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TheLightning Deals//nOfficial Rules//nThe following official rules (these “Terms”) contain important information regarding the Lightning Deals (the “Promotion”) sponsored by Whaleco Inc. and its affiliates (“Sponsor”, “we” or “us”). Please read the following Terms carefully.  These Terms are a binding agreement between you and Sponsor and will govern your participation in the Promotion. //nSponsor reserves the right to modify these Terms at any time, without notice to you, so it is important to check the Terms periodically.  Participation in the Promotion and/or claim and use of coupons offered under the Promotion is considered acceptance of these Terms and any modified terms included therein. Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Promotion and/or any coupons thereunder at any time without notice. //nOffer: This Promotion offers you discounts as displayed on the Promotion page on the listed items within the time limit as indicated on the Promotion page. The items on the Promotion page are provided on a first come first serve basis. You agree to join this Promotion by submitting the order of the listed items on the Promotion page. Rewards are void if prohibited or restricted by law. Rewards are not transferable or redeemable for cash and not refundable.  //nEligibility: Offer limited to legal residents of the United States and over 18 years of age.  Employees, officers and directors of Sponsor, and its parent company, subsidiaries, affiliates, partners, franchisees, advertising and promotion agencies, manufacturers or distributors of promotion materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers, directors are not eligible to participate. All federal, state and local laws and regulations apply. //nConditions and Restrictions: You may not use the Promotion in a manner that violates any law, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Promotion, as such conduct will be grounds for immediate termination and disqualification from the Promotion, forfeiture of any coupons given.  In addition, you may not (i) tamper with the Promotion, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. //nTERMINATION:  Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Promotion and/or any coupons at any time without notice.  Sponsor may, in its sole and absolute discretion, terminate or suspend any participation in the Promotion for breach of these Terms, or for taking any actions that are inconsistent with the intent of these Terms.  Sponsor reserves the right at its sole discretion to prohibit you from participating in any aspect of the Promotion or change the coupons irrespective of the value of the original coupons if Sponsor deems or suspects that you have engaged in or have attempted to engage in any of the following: (a) acting in violation of these Terms; or (b) damaging, tampering with or corrupting the operation of the Promotion or Temu platform; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Promotion.  Any decision Sponsor makes relating to termination or suspension of your participation in the Promotion shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. //nTaxes:  All taxes applicable to any benefits provided by Sponsor under this Agreement will be your responsibility and Sponsor shall not pay any amounts for federal, state or municipal income tax, withholding tax, social security, unemployment or worker’s compensation. If Sponsor is required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income or a Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, reflecting the Rewards paid by Sponsor to you, then you will be required to complete and submit a Form W-9 or Form W-8 (Series) to Sponsor. //nCONFIDENTIALITY:  Both Sponsor and you acknowledge that either party may acquire confidential information concerning the other party pursuant to the provisions of this Agreement, and hereby agree that they shall not use any such information for any purpose, except as otherwise expressly permitted hereunder. You further agree not to disclose or provide any such information to any third party and to take all necessary measures to prevent any such disclosure. //nRELEASE: By participating in the Promotion, you release Sponsor, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Promotion and/or the use of any Rewards.  //nINDEMNIFICATION: You agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by you of any of these Terms and Conditions or any violation by you of applicable law.  //nGOVERNING LAW:  The laws of the State of New York shall govern these Promotion Terms and Conditions.  You hereby expressly consents to exclusive jurisdiction and venue in the courts located in New York for all matters arising in connection with these Terms and Conditions or your participation in the Promotion. //nLIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, no responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of this Promotion and/or Temu platform: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Temu platform in whole or in part for any reason; traffic congestion on the Internet or Temu platform; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Promotion. //n To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any coupons shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  //nWITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON TEMU PLATFORM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  //nPRIVACY. The personal information collected, processed and used as part of the Promotion will be used in accordance with Sponsor’s privacy policy (you may find it on Temu App, ”Settings”>”About Temu” >”Privacy & Cookie Policy” or at https://us.temu.com). Sponsor and/or its service providers may contact you about your participation in the Promotion.  //nTranslation. The translated versions of these Terms are provided for your reference only. If there are any discrepancies between the English version and versions in other languages, the English version shall always prevail.//nWhaleco Inc.//nSuite 355, 31 St. James Avenue//nBoston, Massachusetts 02116//nUSA //nLast updated date: January 19, 2023.

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