Company offers a downloadable application (the 'Software') via its Website. By accepting the Free Trial offer and downloading the Software you will have free use of the Software during the trial period. You are only entitled to one free trial per computer. Prior to installing or using the Software you must first agree to the terms and conditions for use ('Terms of Service' or 'TOS'), the end-user license agreements below and any agreements that are displayed during installation ('Agreement(s)'). These TOS and Agreement(s) are contracts that should be read in their entirety. If you click on the 'Run' or the 'Yes' button and thereby begin the installation, you acknowledge that you have read, understood, and agree, to be bound by these terms and Agreements and to comply with all applicable laws and regulations.

1. ACCEPTANCE OF TERMS.
Company provides its services to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting Company and clicking on the Terms and Conditions link at the bottom of the page. The Software and any and all resulting services are not intended for use by or available to persons under the age of 18 (or the legal age of majority in your state, if different) living in the United States. IF YOU ARE UNDER 18 YEARS OF AGE (OR THE LEGAL AGE OF MAJORITY IN YOUR STATE, IF DIFFERENT) AND LIVE IN THE UNITED STATES, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION OR THE SERVICES.

You acknowledge and agree that Company is neither liable nor responsible to you or any third party for the Software, or your use of the Software, including any third party software that you may use or access while using the Services. Company accepts no liability for, nor makes any representations, warranties or conditions regarding the Software, including without limitation, the Software's accuracy, suitability for a particular purpose, merchantable quality, whether it is free or will remain free, or otherwise. You bear the entire risk and cost associated with the use of the Software, including impaired performance of the Services or your computer if you install (or choose not to install) any of the Software. Obligations of Company hereunder, if any, are several and not joint. You acknowledge that the privacy policies of Company do not extend to information collected by third parties while you are on a third party web site. You agree that you are responsible for reviewing and consenting to any third party privacy policies before disclosing personal information to such third party. You agree that Company and the other licensors contemplated by this agreement may use or implement session cookies or persistent cookies to help you successfully complete the installation process. Session cookies are used only during the installation process and may override certain of your Internet browser settings. The session cookies are removed upon completion of the registration and installation process. A session cookie for purposes of this agreement is generally defined as a cookie with a small piece of text that is sent to your browser when you access a web site or server. The session cookie will be stored temporarily in your computer's RAM (random access memory). It is cancelled when you close your browser and the session is ended. The session cookie may be written to the temporary folders or cached on your computer, but will not permanently overwrite the browser or control settings on your computer. A persistent cookie for purposes of this agreement is generally a cookie with a small piece of text that is sent to your browser when you access a web site or server and is stored on your computer's disk.

In exchange for receiving the benefits provided by the Software, you hereby grant Company permission to utilize the disk space and bandwidth of your computer. Due to the ever-changing nature of media players, browsers, and other software distributed on the Internet, Company has included an auto update feature to ensure that you have the most recently released version of the Software. You consent to such automatic updates and installations of new Company properties and agree that these TOS will apply to all such updates. Unless explicitly stated otherwise, any new features that augments or enhances the current Software, including the release of new Company properties, shall be subject to the terms of the License herein.

2. HOW IT WORKS
BY PARTICIPATING IN THE COMPANY FREE TRIAL OFFER YOU RECEIVE THE SOFTWARE WHICH WILL ENABLE YOU TO ACCESS THE AVAILABLE CONTENT FOR THE PERIOD OF TIME SPECIFIED ON THE ADVERTISMENT YOU HAVE CLICKED THROUGH. IF YOU DO NOT EITHER CANCEL OR PROVIDE PAYMENT INFORMATION DURING THE TRIAL PERIOD OUR BILLING SOFTWARE WILL BE ENABLED UPON THE EXPIRATION OF YOUR TRIAL PERIOD. THE BILLING SOFTWARE WILL RUN ON YOUR COMPUTER, DISPLAYING POP-UP WINDOW REMINDERS THAT CONTAIN AN APPROXIMATELY FORTY SECOND AUDIBLE VIDEO AND PROVIDE YOU WITH VARIOUS METHODS OF PAYMENT FOR THE ANNUAL LICENSE. THESE POP-UP WINDOWS WILL APPEAR NO MORE THAN ONCE PER HOUR, A MAXIMUM OF FIVE TIMES PER DAY UNTIL YOU CHOOSE ONE OF THE PAYMENT OPTIONS AND PAY FOR THE LICENSE. THE BILLING SOFTWARE IS SOLELY DESIGNED TO PREVENT FRAUDULENT AND UNAUTHORIZED USE OF THE SOFTWARE. IF YOU FAIL TO PAY OR CANCEL DURING THE TRIAL PERIOD, YOU HAVE AGREED TO PURCHASE AN ANNUAL LICENSE TO THE SOFTWARE AT THE PRICE LISTED IN THE ADVERTISEMENT YOU CLICKED THROUGH TO INITIATE INSTALLATION.

DURING THE TRIAL PERIOD YOU MAY CANCEL BY VISITING THE COMPANY HOMEPAGE AND CLICKING THROUGH THE CANCELLATION LINKS. AFTER THE TRIAL PERIOD, YOU MUST CONTACT CUSTOMER SERVICE (CONTACT INFORMATION IS ON THE COMPANY HOMEPAGE) TO CANCEL AND PAY YOUR OUTSTANDING BALANCE, IF ANY.

3. TECHNICAL SPECIFICATIONS
ONCE THE SOFTWARE IS INSTALLED ON YOUR COMPUTER IT WILL CREATE AUTO START FEATURES WITHIN YOUR OPERATING SYSTEM THAT WILL RUN PROCESSES ON YOUR SYSTEM. THESE PROCESSES AND ALL COMPONENTS OF THE SOFTWARE CAN BE COMPLETELY REMOVED SHOULD YOU ELECT TO CANCEL YOUR TRIAL WITHIN THE SPECIFIED TRIAL PERIOD. IF YOU DO NOT CANCEL WITHIN THE SPECIFIED TRIAL PERIOD OUR SOFTWARE-LICENSE MANAGEMENT UTILITY WILL STAY ON YOUR COMPUTER AND WILL CONTINUE TO LAUNCH ON START UP OF YOUR COMPUTER UNTIL YOU SATISFY THE OBLIGATIONS AGREED TO WHEN YOU AUTHORIZED INSTALLATION OF OUR SOFTWARE.

4. DESCRIPTION OF SERVICE
Company provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the Service). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Company to provide the Service. You agree to receive emails from Company, such as service announcements, and administrative messages, and that these communications are considered part of the software and Company membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Software and Company properties, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that Company assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that certain areas on the Service contain adult or mature content. You must be at least 18 years of age (or the age of majority in your state, if different) to access and view such areas. Parental controls are available for use at your discretion.

5. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's age verification form (such information being the Registration Data); (b) timely make all payments due to Company; and (c) maintain and promptly update the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, and Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof). Company is concerned about the safety and privacy of all its users, particularly children. For this reason, nobody under the legal age of majority is permitted to contract for to the Service or Software and by accepting the Software you are certifying that you will not permit anyone under the age of majority in your state to access the Service or Software without your knowledge and consent. When you download the software and/or use the Service, you certify that you are at least the age of majority in your state and that you are the legal guardian of the children who have access to your computer. You are solely responsible for controlling access to your computer system and the Internet via your computer system. Access may be controlled through a variety of security measures including password protections and parental controls. Please contact your system manufacturer for more information on access controls.

6.COMPANY PRIVACY POLICIES
Registration Data and certain other information about you is subject to our Privacy Policy which is can be viewed by clicking on the Privacy link at the base of every Company Webpage. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Company and its affiliates. You acknowledge and understand that certain materials and files provided to you may violate your local laws and regulations; therefore, you must determine if your local laws and regulations will permit access to certain materials and files

7. MEMBER CONDUCT
You agree to not use the Service to:

-harm minors in any way;

-interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

-intentionally or unintentionally violate any applicable local, state, national or international law; You further understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Company and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. INDEMNITY
You agree to indemnify and hold Company, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE OR SOFTWARE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or Software.

11. MODIFICATIONS TO SERVICE
Company offers a variety of services and Company retains the right at its discretion to make changes to the Services, including its fees and billing methods and the amount of time a user may access the Services for free or for a specified fee, or to discontinue some or all of the Services. Company retains the right to change, suspend or terminate your use of the Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. Notice may be limited to posting changes on the Company homepage.

12. CHARGES AND BILLING
By using the Company Services and/or installing the Software, you agree to accept the fees you may incur as a result of using Company Services, including but not limited to, fees for supplemental services or features and purchases made through the use of Company Services. Subject to any applicable law, fees and charges for Company Services are non-refundable unless the pricing terms for the applicable Company Service expressly says otherwise. You will be notified of any applicable fees before you start incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees. Company reserves the right to change its fees or billing methods at any time and Company will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope of Company Services. If you do not like these changes to the fees, billing methods, or changes to the Rules or the Company Services, because they adversely impact you, you may terminate the applicable Company Services on or after the date such changes go into effect, and as your sole and exclusive remedy, you will be entitled to a pro-rata refund for amounts prepaid to cover future periods of the terminated Company Service(s) from the date of termination.

You must provide a valid method of payment (i.e. credit card, checking account, telephone billing, etc.) prior to and during any times you receive most billable Company Services and pricing plans. You expressly authorize Company (or third parties acting on behalf of Company) to charge all Company subscription fees and other charges, including payment transaction fees for certain payment methods, to the payment method you have designated. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method, contact our customer service department at the link on Company's homepage or call the number that appears in the description of the charge on your credit card statement. Some fees that you may incur using the Company Services may accumulate on your Company account before they are charged to your designated payment method. Company will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due. You will be liable for any fees Company incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to Company's attention by you within 90 days from the date you are billed. If you do not bring them to Company's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with Company. Company may suspend or terminate your use of the Company Services if you fail to provide a valid designated payment method upon request or if Company is unable for any reason to bill charges to your designated payment method.

You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.

YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY COMPANY AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO COMPANY'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE COMPANY SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER. BY ACCEPTING THE ACCESS NUMBERS DURING THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING OUR SERVICES AND COMPANY WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING LONG DISTANCE OR TOLL CHARGES.

You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the Company Site.

13. TERMINATION
You agree that Company may, under certain circumstances and without prior notice, immediately terminate your Company account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements, or law; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, or (f) nonpayment of any fees owed by you in connection with the Services. Termination of your Company account includes (a) removal of access to all offerings within the Service; (b) deletion of your password and all related information, files and content associated with or inside your account; and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to you or any third-party for any termination of your account or access to the Service.

14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. LINKS
The Service may provide, or third parties may provide, links to other Websites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. COMPANY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and all related software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.

17. SOFTWARE CONFLICTS
Conflicts may occur with other software applications that may already be installed on your computer. The software may report back to our servers what applications may be running on your system and will resolve these conflicts whenever possible. This will make our software more reliable and provide you with products and services that are compatible with your current system settings.

18. ADVERTISEMENTS
Company reserves the right to run advertisements and promotions via its Website and via the Software. By accepting the terms of this License, you agree that Company has the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising are subject to change and shall be determined in our sole discretion. Your business dealings with, or participation in promotions of advertisers found on or through Company' Website or the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or on the Application.

19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

23. NOTICE
Company may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.

24. TRADEMARK INFORMATION
Company logos, are trademarks and service marks and other Company logos and product and service names are trademarks of Company (Company Marks). You agree not to display or use in any manner, Company Marks, without Company's prior written permission.

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent the following information:

-an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

-a description of the copyrighted work or other intellectual property that you claim has been infringed;

-a description of where the material that you claim is infringing is located on the site;

-your address, telephone number, and email address;

-a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

-a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Company's Agent for Notice of claims of copyright or other intellectual property infringement is available at:

DMCA Agent
Downtown Data Center
1200 West 7th St. Suite L1-100
Los Angeles CA 90017

26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Company and governs your use of the Service, superseding any prior agreements between you and and Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum. Any disputes between the Parties arising out of or relating to this Agreement, or the performance or breach thereof, shall be determined as follows: within seven (7) days of either Party notifying the other of a dispute, which the Parties have been unable to reconcile, a meeting will be held between agents of both Parties in an attempt to reach an amicable conclusion of the dispute in Chatsworth, California at a location designated by Company's agents (or by telephone if so designated by Company, in Company's sole discretion). Should the parties be unable or unwilling to reach an amicable and mutually agreed conclusion to the dispute then either Party may resort to binding arbitration conducted in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-6, not state law, will cover the arbitrability of disputes. This agreement will otherwise be governed by the substantive laws of the state of California (without respect of its conflict or choice of law provisions) The costs of arbitration, including arbitor's fees, shall be shared equally by the parties; provided, however, that each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The venue for arbitration will be Chatsworth, California. A single arbitrator engaged in the practice of law, who is knowledgeable about the subject matter of this Agreement, will conduct the arbitration. The arbitrator shall be selected by JAMS. The arbitrator is bound to apply and enforce the terms of this Agreement. The arbitrator's decision will be final, binding and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this Section (including nonpayment of an award), then the non-complying party must reimburse all costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees).

BY ENTERING THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO JUDICIAL DISCOVERY, TRIAL ON THE MERITS, BY EITHER JUDGE OR JURY, OR TRIAL DE NOVO AND THE RIGHT TO APPEAL.

Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Company account is non-transferable and any rights terminate upon your death.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

U.S. Government Restricted Rights Legend. The Software and any documentation provided are commercial in nature and have been developed exclusively at private expense. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7103 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights section at 48 C.F.R. 52.227-19, and any other successor regulations, as applicable.

27. VIOLATIONS
Please report any violations of the TOS to our Customer Care group by clicking on our Customer Service link at the base of any Company Webpage.