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Terms of Service

Your Acceptance

BY USING AND/OR VISITING THE THIS WEBSITE (collectively, including all Content and Services available through the Lootist.com domain name, the "Lootist Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF LOOTIST'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.lootist.com/privacyPolicy.htm, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Lootist Website.

Ability to Accept Terms of Service

These Terms of Service apply to all users of the Lootist Website. You must be 13 years of age or older to use Lootist's Website, as the Lootist Website is not intended for children under 13. By continuing to use the Website, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the Website.

Updates to the Terms of Service

These Terms of Service were last updated on September 12, 2007. We reserve the right, at any time, to modify the Website and/or these Terms of Service. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Website. Your continued use of the Website after modifications are posted will be considered an acceptance of the modified Terms of Service. If you do not agree to the modified Terms of Service, your sole and exclusive remedy shall be to cease using the Website.

Lootist Website

This Website is owned and operated by Lootist, Inc., a Delaware Corporation with a principal place of business in San Francisco, CA, USA. There are two types of "Users": (1) users that have registered with Lootist ("Registered Users"), and (2) visitors of the Website ("Visitors"). The Lootist Website provides Registered Users with the ability to identify themselves as product-niche enthusiasts, add links to product information on third-party websites to their profiles, to communicate with other Users via the Lootist messaging system, and to provide advice, recommendation and other information about products and services ("Enthusiasts").

Although Enthusiast profiles may contain User-generated credentials, Lootist does not endorse or guarantee any advice, recommendations or other information provided by Enthusiasts. Lootist acts as a technology service that facilitates the sharing of advice, recommendations and other information between Enthusiasts and other Users and does not make editorial or managerial decisions concerning advice, recommendations or other information provided by Enthusiasts, nor will Lootist be held responsible for any Enthusiast's failure to comply with laws or regulations concerning the advice, recommendations or other information they provide. Lootist is not responsible for the use or exchange of any information, files or other materials between Enthusiasts and other Users. Further, Lootist does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Enthusiasts. Lootist assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. However, Lootist reserves the right to review and/or record exchanges and communications between Enthusiasts and other Users, in accordance with applicable law, in order to evaluate compliance with this Terms of Service.

You are solely responsible for your interactions with Enthusiasts and will exercise caution, discretion, common sense and judgment in, using the Website and disclosing personal information to Enthusiasts, Lootist and other Users. You agree to take reasonable precautions in all interactions with Enthusiasts and other Users.

Registration Data, Passwords, and Privacy

In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information.

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.

During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.

You agree to be fully responsible for activities or transactions that relate to your account or your password. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Although Lootist will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lootist or others due to such unauthorized use. You must notify Lootist immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of this Website is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service and is published at http://www.lootist.com/privacyPolicy.htm.

Conduct on Website

You agree to obey all applicable rules and regulations in using the Website, and agree that you are responsible for the contents of your submissions or communications through the Website, including without limitation text, images, audio, video, applications, usernames, messages, comments, keywords, and other content ("User Submissions").

You agree that you will not upload, share, or otherwise distribute any User Submissions-- including product information, text, graphics, images, data, or other information -- that:

1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;

2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;

3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

7. contains measures that could be used to determine the architecture of the Website, or could be used to decompile, disassemble, or reverse engineer the Website; or

8. are to be used for a commercial purpose of any kind.

You will otherwise comply with the terms and conditions of these Terms of Service.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our Websites, deny you access to our Websites, or any combination of these actions.

The technology and the software underlying our Website is the property of Lootist, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website. You agree not to modify the software underlying our Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.

We do not endorse the contents of any User Submissions, and expressly disclaim any and all liability in connection with User Submissions. We do not pre-screen User Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules Registered User conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing User Submissions. You hereby consent to such removal and waive any claim against us arising out of such removal of User Submissions.

If you would like to notify us of User Submissions which you believe does not comply with these Terms of Service, please contact us through our feedback form at http://www.lootist.com/contactUs.htm. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying User Submissions, and the reasons you believe it does not comply. You understand that in using this Website, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Lootist arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Lootist servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lootist grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lootist reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions.

You agree that we may at any time, and at our sole discretion, terminate your User account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Linking Conditions

Your right to link to the Lootist Website is expressly conditioned upon your compliance with the following restrictions:

A. The link must either resolve to the homepage, "www.lootist.com," or to the link associated with a User profile.

B. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Lootist or any other third party.

C. The link and surrounding materials must not deliver the Website content in a framed environment, or alter the layout, content, look, or feel of the Website.

D. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking website and Lootist; and

E. The link and surrounding materials must not portray Lootist, Lootist content or services available on the Website, or the Website itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

Third Party Websites and Information

The Lootist Website may contain links to third party websites that are not owned or controlled by Lootist. These third party websites may contain information which some people consider inappropriate or offensive. Lootist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lootist will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Lootist from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Lootist Website and to read the terms and conditions and privacy policy of each other website that you visit.

Intellectual Property

The content on the Lootist Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, User Submissions interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lootist, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lootist reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Lootist Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Lootist Website or the Content therein.

User Submissions

A. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You understand that whether or not such User Submissions are published, Lootist does not guarantee any confidentiality with respect to any submissions. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lootist to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Lootist, you hereby grant Lootist a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Lootist Website and Lootist's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Lootist Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Lootist Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Lootist Website.

B. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lootist all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Lootist or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Lootist does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Lootist expressly disclaims any and all liability in connection with User Submissions. Lootist does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Lootist will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Lootist reserves the right to remove Content and User Submissions without prior notice. Lootist will also terminate a User's access to its Website, if they are determined to be a repeat infringer. Lootist also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Lootist may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

C. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(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 website are covered by a single notification, a representative list of such works at that website;

(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 Lootist to locate the material;

(iv) Information reasonably sufficient to permit the Lootist 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.

Lootist's designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent
Lootist, Inc.
650 Alvarado St, #106
San Francisco, CA 94114


Phone: 415-315-9625
E-mail: info@lootist.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Lootist customer service through http://www.lootist.com/contactUs.htm. You acknowledge that if you fail to comply with all of the requirements of this Section 5(C), your DMCA notice may not be valid.

D. You understand that when using the Lootist Website, you will be exposed to User Submissions from a variety of sources, and that Lootist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lootist with respect thereto, and agree to indemnify and hold Lootist, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

E. Lootist provides an "Embeddable Widget" feature, which you may incorporate into your own personal websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Lootist Website on the pages containing the Embeddable Widget. Lootist reserves the right to discontinue any aspect of the Lootist Website at any time.

Disclaimer of Warranties

ALL CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU FROM THE WEBSITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE CONTENT OR SERVICES, THE UPLOADING, DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS WEBSITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENTS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

Your exclusive remedy and Lootist's entire liability, if any, for any claims arising out of this Website shall be limited to the amount you paid Lootist, if any, for any services available through the Website during the six-month period before the act giving rise to the liability.

IN NO EVENT SHALL LOOTIST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE THE CONTENT, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS WEBSITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR USER SUBMISSIONS. LOOTIST SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR USER SUBMISSIONS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Lootist, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Website, (b) distribution, display or other use of your User Submissions, (c) the violation of laws, rules, regulations or terms this Agreement, or (d) infringement by your User Submissions, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Lootist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Lootist in asserting any available defenses.

Use of Website and Storage of Material

Upon registering as a User with Lootist, you will be assigned one (1) User account. You are limited to one account per person.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other Users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our Website, or limit the amount of storage space, bandwidth, or other resources you may use.

We reserve the right to terminate any User account with no prior notice to you, including the deletion of any content associated therewith, if the account has been inactive for a twelve (12) month period.

Do not rely upon this Website as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.

International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Termination of Use

We may terminate or suspend your use of this Website at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party Websites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Miscellaneous.

Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Service, the use of this Website and/or services provided through this Website, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Northern District of California in San Francisco, California USA.

Notices

All notices to a User or to Lootist shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@Lootist.com by email. Notices to you will be sent to the email address supplied for your account by you when registering or updating your account. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Lootist, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the Website Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

Effective September 12, 2007