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TERMS AND CONDITIONS

By registering with YouChoose or by using the webpages available at www.YouChoose.net, and all linked pages (the "Site") and/or services provided by YouChoose (the Site and services are referred to collectively as the "Services"), you agree to be bound by the YouChoose Services Agreement Terms and Conditions (the "Agreement" or "Terms and Conditions") and the YouChoose Privacy Policy, referred to collectively as the "Rules". Please read the Rules before registering with YouChoose or using the Services. If at any time you do not agree to the Terms and Conditions and to be bound by the Rules you should discontinue your use of the Services.

This Agreement is hereby entered into between YouChoose and you on the following terms and conditions.

1. INDEMNIFICATION AND LIMITATION OF LIABILITY

You are required to abide by the Rules. By using the Services you agree to indemnify and hold harmless YouChoose for any loss, liability, damage or cost (including reasonable attorneys' fees and cost) arising from or in connection with your use of any of the Services, violation of the Rules, or the infringement by you or any third party using your account.

YouChoose exercises reasonable care to ensure that the Services and related information is correct and accurate and is not responsible, directly, indirectly or consequentially, for the content or the suitability of or the information contained in the Services.

YouChoose does not accept liability for any damage direct, indirect or consequential for the use of the Services. In no event shall YouChoose be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages (including lost savings or profit, lost data or business interruption even if YouChoose is notified in advance of such possibility). This includes damages incurred by you, your customers or any third party.

YouChoose disclaims all warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with this. YouChoose offers both free and fee-based Services. YouChoose does not guarantee that it will continue to offer the Services at the current price or at all in the future. YouChoose reserves the right to discontinue or modify the Services and to change the price of the Services without notice to you other than by disclosure on the Site.

2. FORCE MAJEURE

YouChoose will not be liable for any failure or delay in performing any obligation under this agreement that is due to causes beyond its reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labor strikes, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns, or the inability to procure supplies or materials.

3. ENTIRE AGREEMENT AND MODIFICATIONS

The terms of this agreement constitute the entire agreement between YouChoose and you regarding its subject matter and its terms supersede any prior or simultaneous agreement or terms, whether oral or written. YouChoose may change the Rules and the scope of the Services in whole or in part, at any time without notice. Such changes will be posted on the Site and such posting will constitute notice to you. Links to the Rules can be found on the YouChoose home page, located at http://www.YouChoose.net. Each time before using the Services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of Services. Your continued use of Services after the posting of any such change constitutes your acceptance of all the changes. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect. Any failure of YouChoose to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.

4. NO ASSIGNMENT

You may not assign, resell, or license this agreement or the Services provided hereunder, without the prior written consent of YouChoose.

5. VIOLATION OF RULES AND JURISDICTION

YouChoose reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which YouChoose believes in its sole discretion to be illegal, discriminatory, obscene, promoting of hate or violence or potentially harmful to others or that may expose YouChoose to harm or liability. YouChoose may suspend or terminate your use of the Services if it determines that you have failed to comply with any of the Rules. YouChoose reserves the right to terminate the use of any user name or email address at any time. The Services may only be used for lawful purposes. Transmission or posting of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. YouChoose maintains the right to refuse to provide Services that includes adult content and/or is considered to be detrimental to the business of YouChoose. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline Service and to cancel any account at our discretion.

At YouChoose's discretion, access to the Services may be revoked at any time for abusive conduct on the Site and/or the Internet and its resources as a whole. Creating or sending, or causing to be sent, Spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. YouChoose is deemed as authority to define abusive conduct, and definitions may periodically change or be amended.

This agreement will be governed by and construed in accordance with the laws of the State of Delaware, United States of America. Each party consents to the exclusive venue and jurisdiction of the appropriate courts in Delaware for any disputes under this agreement.

6. YOUCHOOSE OBLIGATIONS

Subject to the Rules and such other regulations that YouChoose may adopt from time to time, YouChoose will provide you with Services. YouChoose retains the right to change, suspend or terminate use of the Services at any time for any reason, without notice, and nothing herein shall be construed to limit that right.

YouChoose will collect, store, compile and utilize information about you, your computer and your use of the YouChoose Services in accordance with the terms of the Privacy Policy.

7. YOUR OBLIGATIONS

In exchange for your use of the Services you agree to provide YouChoose with accurate and complete information it may request through registration and other forms. You must register for the Services using your own name. You represent and warrant that you have full right, power, and authority to consent to use the Services and enter into this Agreement. You further represent and warrant that you have full right, power, and authority over any content you contribute. You agree to indemnify and hold YouChoose and its Service partners harmless from and against any and all liabilities, losses, damages, costs, and expenses (including attorneys' fees) incurred by YouChoose and its Service partners resulting from breach of this paragraph. YouChoose reserves the right to verify the accuracy of the information you submit in connection with your activation for the Services and you hereby consent to YouChoose's verification of such information.

You are responsible for your use of the Services and for the security of your login identification, your password and any security code that you use to protect access to your data, YouChoose personal profile, and any information you disseminate through use of the Services. You must not set up any automated programs to interact or act upon the Services without prior written consent from YouChoose. You agree not to modify, change, disassemble, decompile or otherwise reverse engineer any software or Service provided by YouChoose. You must not cause or allow robots or other automated processes to act upon or interact with the Services without prior written consent from YouChoose.

You agree not to publish or otherwise disclose data acquired from the Services without the written consent of YouChoose. You may not create or activate duplicate accounts without the prior written consent of YouChoose.

The Site contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use YouChoose's name and logo on these sites. YouChoose does not always control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by YouChoose of the site or any association with their operators. Because YouChoose has no control over such sites and resources, you agree that YouChoose is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers within the Services, including the payment and delivery of related services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that YouChoose shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Minors: If you are less than 18 years old but older than 13 years old, you should obtain your parent's permission to use the Services. If you are less than 14 years old, you are not allowed to use the Services without providing YouChoose with your parent's consent in the form required by YouChoose. Parents may read further information by going to our Privacy Statement. If you are a parent permitting a minor to use the Services, you agree to: exercise supervision over the minor's use of the Services and access to the Internet, assume all risks associated with the minor's viewing of content received through use of the Services and the minor's transmission of materials, content, or information to another person via the Internet, assume any and all liabilities resulting from the minor's use of the Services, ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to YouChoose registration forms.

8. YOUR PAYMENT OBLIGATIONS

The fee-based Services are based on a fee paid by you via credit or debit account. If your credit card is not valid or if payment is not made for any reason you will be considered in default under the Agreement. If any payment due to YouChoose under this Agreement is not paid when due, you agree to pay interest on the past due amount on a daily basis from the due date until the date paid at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. Service fees are paid via your credit or debit account. YouChoose generally does not issue credits or refunds in the event of a change in Services requested or cancellations and any decision to process and honor a refund or credit request will be at the sole discretion of YouChoose.

You will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Services. You will pay all sales or use taxes. You will also pay all other local, state or federal taxes arising out of your use of the Services.

9. INDEMNIFICATION OF YOUCHOOSE

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD YOUCHOOSE AND ITS SERVICE PARTNERS, ADVERTISERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF THE SERVICES. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF SERVICES PROVIDED TO YOU.

10. WARRANTY DISCLAIMERS

YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUCHOOSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE. YOUCHOOSE IS PROVIDING A SERVICE REMOTELY VIA THE INTERNET AND MULTIPLE PUBLIC AND PRIVATE FACILITIES, SOME OF WHICH ARE NOT WITHIN OUR CONTROL. YOUCHOOSE DOES NOT GUARANTEE THE QUALITY OR CONDITION OF THE SERVICE. YOUCHOOSE DOES NOT GUARANTEE THE SERVICES WILL BE ACTIVE AND AVAILABLE 100% OF THE TIME AND WILL NOT BE HELD LIABLE FOR ANY LOSSES IN THE EVENT THAT THERE IS A SERVICE FAILURE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT OR POWER TO CONSENT TO THE SERVICES. ADDITIONALLY, YOU NEED TO INDEMNIFY AND HOLD HARMLESS YOUCHOOSE FROM ANY DAMAGES RESULTING FROM BREACH OF THAT WARRANTY. YOU AGREE TO HOLD YOUCHOOSE HARMLESS FROM ANY DAMAGES RESULTING FROM SERVICE DISRUPTIONS.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL YOUCHOOSE AND ITS SERVICE PARTNERS BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT YOUCHOOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOUCHOOSE AND ITS SERVICE PARTNERS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL YOUCHOOSE'S LIABILITY TO YOU EXCEED ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO YOUCHOOSE, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE YOUCHOOSE SERVICES MAY BE BROUGHT BY YOU OR YOUCHOOSE MORE THAN ONE (1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, YOUCHOOSE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. DEFAULT AND REMEDIES

You will be in default under this Agreement if you fail to comply with any provision of this Agreement, any representation made by you related to the Services is or becomes untrue, or if you fail to pay any amount when due (subject to a 10-day grace period for Customers in North America, and a 21-day grace period for Customers outside of North America). If you are in default in any way, YouChoose may immediately declare all unpaid amounts due and payable, terminate this Agreement with respect to all or any part of the Services, or take any other lawful action the YouChoose may deem appropriate to obtain damages for your breach.

13. COPYRIGHT NOTICE

Except where otherwise noted, all Site content is copyright (c) 2006-2006 YouChoose, ALL RIGHTS RESERVED. For a request to reuse any content, please contact YouChoose at Privacy@YouChoose.net This Site contains links to information maintained by other entities, including our partners, advertisers and other third parties. YouChoose does not provide any warranty about the accuracy or source of such information. All trademarks used or referred to on this site are the property of their respective owners.

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