TERMS OF USE TYRA BABINGTON LLC TERMS OF USE Last Modified: July 31, 2024.

1. ACCEPTANCE OF TERMS OF USE. Tyra Babington, LLC (hereafter “Tyra Babington LLC”) offers for your use this website (www.Tyra Babington.com) and such other URLs as may be designated in the future by Tyra Babington LLC, as wells as any functionality, services or software applications which relate thereto (collectively, the “Website”). THESE TERMS AND CONDITIONS (“TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF CONTENT PROVIDED ON THE WEBSITE, INCLUDING ANY FUNCTIONALITY, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE WEBSITE, WHETHER AS A GUEST OR A REGISTERED USER. BY USING OR VISITING THE WEBSITE OR BY USING THE SERVICES OR INSTALLING ANY FUNCTIONALITY OR APPLICATIONS, YOU AGREE TO THESE TERMS OF USE. THESE TERMS OF USE INCLUDE AND INCORPORATE BY THIS REFERENCE THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ALSO IS PUBLISHED ON THE WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT WANT TOAGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

2. CHANGES TO TERMS OF USE. Tyra Babington LLC hereby reserves the right, in its sole discretion, to modify the Terms of Use, at any time and without individual or direct notice to you. You are responsible for regularly reviewing the Terms of Use to ensure that you are aware of any such modifications that Tyra Babington LLC may make, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use will mean that you accept and agree to the modifications.

3. WEBSITE ACCESS, SECURITY & PROHIBITED USES. Tyra Babington LLC reserves the right to withdraw, suspend or amend the Website, any functionality or services offered on the Website, and/or any text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and/or computer code included on the Website (collectively, “Content”) in its sole discretion without notice. Tyra Babington LLC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Tyra Babington LLC may restrict access to some parts of the Website, or the entire Website, to users, including registered users, to, among other things, perform routine or non-routine maintenance, error correction, or other changes. You are responsible for making all arrangements necessary for you to have access to the Website. You may use the Website for your personal, noncommercial use only. You may not copy, sell, license, sublicense, reproduce, distribute, disclose, modify, decompile, disassemble, create derivative works of, publicly display, publicly perform, republish, encode, export, re-export, download, upload, post, store, translate, or transmit any portion or all of the Website or Content without advance written consent from Tyra Babington LLC, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (iii) you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any functionality and interactive features on the Website. If you are provided with a user name, password or any other piece of information as part of Tyra Babington LLC’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify Tyra Babington LLC immediately of any unauthorized access to or use of your user name or password or any other breach of security. Tyra Babington LLC reserves the right to deactivate your user name, password or other identifier at any time and without notice to you. You may NOT: Use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website; Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Tyra Babington LLC server, or to any of the services offered on or through the Website, by any illegitimate means; Scan, probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Tyra Babington LLC systems or networks, or any systems or networks connected to the Website or to Tyra Babington LLC; Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tyra Babington LLC on or through the Website or any service offered on or through the Website; Use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tyra Babington LLC or others; Use this Website or any Content for any abusive or illegal purpose; Post content or material that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene; Post links to other Websites that sell similar products or offer similar services to Tyra Babington LLC’s offerings; and/or Post links to any type of promotions, sales, or other offers from any company that provides similar services or sells similar products as those offered by Tyra Babington LLC. Tyra Babington LLC reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section that related to unlawful activity. Tyra Babington LLC does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.

4. DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES, APPLICATIONS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TYRA BABINGTON LLC NOR ANY PERSON ASSOCIATED WITH TYRA BABINGTON LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TYRA BABINGTON LLC NOR ANYONE ASSOCIATED WITH TYRA BABINGTON LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TYRA BABINGTON LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND TITLE OR NONINFRINGEMENT.

5. LIMITATION OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL TYRA BABINGTON LLC OR ITS AFFILIATES EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, TYRA BABINGTON LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, TYRA BABINGTON LLC’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL VALUE OF ALL ORDERS PLACED AND PAID FOR WITH TYRA BABINGTON LLC THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

6. FEES AND PAYMENTS. Please refer to the Terms and Conditions of Purchase, if any, prior to making any purchase from the website. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any goods or services offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific good or service. Tyra Babington LLC’s obligations, if any, with regard to its goods and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. Tyra Babington LLC may make changes to any goods or services offered on the Website, or to the applicable prices for any such goods or services, including any applicable shipping and handling, at any time, without notice. The materials on the Website with respect to goods and services may be out of date, and Tyra Babington LLC makes no commitment to update the materials on the Website with respect to such goods and services.

7. INTELLECTUAL PROPERTY RIGHTS. All Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Tyra Babington LLC with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners. Tyra Babington LLC’s trademarks may not be used in connection with any product or service that is not provided by Tyra Babington LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tyra Babington LLC.

8. CONFIDENTIAL AND PROPRIETARY INFORMATION. Tyra Babington LLC does not seek or want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to Tyra Babington LLC in any manner related to or through the Website will be deemed NOT to be confidential. By sending Tyra Babington LLC any information or material, you grant Tyra Babington LLC an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Tyra Babington LLC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

9. LINKS TO OTHER SITES AND TO THE TYRA BABINGTON LLC SITE. This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Tyra Babington LLC’s control, and Tyra Babington LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Tyra Babington LLC website does not mean that Tyra Babington LLC endorses or accepts any responsibility for the content, or the use, of the Linked Site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

10. VIOLATION OF THESE TERMS OF USE. Tyra Babington LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tyra Babington LLC’s rights or property, or the rights or property of visitors to or users of the Website, including Tyra Babington LLC’s customers. Tyra Babington LLC reserves the right at all times to disclose any information that Tyra Babington LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tyra Babington LLC also may disclose your information when Tyra Babington LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Tyra Babington LLC may preserve any transmittal or communication by you with Tyra Babington LLC through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Tyra Babington LLC determines that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Tyra Babington LLC, its employees, users of or visitors to the Site, and the public. If Tyra Babington LLC does take any legal action against you as a result of your violation of these Terms of Use, Tyra Babington LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tyra Babington LLC. You agree that Tyra Babington LLC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

11. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Tyra Babington LLC and its successors, assigns, affiliates and its and their respective officers, directors, employees, contractors, and agents with respect to any third party action, cause of action, claim, damage, obligation, loss, liability, cost, expense (including but not limited to attorney’s fees) or other assertion of a legal right (each, a “Claim”), including by a government entity, made against Tyra Babington LLC, even if the Claim is groundless, fraudulent, or false, in connection with, resulting from, arising out of, or relating to (i) your use of the Website, (ii) your violation of any term of the Terms of Use, or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

12. TERMINATION. Tyra Babington LLC may terminate your membership, delete your account and any material that you have posted on the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiration of your membership or your ceasing to use the Website, your obligations hereunder shall survive indefinitely.

13. NOTICES. If you are a copyright owner or an agent thereof and believe that any Content or other material on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C 512(c)(3)) by sending Tyra Babington LLC the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material, (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail, (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to Tyra@Tyrababington.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Tyra@Tyrababington.com. 14. ADDITIONAL GENERAL TERMS. You agree that: (i) the Website shall be deemed solely based in Indiana, and (ii) the Website shall be deemed “passive” and shall not give rise to personal jurisdiction over Tyra Babington LLC, either specific or general, in jurisdictions other than the State of Indiana. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tyra Babington LLC without restriction. All matters relating to the Website and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). Any claim or dispute between you and Tyra Babington LLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. These Terms of Use, together with the Privacy Policy and any other legal notices published by Tyra Babington LLC on the Website, shall constitute the entire agreement between you and Tyra Babington LLC concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Tyra Babington LLC’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED