IdentityExpress™ Website Terms and Conditions and End-User License Agreement (Updated 03-01-11)

Thank you for visiting the identityexpress™ website located at www.identityexpress.com (the "Site"). The Site is an Internet property of identityexpress.com, LLC ("Company," "we" or "us"). You agree to the following identityexpress™ Website Terms and Conditions and End-User License Agreement ("Terms and Conditions"), in their entirety, when you: (a) access or use our Site; and/or (b) register on the Site to become a member ("Member") which grants you access to: (i) various identity theft protection products and/or services ("Services"), as provided by Company and/or Company's third party identity theft protection service providers ("Third Party Service Providers"); and/or (ii) Company's proprietary identity protection-themed software offerings ("Software"). These Terms and Conditions are inclusive of the identityexpress™ Privacy Policy ("Privacy Policy") and any and all other applicable Company manuals, operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").

PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH ACCESSING THE SITE, SERVICES AND/OR DOWNLOADING OR INSTALLING THE SOFTWARE. BY ACCESSING THE SITE, SERVICES AND/OR DOWNLOADING THE SOFTWARE, YOU CONSENT TO BE BOUND BY AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT BECOME A MEMBER, ACCESS THE SITE, SERVICES OR DOWNLOAD THE SOFTWARE.

1. Scope/Modification of Agreement. The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site, Services and/or Software shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, Software and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check the Site for any updates and/or changes.

2. Requirements. The Site, Software and/or Services are available only to individuals that can enter into legally binding contracts under applicable law. The Site, Software and Services are not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Site and/or Services. Please be advised that residents of New York State shall not have access to the identityexpress™ Theft Insurance (as further described below). Please be advised that the Software is only compatible for use on Microsoft Windows operating systems.

3. Description of the Software. Subject to the terms and conditions of the Agreement, by submitting your Application (as defined below) on the Site, and receiving approval from Company, you can, for a fee (as described below), download, or attempt to download, the Software on one (1) personal computer ("PC"); provided, however, that the Software will only function properly where your PC utilizes a Microsoft Windows operating system.

Functionality. For purposes of the Agreement, the term "Software" means all Company software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the Software and/or other applications made available at the Site. In connection with downloading the Software, you will be installing a software program on your PC that will: (a) enable you to store all of your important passwords and information in one location, with password protection and encryption to help secure the privacy of such data ("identityexpress™ Password Manager"); (b) provide protection against unauthorized third party access to your PC, and alert you when the Software detects any such attempt ("identityexpress™ Early Alerts"); and (c) remove any adware, spyware or other malware on your PC detected by the Software ("identityexpress™ Malware Remover").

Updates/Bug Fixes . Company reserves the right (but is not obligated) to add additional features or functions to the existing Software, and to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement, from time to time. When installed on your PC, the Software periodically communicates with Company servers. Company may require the updating of the Software residing on your PC when Company releases a new version of the Software, or when Company makes new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions, in Company' sole and absolute discretion. You understand that we may require your review and acceptance of our then-current Agreement before you will be permitted to use any subsequent versions of the Software. You acknowledge and agree that Company has no obligation to make any subsequent versions of the Software available to you, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.

Third Party Software . ANY THIRD PARTY SOFTWARE, AS WELL AS ANY THIRD PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE SOFTWARE ARE MADE AVAILABLE FOR USE AT YOUR OPTION AND AT YOUR OWN RISK. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. COMPANY IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THIRD PARTY SOFTWARE.

Install/Uninstall . The Software requires your consent prior to installation. Company does not believe that users should be deceived into downloading or installing the Software. The Software can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function on your computer. Please be advised that in some instances, you may be required to restart your PC before all remnants of the Software are completely uninstalled and removed from your PC. For more detailed instructions on how to uninstall the Software, please review the uninstall instructions available on the Site or contact Customer Service.

If you experience any problems installing and/or uninstalling the Software, please contact us via e-mail at: support@identityexpress.com, or call us at: 877-644-2964.

THE SOFTWARE IS NOT SPYWARE OR ADWARE. THE SOFTWARE WILL NOT MONITOR HOW YOU USE YOUR PC, NOR WILL IT DELIVER ADVERTISEMENTS TO YOUR PC.

Software License Grant . Subject to the terms and conditions contained in the Agreement, upon becoming a Member, Company grants to you a non-exclusive, non-transferable and non-assignable license, for your own personal, end-use purposes only, to install and use the Software on one (1) PC where such PC is owned or leased by you.

Term of Software License . The license set forth above shall be in effect from the time you install the Software and shall remain in effect for so long as your Membership remains fully paid and in good standing, unless this license is otherwise terminated. This license will terminate upon the conditions set forth in the Agreement, upon termination of your Membership for any reason or if you fail to comply with any term or condition of the Agreement. Company may terminate the Agreement for any reason with or without notice to you. You agree upon expiration or termination of the Agreement to immediately un-install the Software and destroy all copies of the Software in your possession and/or under your control.

License Restrictions . THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. YOU MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF YOUR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE SOFTWARE OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE SOFTWARE IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF COMPANY, WHICH CONSENT SHALL BE AT COMPANY'S SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY. YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE SOFTWARE OR OTHERWISE ATTEMPT TO: (A) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS ASSOCIATED WITH THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE SOFTWARE; OR (B) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE SOFTWARE.

4. Description of the Services . Subject to the terms and conditions of the Agreement, by submitting your Application on the Site, and receiving approval from Company, you can obtain, or attempt to obtain, the Services, as provided by Company and/or Company's Third Party Service Providers. In connection with the Services: (a) Company and its Third Party Service Providers will monitor your personal information through use of numerous financial and non-financial sources, and notify you promptly if any potential identify theft-related activity is uncovered by and through a review of such sources ("identityexpress™ Early Alerts"); (b) Company and its Third Party Service Providers will assist you in the recovery process in the event that your identity is stolen ("identityexpress™ Recovery Assistance"); and/or (c) where you qualify, Company's Third Party Service Provider, Chartis, Inc., will issue you a Twenty-Five Thousand Dollar ($25,000.00) insurance policy that will cover your identity-theft related losses up to Twenty-Five Thousand Dollars ($25,000.00) ("identityexpress™ Theft Insurance"). Click here for a summary of benefits associated with the identityexpress™ Theft Insurance:Summary of Benefits. Please be advised that residents of New York State shall not have access to the identityexpress™ Theft Insurance.

The ultimate terms and conditions of any product or service provided by any Third Party Service Providers including, without limitation, the identityexpress™ Theft Insurance, will be determined by those Third Party Service Providers.

You understand and agree that Company is not responsible or liable in any manner whatsoever for the acts and/or omissions of its Third Party Service Providers. You understand and agree that Company is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, any products and/or services offered by its Third Party Service Providers , or for any dispute between you and any Third Party Service Providers . You understand and agree that Company shall not be liable to you or any third party for any insurance claims or any modification, suspension or discontinuation of any product, service or promotion offered by any Third Party Service Providers . You understand and agree that Company shall not be liable to you or any third party for any false, inaccurate, incomplete, untimely or otherwise erroneous identity theft reports, or other identity theft-related information provided by Company or its Third Party Service Providers.

5. Billing and Payment. In consideration for your use of the Software and/or Services as a Member, you agree to pay the Fees (as defined below and further described in this Section 5). Upon submitting your Application, your local telephone bill will be charged Seventeen Dollars and Ninety-Five Cents ($17.95) on a monthly basis for your ongoing Membership ("Fees") until cancelled. The Fees will appear on your local telephone bill through the identifier identityexpress. You agree that all such Fees may be automatically applied to your local telephone bill, and that you have the authority to authorize such billing. Please be advised that Company and your local telephone carrier are not affiliated.

For so long as your Membership remains active, the Fees will accrue on the monthly anniversary date of your sign-up, and such Fees will be charged in advance. You acknowledge and agree that Company will not obtain additional authorization from you for each monthly installment of the Fees charged to your local telephone bill. Every time that you use the Software and/or Services, you re-affirm that Company is authorized to charge your local telephone bill.

You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your use of the Software and/or Services. All Fees are payable in United States currency. Failure to use the Software and/or Services does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of Company in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Company reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Software and/or Services after receipt of such notice shall constitute consent to any and all such changes. If you do not agree with these changes, or for any other reason, you may cancel your Membership at any time as set forth below. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum rate permitted by law. Your account may be deactivated, and access to the Site, Software and/or Services denied, for non-payment.

Company's authorization to provide and bill for access to its Software and/or Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company's reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

6. Cancellation of Membership. You may cancel your Membership at any time by: (a) calling us toll free at 877-644-2964; (b) e-mailing us at support@identityexpress.com; provided, however, that: (i) you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees); (ii) you shall not receive any pro-rata refund for partial months; and (iii) we will not refund any amounts previously paid up to the date of cancellation or termination. Please have your Registration Data (as defined in Section 9 below) available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Company.

7. Rescission Period. You may cancel your Membership within seven (7) days from the date displayed in the confirmation e-mail that you receive after registering to become a Member ("Rescission Period") by: (a) calling us toll free at 877-644-2964; (b) e-mailing us at support@identityexpress.com. If you cancel during the Rescission Period, your Membership will be cancelled and you will not be charged or, if charged, refunded, the monthly fee of Nineteen Dollars and Ninety-Five Cents ($19.95) attributable to the first month of Membership. If you do not cancel during the Rescission Period, we will bill you pursuant to the terms set forth in Section 5 above, until such time that you cancel, or we terminate, your Membership. After the Rescission Period has expired, you may cancel your Membership at any time and not incur any future charges. However, any fees previously paid up to the date of cancellation or termination of your Membership will not be refunded and you will remain liable for any and all unpaid charges then already billed by Company.

8. Refund Policy. Company has strict guidelines regarding the issuance of refunds in order to protect Company from abuse and fraud. By purchasing a Membership, you agree to abide strictly by our refund policy, as set forth herein. Please do not contact our Third Party Service Providers, affiliates, vendors, marketers, payment processors or any other service providers regarding a refund request. Refunds granted, if any, are done so on a pro-rata basis. To request a refund, you must do it through our Support Site and use the subject line of "Refund Request." The body of your refund request communication should read as follows:

All refund requests will be addressed in the order that they are received. Any refunds granted are done in the sole discretion of Company. Our determination is final with respect to all refund requests and you agree to honor and abide by our decision.

9. Registration. In order to gain access to the Services and Software, and/or become a Member, you must first submit the applicable registration form ("Application") to Company for review and initial approval. Company reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to complete an Application may include, without limitation, your: (a) full name; (b) mailing address; (c) e-mail address; (d) date of birth; (e) telephone number; (f) the last four (4) digits of your Social Security Number; and/or (g) any other information requested by us on the Application (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Company will verify and approve all Applications in accordance with its standard verification procedures.

If Company approves your Application, Company will set up your specific account ("Account") and send a confirmation e-mail to the e-mail address that you provided at the time of registration. The confirmation e-mail will contain the following information: (i) your user name; and (ii) your password. You can access your Account at the Site using your user name and password, and then change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password including, without limitation, any and all charges incurred through use of same.

Company may reject your Application and/or terminate your Membership at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that you are in any way in breach of the Agreement.

10. General License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services, Software and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may only use the Site, Services, Software and associated content, on one (1) computer for your own personal, non-commercial use. No part of the Site, Services, Software or associated content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Site, Software and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Services, Software or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, Software and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site, Services, Software and associated content is not transferable.

11. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, Software and/or Services, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, Software and/or Services is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site, Software and/or Services. The posting of information or material at the Site, or by and through the Software and/or Services, does not constitute a waiver of any right in or to such information and/or materials.

12. Usage Restrictions . You agree that the Software may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and regulations. You agree to comply with all other applicable laws and regulations in connection with your use of the Site, Software and/or Services. The Site, Software and Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of Site, Software and Services. You agree not to use the Site, Software and/or Services: (a) for any commercial purposes; or (b) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.

13. Equipment. You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Site, Software and/or Services.

14. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site and/or through the Software and/or Services.

15. User Information. All materials that you submit through or in association with the Site, Software and/or Services including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

16. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Software and/or Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Provider or other third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 16 are for the benefit of Company, its parent, subsidiaries and corporate affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

17. Disclaimer of Warranties. THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE SERVICES AND/OR SOFTWARE WILL PROTECT YOU FROM ALL INSTANCES OF IDENTITY THEFT; (D) THAT YOU WILL QUALIFY FOR INSURANCE COVERAGE FROM COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS OR THAT THE ASSOCIATED INSURANCE COVERAGE WILL BE ADEQUATE TO MEET YOUR REQUIREMENTS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS, WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES AND/OR SOFTWARE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE, SERVICES AND/OR SOFTWARE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE SITE, SERVICES, SOFTWARE AND/OR ANY THIRD PARTY SERVICE PROVIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

18. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REDUCED CREDIT RATING, REGULATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE INABILITY TO QUALIFY FOR INSURANCE COVERAGE FROM COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS OR ANY DEFICIENCY, DENIAL, DEFECT OR LAPSE IN THE INSURANCE COVERAGE PROVIDED BY COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS; (E) ANY FALSE, INACCURATE, INCOMPLETE, UNTIMELY OR OTHERWISE ERRONEOUS IDENTITY THEFT REPORTS, OR OTHER IDENTITY THEFT-RELATED INFORMATION PROVIDED BY COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS; AND (F) ANY OTHER MATTER RELATING TO THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY OR ANY THIRD PARTY SERVICE PROVIDERS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE COMPANY, AND ITS THIRD PARTY SERVICE PROVIDERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE, SOFTWARE AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

19. Third Party Websites. The Site, Software and/or Services may provide links to other Internet websites and/or resources including, without limitation, websites owned and/or operated by our Third Party Service Providers. Because Company has no control over such third party websites and/or resources, or its Third Party Service Providers, you hereby acknowledge and agree that Company is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from its Third Party Service Providers and/or such third party websites or resources, or for any damages and/or losses arising therefrom.

20. Legal Warning. Any attempt by any individual or entity to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, Software and/or Services, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

22. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site and Services. To the extent that anything in or associated with the Site and/or Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

23. Customer Service. If you have any questions, please contact us at: 877-644-2964.

AUTHORIZATION

BY BECOMING A MEMBER, OR ATTEMPTING TO BECOME A MEMBER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE AUTHORIZED TO INCUR CHARGES ON THE TELEPHONE ACCOUNT SUPPLIED AS A PART OF YOUR APPLICATION. BY SUBMITTING YOUR ELECTRONIC SIGNATURE, YOU UNDERSTAND THAT YOU ARE SUPPLYING YOUR AUTHORIZATION FOR THE COMPANY TO PROVIDE AND BILL YOU ACCORDING TO THE TERMS AND CONDITIONS CONTAINED HEREIN. ONCE SUBMITTED BY YOU, THIS ELECTRONIC ORDER CONSTITUTES A VALID AND BINDING ELECTRONIC LETTER OF AGENCY PURSUANT TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") AND THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL TRANSACTIONS ACT ("E-SIGN").