NAVIGATOR TERMS AND CONDITIONS

These Navigator Terms and Conditions contain important information; please read them fully before using Navigator. By accessing and using Navigator, you agree to be bound by all the Terms and Conditions set forth herein. If you do not agree with these Terms and Conditions, your sole recourse is to leave Navigator immediately.

Triton Digital, Inc. ("Triton") or its assignees may amend these Terms and Conditions from time to time by updating this page; a link to this page will appear on most Site pages. Your continued use of Navigator will indicate your acceptance of the revised Terms and Conditions.

COURTESY ESTIMATES

Navigator by Triton Digital ("Navigator") is created and owned by Triton on behalf of itself and its Affiliates to provide courtesy estimates of available sellable impressions in a2x based on Triton's assumptions and expectations derived from historical information and currently available information. These estimates (A) are based on industry trends, circumstances involving publishers and other factors, and (B) involve risks, variables and uncertainties (e.g., publishers may remove their available sellable impressions from a2x for various reasons, end-users may decrease their usage, other buyers may purchase the available impressions). Accordingly, real-time available sellable impressions may differ from those projected in Navigator. Consequently, Triton makes no guarantee regarding specific a2x available sellable impressions. As used in these Terms and Conditions, Triton's "Affiliates" refers to Triton's owners, subsidiaries, affiliated companies, suppliers, licensors, partners, sponsors, and clients, and includes (without limitation) all parties involved in creating, producing, and/or delivering Navigator and/or its contents.

CONFIDENTIALITY

For the purposes of these Terms and Conditions, any information you derive from Navigator shall be known as "Confidential Information".

You may use the Confidential Information derived from Navigator only for the purpose of evaluating the availability of sellable impressions in a2x and/or planning digital audio advertising campaigns within a2x, and for no other purpose, and shall not disclose any such Confidential Information to any third party. Except as provided herein, you shall not use for its own benefit, publish, copy, store in any retrieval system, or otherwise deal with the Confidential Information in any manner whatsoever without Triton's prior written consent.

You may disclose Confidential Information only on a need-to-know basis to your employees, consultants, officers, directors and agents, including, without limitation, legal counsel (collectively "Representatives"), who agree to be bound by these Terms and Conditions or otherwise are obligated to maintain the confidentiality of such information; provided, however, that you shall be held liable for any acts or omissions by its Representatives that if committed by you would be a breach of these Terms and Conditions.

You may disclose Confidential Information in accordance with a judicial or other governmental order, law or regulation (collectively "Requirements"), as required in the reasonable written opinion of your legal counsel, provided that you make commercially reasonable efforts to provide Triton with prompt written notice prior to such disclosure to permit Triton to seek a protective order, confidential treatment, or other appropriate protection against compelled disclosure, and cooperate, at Triton's expense, with Triton's efforts to obtain such protection. If such protective order or other appropriate protection is not obtained, you will disclose only that portion of the Confidential Information as is required pursuant to such Requirements. Any such required disclosure shall not, in and of itself, change the status of the disclosed information as Confidential Information under the terms of these Terms and Conditions.

DISCLAIMER/LIMITATION OF LIABILITY

While Triton uses reasonable efforts to include accurate and up-to-date information in Navigator, Triton and its Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through Navigator; and (b) assume no liability or responsibility for any errors or omissions in the content of Navigator (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us.

Triton neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Triton spokesperson acting in his/her official capacity. Under no circumstances will Triton or its Affiliates be liable for any loss or damage caused by your reliance on information obtained on or through Navigator. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available on or through Navigator. In particular, we strongly suggest you consult your own professional advisor(s) before relying on any advice or information you obtain on or through Navigator.

Your use of Navigator is at your own risk. Neither Triton nor its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability or other theory, arising out of or in connection with: (a) your access to, or use of, Navigator; (b) any products, services, information, activities, and/or materials available on or through Navigator; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through Navigator, regardless of its origin; (d) any breaches of security involving Navigator or your account, or any lack of availability or operational problem of, Navigator; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of Navigator. Additionally, Triton cannot guarantee the availability of Navigator at all times or on all computer equipment or browser software, and has no responsibility for any inability to access Navigator. WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE ON OR THROUGH NAVIGATOR IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH NAVIGATOR FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY TRITON OR ANY OTHER OF ITS AFFILIATES.

INTELLECTUAL PROPERTY INFORMATION

Copyright © 2017 Triton Digital, Inc. All Rights Reserved.

Any and all content, data, graphics, photographs, images, audio, video, software, trade-marks, service marks, trade names and other information (collectively, the "Content") contained in Navigator are the property of Triton and/or its Affiliates. Except as set forth herein, you may not copy, modify, reproduce, publish post, transmit, distribute, display, create derivative works from, or sell the Content without the express written permission of Triton. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Triton. To obtain written consent for such reproduction, please contact us at legal@tritondigital.com.

CODE OF CONDUCT

You are responsible for ensuring that your use of Navigator is in compliance with any applicable laws or regulations. You agree not to:

Triton may immediately terminate or limit without notice any individual's use of all or portions of Navigator in the event of any conduct by such user which Triton in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of these Terms and Conditions. Such termination may occur without notice to the user.

OTHER TERMS

Triton may at any time, without prior notice (a) deny or limit any user's access to all or portions of Navigator, and/or (b) change or eliminate any component of Navigator.

While Triton attempts to ensure the listing of accurate and up-to-date information, we will not be responsible for typographical or other errors, regardless of their cause.

Although Navigator may be accessible worldwide, Triton reserves the right to limit, in its sole discretion, the availability of Navigator and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with Navigator is void where prohibited.

Nothing contained in these terms shall be construed to limit the actions or remedies available to Triton and/or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms and Conditions does not constitute consent or waiver, and Triton reserves the right to enforce such term at its sole discretion.

You agree to indemnify, defend and hold harmless Triton and its Affiliates against any and all claims, damages, costs or other expenses that arise directly or indirectly from (a) your breach of these Terms and Conditions, (b) your activities in connection with Navigator, and/or (c) any other matter for which you are responsible hereunder or under law.

MISCELLANEOUS

These Terms and Conditions shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Any action to be brought in connection with these Terms and Conditions or Navigator shall be brought in the state or federal courts in the Borough of Manhattan, New York, New York, United States of America, and you irrevocably consent to their jurisdiction. In the event that any provisions of these Terms and Conditions are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these Terms and Conditions otherwise in full force and effect.

NOTICE

Notices to you may be made via email or regular mail, or in cases of changes to these Terms and Conditions or to the services offered by Triton, by posting notices or links to such notices on Navigator itself.

If you have any questions or comments regarding these Terms and Conditions please contact us at legal@tritondigital.com.

Updated July 20, 2017