.
Company may change prices at any time. All payments shall be in U.S. dollars.

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Please review our Return Policy posted on our Website prior to making any purchases.

USER REPRESENTATIONSRegarding Your Registration
By using the Company Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password
and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use this Website; andE. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Website’s registration form and (b) maintain and promptly update registration data tokeep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, notcurrent or incomplete, or Company has reasonable grounds to suspect that such information is untrue,inaccurate, not current or incomplete, Company has the right to suspend or terminate your account andrefuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate
in our discretion, such as when the user name is obscene or otherwise objectionable or when atrademark owner complains about a username that does not closely relate to a user's actual name.

MOBILE APPLICATION LICENSE
Use License
If you are accessing the Company Services via a mobile application, then Company grants you a
revocable, non-exclusive, non-transferable, limited right to install and use the application on wirelesshandsets owned and controlled by you, and to access and use the application on such devices strictly inaccordance with the terms and conditions of this license. You shall use the application strictly inaccordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation,
improvement, enhancement, translation or derivative work from the application; (c) violate any applicablelaws, rules or regulations in connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark) of Company or its
affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f)make the application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (g) use the application for creating a product, service or software thatis, directly or indirectly, competitive with or in any way a substitute for the application; (h) use theTerms of Use (Rev. 133A18A)

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application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i)use any proprietary information or interfaces of Company or other intellectual property of Company in thedesign, development, manufacture, licensing or distribution of any applications, accessories or devices foruse with the application.

Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You acknowledge that this Agreement is concluded
between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), andCompany, not an App Distributor, is solely responsible for the Company application and the content
thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that utilizes the Apple iOS orAndroid operating system, as applicable, and in accordance with the usage rules set forth in theapplicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely
responsible for providing any maintenance and support services with respect to the Company application,as specified in this Agreement, or as required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the Company application. (3) WARRANTY: Company is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of
the Company application to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the Company application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the Company application, and any otherclaims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company,
not an App Distributor, is responsible for addressing any claims of yours or any third party relating to theCompany application or your possession and/or use of the Company application, including, but not limitedto: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicablelegal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5)INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that
the Company application or your possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE:You represent and warrant that (i) 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 (ii)
you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTYTERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using
the Company application, e.g., if you have a VoIP application, then you must not be in violation of theirwireless data service agreement when using the Company application. (8) THIRD PARTY
BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and theirsubsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and will be deemed to haveaccepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

SUBMISSIONS

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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or otherinformation about the Website or the Company Services ("Submissions") provided by you to Company
are non-confidential and Company (as well as any designee of Company) shall be entitled to theunrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.

PROHIBITED ACTIVITIESYou may not access or use the Website for any other purpose other than that for which Company makes
it available. The Website may not be used in connection with any commercial endeavors except thosethat are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:A.

attempting to bypass any measures of the Website designed to prevent or restrict access tothe Website, or any portion of the Website
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E. deleting the copyright or other proprietary rights notice from any Website content
F. engaging in any automated use of the system, such as using any data mining, robots orsimilar data gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without limitation, any
spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, orusing or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I. interfering with, disrupting, or creating an undue burden on the Website or the networks orservices connected to the Website
J. making any unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending unsolicitedemail, or creating user accounts by automated means or under false pretenses
K. selling or otherwise transferring your profile
L. systematic retrieval of data or other content from the Website to create or compile, directly or
indirectly, a collection, compilation, database or directory without written permission from
Company
M. tricking, defrauding or misleading Company and other users, especially in any attempt tolearn sensitive account information such as passwords
N. using any information obtained from the Website in order to harass, abuse, or harm anotherpersonO. using the Company Services as part of any effort to compete with Company or to provide
services as a service bureau
P. using the Website in a manner inconsistent with any and all applicable laws and regulations

INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained
therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and otherintellectual property rights under United States and foreign laws and international conventions. Company
Content, includes, without limitation, all source code, databases, functionality, software, website designs,

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audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers,button icons, scripts and service names are registered trademarks, common law trademarks or tradedress of Company in the United States and/or other countries. Company's trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not be copied, imitated, orused, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only
and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent
of the respective owners. Provided that you are eligible to use the Website, you are granted a limited
license to access and use the Website and the Company Content and to download or print a copy of any
portion of the Company Content to which you have properly gained access solely for your personal, noncommercial use. Company reserves all rights not expressly granted to you in and to the Website andCompany Content and Marks.

THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to otherwebsites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party Websites accessed through the Website or any Third
Party Content posted on, available through or installed from the Website, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party
Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Website and access the Third Party Websites or to use or install any Third Party
Content, you do so at your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Website or relating to any applications you use
or install from the Website. Any purchases you make through Third Party Websites will be through otherwebsites and from other companies, and Company takes no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT
Company reserves the right but does not have the obligation to:A.
B.

monitor the Website for violations of this Agreement;take appropriate legal action against anyone who, in Company’s sole discretion, violates thisAgreement, including without limitation, reporting such user to law enforcement authorities;
C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of,or disable (to the extent technologically feasible) any user’s contribution or any portion thereof
that may violate this Agreement or any Company policy;

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in Company’s sole discretion and without limitation, notice or liability to remove from theWebsite or otherwise disable all files and content that are excessive in size or are in any way
burdensome to Company’s systems;
E. otherwise manage the Website in a manner designed to protect the rights and property ofCompany and others and to facilitate the proper functioning of the Website.

PRIVACY POLICY
We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website
or Company Services, you are consenting to have your personal data transferred to and processed in the
United States. By using the Website or the Company Services, you are consenting to the terms of ourPrivacy Policy.

TERM AND TERMINATIONThis Agreement shall remain in full force and effect while you use the Website or are otherwise a user ormember of the Website, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, orby contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR
ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF
ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND
ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any
time in its sole discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive
the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYSAND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING
NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THISAGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO
INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any third party, evenTerms of Use (Rev. 133A18A)

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if you may be acting on behalf of the third party. In addition to terminating or suspending your account,Company reserves the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

MODIFICATIONSTo Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be
posted on the Website and revisions will be indicated by date. You agree to be bound to any changes tothis Agreement when you use the Company Services after any such modification becomes effective.
Company may also, in its discretion, choose to alert all users with whom it maintains email information ofsuch modifications by means of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact information current in youraccount settings to ensure you are informed of changes. You agree that you will periodically check theWebsite for updates to this Agreement and you will read the messages we send you to inform you of any
changes. Modifications to this Agreement shall be effective after posting.

To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, theCompany Services (or any part thereof) with or without notice. You agree that Company shall not beliable to you or to any third party for any modification, suspension or discontinuance of the Company
Services.

DISPUTES
Between Users
If there is a dispute between users of the Website, or between users and any third party, you understandand agree that Company is under no obligation to become involved. In the event that you have a disputewith one or more other users, you hereby release Company, its officers, employees, agents andsuccessors in rights from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or inany way related to such disputes and/or the Company Services.

With Company
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or
relating to this Website or the Company Services shall be governed and construed by the laws of theState/Commonwealth of Ohio, excluding such state’s conflicts of law rules. Any legal action of whatevernature by or against Company arising out of or related in any respect to this Website and the Company
Services shall be brought solely in either the applicable federal or state courts located in or withjurisdiction over USA County, State of Ohio; subject, however, to the right of Company, at the Company'ssole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent
an infringement of proprietary or other third party rights (or any similar cause of action) in any applicablecourt in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive
any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application

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of the United Nations Convention on Contracts for the International Sale of Goods is excluded from thisAgreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is
excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any
way to the Website and/or the Company Services (including your visit to or use of the Website and/or theCompany Services) be instituted more than two (2) years after the cause of action arose. You will be
liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies oromissions that may relate to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and to change or update theinformation at any time, without prior notice.

DISCLAIMERS
Company cannot control the nature of all of the content available on the Website. By operating theWebsite, Company does not represent or imply that Company endorses any blogs, contributions or othercontent available on or linked to by the Website, including without limitation content hosted on third party
websites or provided by third party applications, or that Company believes contributions, blogs or othercontent to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful orotherwise objectionable content you may encounter on the Website or in connection with any
contributions. The Company is not responsible for the conduct, whether online or offline, of any user ofthe Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANYSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE ORFEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU

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AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITYIN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE ORCOMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO
ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENTWITH THE DEBTOR."

INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising outof your contributed content, use of the Company Services, and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,
Company reserves the right, at your expense, to assume the exclusive defense and control of any matterfor which you are required to indemnify Company, and you agree to cooperate, at your expense, with
Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to theaddress listed in the contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as each party may specify.
Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending
party is notified that the email address is invalid. We may also choose to send notices by regular mail.

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USER DATA
Our Website will maintain certain data that you transfer to the Website for the purpose of the performanceof the Company Services, as well as data relating to your use of the Company Services. Although we
perform regular routine backups of data, you are primarily responsible for all data that you havetransferred or that relates to any activity you have undertaken using the Company Services. You agree
that Company shall have no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTINGYour use of the Company Services includes the ability to enter into agreements and/or to maketransactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONSCONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH
AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOUENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,
you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of theCompany Services. The failure of Company to exercise or enforce any right or provision of thisAgreement shall not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account may not be assigned by you without our
express written consent. Company may assign any or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any
cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement isunlawful, void or unenforceable, that provision or part of the provision is deemed severable from thisAgreement and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and Company as aresult of this Agreement or use of the Website and Company Services. Upon Company’s request, you will
furnish Company any documentation, substantiation or releases necessary to verify your compliance withthis Agreement. You agree that this Agreement will not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of thisAgreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information
regarding use of the Company Services, please contact Company as set forth below or, if any complaint
with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at
400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Furukawa Rock Drill USA, Inc.
705 Lake St

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Email: carolinebr@frdusa.com
Phone: (330) 673-5821

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GENERAL INSTRUCTIONS• Search Engine - Google, Yahoo, Bing
• Website or Application Providing a Service

WHAT IS A TERMS OF USE
AGREEMENT?

or Product - YouTube, Apple, Uber
• Gaming Website or Application -A Terms of Use Agreement is a written set ofrules and regulations between two parties, theUser and the Company, that the User must
agree to follow in order to use the Company’s
website and services.

WHEN IS A TERMS
AGREEMENT NEEDED?

OF

USE

While Terms and Conditions are not required bylaw, any website, especially e-commerce orsocial networking websites or applications andany website or internet service provider that
stores a User’s personal data, should consider
having Terms and Conditions.
A written set of Terms and Conditions protects
the Company and acts an instruction manual for
its website. It allows the Company to explain
things related to its service or product, including,among other things:• how purchases, payment, and returns arehandled• ownership and use of content and intellectual
property• how Users must conduct themselves, including
any prohibited behavior• limitations on liability and disclaimers• the Company’s privacy policy

WHO NEEDS A TERMS OF USE
AGREEMENT?
Almost every website or application that provides
a service or product has a Terms of Use
Agreement.
Here are some examples of websites and appsthat use a Terms of Use Agreement:• E-Commerce Company - Ebay, Amazon,
Target, Gap• Social Media Website or Application Facebook, Instagram, Twitter, Snapchat

Terms of Use (Rev. 133A18A)

Playstation, Pokemon Go, Candy Crush

WHAT SHOULD BE INCLUDED IN A
TEMS OF USE?
A simple Terms of Service should generally haveat least the following:• Who is the Company providing the service or
product• What is the service or product provided by theCompany• Where is the Company’s website• When will the agreement terminate• Why might the User not be granted access to
the website• How does the User agree to accept the Termsof Service
The Company can tailor the rules andregulations, or “terms of use”, according to theservice or product it provides and its specificneeds. The Terms of Use Agreement can beposted on the Company’s website either as abrowsewrap
agreementoraclickwrap
agreement.

OTHER NAMESAs a reference, a Terms of Use Agreement is
known by other names:• Terms of Service Agreement• Terms and Conditions• User Agreement• Statement of Rights and Responsibilities• Disclaimer
• TOU
• ToS
• TOS
• TOC

Terms of Use (Rev. 133A18A)