TERMS & CONDITIONS OF SERVICE These Terms and Conditions of Use ("Terms and Conditions”) are effective and binding by and between BuyUnder.com, and YOU, as of the moment I enter the site I Accept the Terms and Conditions below. In consideration of the promises and mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: INTELLECTUAL PROPERTY All data, designs, text, images, photographs, illustrations, artwork, graphic content, or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all trademarks, service marks, and trade names appearing on the BuyUnder.com site (the "Intellectual Property") are the property of BuyUnder and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected pursuant to United States and foreign copyright and trademark laws. Nothing contained on the BuyUnder.com web site should be construed as granting either directly, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or trade name displayed on the site without prior written permission of BuyUnder or its subsidiaries and affiliated companies unless expressly stated otherwise. BuyUnder vehemently enforces its intellectual property rights. You may not frame or use framing techniques to enclose the BuyUnder.com site, or any trademark, logo, or other proprietary information of BuyUnder, our subsidiaries, or affiliates without our express written consent. BuyUnder grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for lawful, noncommercial, personal use only, one copy of any of the Intellectual Property, provided that you maintain all copyright and other notices contained in such Intellectual Property. Notwithstanding the foregoing, you agree that under no circumstances you will use data obtained from BuyUnder.com, nor will you allow, enable, or otherwise support any third party's use of data obtained from BuyUnder.com, to: (i) collect or harvest listings appearing on the BuyUnder.com site for the purpose of sending solicitations to BuyUnder members; or (ii) enable high-volume, automated, electronic processes that apply to BuyUnder.com (or its systems), or any Internet domain name registrar or registry for the registration of second-level domains. You further agree not to sell, license, rent, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, compile, repackage, broadcast, circulation, or other dissemination of any Intellectual Property to any third party without the express prior written consent of BuyUnder. Use of any Intellectual Property beyond the scope of this limited license is permitted only withBuyUnder's express written permission. BuyUnder's trademarks and trade dress may not be used: (i) in connection with any product or service that is not BuyUnder's; (ii) in a manner that is likely to cause confusion among consumers; or (iii) in any manner that disparages or discredits BuyUnder. While you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BuyUnder.com, you may not do so if the link portrays BuyUnder, its subsidiaries or affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BuyUnder.com logo or other proprietary graphic or trademark as part of any link without express written permission. REPRESENTATIONS AND WARRANTIES YOU USE THE BUYUNDER.COM SITE AT YOUR OWN RISK. THE INFORMATION AVAILABLE AT THE BUYUNDER.COM SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE TRADE OR PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. BuyUnder makes no warranties or representations about the accuracy or completeness of the site content. Information on the BuyUnder.com site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. BuyUnder may also make improvements and/or changes to the products and/or the programs described in the information at any time without notice. NEITHER BUYUNDER NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THIS SITE OR ANY CONTENT ON THIS SITE, REGARDLESS OF THE ACCURACY OR COMPLETENESS OF ANY SUCH CONTENT BUYUNDER ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. DECISIONS BASED ON DATA OR INFORMATION ARE THE RESPONSIBILITY OF THE INDIVIDUAL. When you access a non-BuyUnder.com web site, please understand that it is independent from BuyUnder and that we have no control over its content. CORRESEPONDENCE WITH BUYUNDER If you have any questions about this site, please contact BuyUnder. Any comments or materials sent to BuyUnder, including feedback data, such as questions, comments, suggestions, or the like, regarding the content of any such documents (collectively "Feedback") shall be deemed to be non-confidential and non-proprietary. BuyUnder shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and without compensation to you. Further, BuyUnder shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products incorporating such Feedback. APPLICABLE LAWS AND SEVERABILITY You and BuyUnder agree that the statues and laws of the State of California shall apply to any actions or claims arising out of or in relation to these Terms of Use, without regard to conflicts of laws principles thereof. You and the BuyUnder also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the Los Angeles County, in the State of California and any legal proceedings shall be conducted in English. BuyUnder makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. Any failure by BuyUnder to enforce any of its rights under applicable laws shall not constitute a waiver of such right. The `provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.