TERMS OF USE
    AGREEMENT BETWEEN USER AND Spireon, Inc.
    
    The Spireon, Inc. Web Site is comprised of various Web pages operated by Spireon, Inc.
    
    
    The Spireon, Inc. Web Site is offered to you conditioned on your acceptance without
    modification of the terms, conditions, and notices contained herein. Your use of
    the Spireon, Inc. Web Site constitutes your agreement to all such terms, conditions,
    and notices.
    
    
    MODIFICATION OF THESE TERMS OF USE
    
    Spireon, Inc. reserves the right to change the terms, conditions, and notices
    under which the Spireon, Inc. Web Site is offered, including but not limited to
    the charges associated with the use of the Spireon, Inc. Web Site.
    
    
    LINKS TO THIRD PARTY SITES
    
    The Spireon, Inc. Web Site may contain links to other Web Sites (Linked Sites).
    The Linked Sites are not under the control of Spireon, Inc. and Spireon, Inc.
    is not responsible for the contents of any Linked Site, including without limitation
    any link contained in a Linked Site, or any changes or updates to a Linked Site.
    Spireon, Inc. is not responsible for webcasting or any other form of transmission
    received from any Linked Site. Spireon, Inc. is providing these links to you only
    as a convenience, and the inclusion of any link does not imply endorsement by Spireon, Inc. of the site or any association with its operators.
    
    
    NO UNLAWFUL OR PROHIBITED USE
    
    As a condition of your use of the Spireon, Inc. Web Site, you warrant to Spireon, Inc. that you will not use the Spireon, Inc. Web Site for any purpose that is
    unlawful or prohibited by these terms, conditions, and notices. You may not use
    the Spireon, Inc. Web Site in any manner which could damage, disable, overburden,
    or impair the Spireon, Inc. Web Site or interfere with any other partys use and
    enjoyment of the Spireon, Inc. Web Site. You may not obtain or attempt to obtain
    any materials or information through any means not intentionally made available
    or provided for through the Spireon, Inc. Web Sites.
    
    
    USE OF COMMUNICATION SERVICES
    
    The Spireon, Inc. Web Site may contain bulletin board services, chat areas, news
    groups, forums, communities, personal web pages, calendars, and/or other message
    or communication facilities designed to enable you to communicate with the public
    at large or with a group (collectively, Communication Services), you agree to use
    the Communication Services only to post, send and receive messages and material
    that are proper and related to the particular Communication Service. By way of example,
    and not as a limitation, you agree that when using a Communication Service, you
    will not:
    
    
    Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
    as rights of privacy and publicity) of others.
    
    
    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
    infringing, obscene, indecent or unlawful topic, name, material or information.
    
    
    Upload files that contain software or other material protected by intellectual property
    laws (or by rights of privacy of publicity) unless you own or control the rights
    thereto or have received all necessary consents.
    
    
    Upload files that contain viruses, corrupted files, or any other similar software
    or programs that may damage the operation of anothers computer.
    
    
    Advertise or offer to sell or buy any goods or services for any business purpose,
    unless such Communication Service specifically allows such messages.
    
    
    Conduct or forward surveys, contests, pyramid schemes or chain letters.
    
    
    Download any file posted by another user of a Communication Service that you know,
    or reasonably should know, cannot be legally distributed in such manner.
    
    
    Falsify or delete any author attributions, legal or other proper notices or proprietary
    designations or labels of the origin or source of software or other material contained
    in a file that is uploaded.
    
    
    Restrict or inhibit any other user from using and enjoying the Communication Services.
    
    
    Violate any code of conduct or other guidelines which may be applicable for any
    particular Communication Service.
    
    
    Harvest or otherwise collect information about others, including e-mail addresses,
    without their consent.
    
    
    Violate any applicable laws or regulations.
    
    
    Spireon, Inc. has no obligation to monitor the Communication Services. However,
    Spireon, Inc. reserves the right to review materials posted to a Communication
    Service and to remove any materials in its sole discretion. Spireon, Inc. reserves
    the right to terminate your access to any or all of the Communication Services at
    any time without notice for any reason whatsoever.
    
    
    Spireon, Inc. reserves the right at all times to disclose any information as necessary
    to satisfy any applicable law, regulation, legal process or governmental request,
    or to edit, refuse to post or to remove any information or materials, in whole or
    in part, in Spireon, Inc. s sole discretion.
    
    
    Always use caution when giving out any personally identifying information about
    yourself or your children in any Communication Service. Spireon, Inc. does not
    control or endorse the content, messages or information found in any Communication
    Service and, therefore, Spireon, Inc. specifically disclaims any liability with
    regard to the Communication Services and any actions resulting from your participation
    in any Communication Service. Managers and hosts are not authorized Spireon, Inc.
    spokespersons, and their views do not necessarily reflect those of Spireon, Inc.
    .
    
    
    Materials uploaded to a Communication Service may be subject to posted limitations
    on usage, reproduction and/or dissemination. You are responsible for adhering to
    such limitations if you download the materials.
    
    
    MATERIALS PROVIDED TO Spireon, Inc. OR POSTED AT ANY Spireon, Inc. WEB SITE
    
    Spireon, Inc. does not claim ownership of the materials you provide to Spireon, Inc. (including feedback and suggestions) or post, upload, input or submit to any
    Spireon, Inc. Web Site or its associated services (collectively Submissions).
    However, by posting, uploading, inputting, providing or submitting your Submission
    you are granting Spireon, Inc. , its affiliated companies and necessary sublicensees
    permission to use your Submission in connection with the operation of their Internet
    businesses including, without limitation, the rights to: copy, distribute, transmit,
    publicly display, publicly perform, reproduce, edit, translate and reformat your
    Submission; and to publish your name in connection with your Submission.
    
    
    No compensation will be paid with respect to the use of your Submission, as provided
    herein. Spireon, Inc. is under no obligation to post or use any Submission you
    may provide and may remove any Submission at any time in Spireon, Inc. s sole
    discretion.
    
    
    By posting, uploading, inputting, providing or submitting your Submission you warrant
    and represent that you own or otherwise control all of the rights to your Submission
    as described in this section including, without limitation, all the rights necessary
    for you to provide, post, upload, input or submit the Submissions.
    
    
    LIABILITY DISCLAIMER
    
    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
    THE Spireon, Inc. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
    ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Spireon, Inc. AND/OR ITS SUPPLIERS
    MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Spireon, Inc. WEB SITE AT ANY TIME.
    ADVICE RECEIVED VIA THE Spireon, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
    MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
    FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
    
    
    Spireon, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
    RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
    PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Spireon, Inc. WEB SITE
    FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
    SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY
    OR CONDITION OF ANY KIND. Spireon, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
    WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
    AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    
    
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Spireon, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
    SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
    DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
    WITH THE USE OR PERFORMANCE OF THE Spireon, Inc. WEB SITE, WITH THE DELAY OR INABILITY
    TO USE THE Spireon, Inc. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
    TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
    GRAPHICS OBTAINED THROUGH THE Spireon, Inc. WEB SITE, OR OTHERWISE ARISING OUT
    OF THE USE OF THE Spireon, Inc. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
    STRICT LIABILITY OR OTHERWISE, EVEN IF Spireon, Inc. OR ANY OF ITS SUPPLIERS HAS
    BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
    NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
    DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
    ANY PORTION OF THE Spireon, Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
    YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Spireon, Inc. WEB SITE.
    
    
    SERVICE CONTACT
    
    Email us
    
    
    TERMINATION/ACCESS RESTRICTION
    
    Spireon, Inc. reserves the right, in its sole discretion, to terminate your access
    to the Spireon, Inc. Web Site and the related services or any portion thereof
    at any time, without notice. GENERAL To the maximum extent permitted by law, this
    agreement is governed by the laws of the State of Washington, U.S.A. and you hereby
    consent to the exclusive jurisdiction and venue of courts in King County, Washington,
    U.S.A. in all disputes arising out of or relating to the use of the Spireon, Inc.
    Web Site. Use of the Spireon, Inc. Web Site is unauthorized in any jurisdiction
    that does not give effect to all provisions of these terms and conditions, including
    without limitation this paragraph. You agree that no joint venture, partnership,
    employment, or agency relationship exists between you and Spireon, Inc. as a result
    of this agreement or use of the Spireon, Inc. Web Site. Spireon, Inc. performance
    of this agreement is subject to existing laws and legal process, and nothing contained
    in this agreement is in derogation of Spireon, Inc.'s right to comply with governmental,
    court and law enforcement requests or requirements relating to your use of the Spireon, Inc. Web Site or information provided to or gathered by Spireon, Inc. with respect
    to such use. If any part of this agreement is determined to be invalid or unenforceable
    pursuant to applicable law including, but not limited to, the warranty disclaimers
    and liability limitations set forth above, then the invalid or unenforceable provision
    will be deemed superseded by a valid, enforceable provision that most closely matches
    the intent of the original provision and the remainder of the agreement shall continue
    in effect. Unless otherwise specified herein, this agreement constitutes the entire
    agreement between the user and Spireon, Inc. with respect to the Spireon, Inc.
    Web Site and it supersedes all prior or contemporaneous communications and proposals,
    whether electronic, oral or written, between the user and Spireon, Inc. with respect
    to the Spireon, Inc. Web Site. A printed version of this agreement and of any
    notice given in electronic form shall be admissible in judicial or administrative
    proceedings based upon or relating to this agreement to the same extent an d subject
    to the same conditions as other business documents and records originally generated
    and maintained in printed form. It is the express wish to the parties that this
    agreement and all related documents be drawn up in English.
    
    
    COPYRIGHT AND TRADEMARK NOTICES:
    
    All contents of the Spireon, Inc. Web Site are: Copyright © 2004 Spireon, Inc.
    and/or its suppliers. All rights reserved.
    
    
    TRADEMARKS
    
    The names of actual companies and products mentioned herein may be the trademarks
    of their respective owners.
    
    
    The example companies, organizations, products, people and events depicted herein
    are fictitious. No association with any real company, organization, product, person,
    or event is intended or should be inferred.
    
    
    Any rights not expressly granted herein are reserved.
    
    
    NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
    
    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
    copyright infringement under United States copyright law should be sent to Service
    Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
    WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
    Infringement.