Terms of Service

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

USER AGREEMENT

The following are terms of a legal agreement (the "Agreement") between you and eDirectree, Inc. ("eDirectree", "we", or "us") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by eDirectree, Inc., a Delaware corporation. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

LIMITATIONS OF USE

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by eDirectree, Inc. or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of eDirectree, Inc. You acknowledge that the content is and shall remain the property of eDirectree, Inc. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without eDirectree, Inc.'s prior written approval. You also may not, without eDirectree, Inc's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the content and site only for lawful purposes. You are prohibited from any use of the content or site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty or that could give rise to any civil or criminal liability. Any unauthorized use of the site, including but not limited to unauthorized entry into eDirectree, Inc.'s systems, misuse of passwords or misuse of any information posted on the site is strictly prohibited. eDirectree, Inc. makes no claims concerning whether the content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by eDirectree, Inc.

PATENT INFORMATION

Technologies and processes embodied in and used by this site are covered by more than 3 eDirectree U.S., PCT and foreign patents and/or by other patents pending. Any inventive embodiments employed in this site, including, but not limited to a group and group creation by tagging an image is strictly protected by eDirectree patents including patents assigned, issued and pending. Any suspected and actual infringement of eDirectree, Inc.'s intellectual property rights shall be aggressively pursued and acted upon through pre-litigation licensing negotiations, and through litigation in federal and state courts by retained legal counsel for eDirectree, Inc.

TRADEMARKS

eDirectree (including the eDirectree logo), eDirectree.com all related logos (collectively the "eDirectree Trademarks") are trademarks or service marks of eDirectree, Inc. Other company, product, and service names and logos used and displayed on this site may be trademarks or service marks owned by eDirectree, Inc. or others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the eDirectree trademarks displayed on this site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the site unless in accordance with written authorization by us. We prohibit use of any of the eDirectree trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. A ny questions concerning any eDirectree Trademarks or whether any mark or logo is a eDirectree Trademark, should be referred to eDirectree, Inc.

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned and operated by third parties (the "third-party sites"). eDirectree, Inc. cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by eDirectree, Inc. of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of eDirectree, Inc. and the third-party site may provide less security than this site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and eDirectree, Inc. shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

DISCLAIMER OF WARRANTIES

NONE OF EDIRECTREE, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "EDIRECTREE PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND EDIRECTREE, INC. DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. EDIRECTREE PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

EDIRECTREE, INC. MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND EDIRECTREE PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. EDIRECTREE, INC. RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL EDIRECTREE PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EDIRECTREE PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. EDIRECTREE, INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT EDIRECTREE PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless eDirectree Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the eDirectree Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. eDirectree Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of eDirectree. You further agree to indemnify and hold harmless eDirectree Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE

eDirectree has no obligation to monitor the Site; however, you acknowledge and agree that eDirectree has the right to monitor the site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the site, or to protect itself or other users of the site.

SUBMISSIONS TO THE SITE

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to eDirectree through this Site (collectively, "Submissions") will be deemed and remain the property of eDirectree, Inc. and eDirectree, Inc. is entitled to use any submission for any purpose, without restriction or compensation to the individual who has provided the submission. eDirectree, Inc. shall not be subject to any obligations of confidentiality regarding submissions except as expressly agreed by eDirectree, Inc. or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting eDirectree's responsibilities and obligations under its Privacy Policy.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

eDirectree's practices and policies with respect to the collection and use of personally identifiable information are governed by eDirectree's Privacy Policy.

AVAILABILITY

This site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and content no distribution or solicitation is made by eDirectree, Inc. to any person to use the site or content in jurisdictions where the provision of the site and/or content is prohibited by law.

TERMINATION

This Agreement is effective until terminated by eDirectree, Inc. eDirectree, Inc. may terminate this Agreement at any time without notice or suspend or terminate your access and use of the site at any time, with or without cause, in eDirectree's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions and any other provision that by its terms survives termination of your use or access to the site.

WAIVER

Failure by eDirectree, Inc. to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify eDirectree, Inc. in writing of any claim or dispute concerning or relating to the site and the information or services provided through it, and give eDirectree, Inc. a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against eDirectree, Inc.

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with eDirectree, Inc.

ADDITIONAL TERMS

Certain sections or pages on the site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS

This Agreement supersedes any previous Terms of Use Agreement to which you and eDirectree, Inc. may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the site infringe your copyrights, notifications of claimed copyright infringement should be sent to eDirectree's designated agent. Notification should include:

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

- a description of the copyrighted work that you claim has been infringed;

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

- 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; and

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

eDirectree's agent for notification of claimed copyright infringement is: customer-service@edirectree.com.

CONTACTING US

If you have questions regarding the Agreement or the practices of eDirectree, please contact us by e-mail at customer-service@edirectree.com or if you are logged in at our messaging center or by regular mail at :


Terms of Service PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY. USER AGREEMENT The following are terms of a legal agreement (the "Agreement") between you and eDirectree, Inc. ("eDirectree", "we", or "us") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by eDirectree, Inc., a Delaware corporation. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain. We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability. LIMITATIONS OF USE The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by eDirectree, Inc. or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of eDirectree, Inc. You acknowledge that the content is and shall remain the property of eDirectree, Inc. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without eDirectree, Inc.'s prior written approval. You also may not, without eDirectree, Inc's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the content and site only for lawful purposes. You are prohibited from any use of the content or site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty or that could give rise to any civil or criminal liability. Any unauthorized use of the site, including but not limited to unauthorized entry into eDirectree, Inc.'s systems, misuse of passwords or misuse of any information posted on the site is strictly prohibited. eDirectree, Inc. makes no claims concerning whether the content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by eDirectree, Inc. PATENT INFORMATION Technologies and processes embodied in and used by this site are covered by more than 3 eDirectree U.S., PCT and foreign patents and/or by other patents pending. Any inventive embodiments employed in this site, including, but not limited to a group and group creation by tagging an image is strictly protected by eDirectree patents including patents assigned, issued and pending. Any suspected and actual infringement of eDirectree, Inc.'s intellectual property rights shall be aggressively pursued and acted upon through pre-litigation licensing negotiations, and through litigation in federal and state courts by retained legal counsel for eDirectree, Inc. TRADEMARKS eDirectree (including the eDirectree logo), eDirectree.com all related logos (collectively the "eDirectree Trademarks") are trademarks or service marks of eDirectree, Inc. Other company, product, and service names and logos used and displayed on this site may be trademarks or service marks owned by eDirectree, Inc. or others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the eDirectree trademarks displayed on this site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the site unless in accordance with written authorization by us. We prohibit use of any of the eDirectree trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. A ny questions concerning any eDirectree Trademarks or whether any mark or logo is a eDirectree Trademark, should be referred to eDirectree, Inc. LINKS TO THIRD-PARTY SITES This site may contain links to web sites controlled, owned and operated by third parties (the "third-party sites"). eDirectree, Inc. cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by eDirectree, Inc. of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of eDirectree, Inc. and the third-party site may provide less security than this site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and eDirectree, Inc. shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise. DISCLAIMER OF WARRANTIES NONE OF EDIRECTREE, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "EDIRECTREE PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND EDIRECTREE, INC. DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. EDIRECTREE PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. EDIRECTREE, INC. MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND EDIRECTREE PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. EDIRECTREE, INC. RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL EDIRECTREE PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EDIRECTREE PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. EDIRECTREE, INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT EDIRECTREE PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. INDEMNIFICATION You agree to indemnify and hold harmless eDirectree Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the eDirectree Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. eDirectree Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of eDirectree. You further agree to indemnify and hold harmless eDirectree Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site. MONITORING OF THE SITE eDirectree has no obligation to monitor the Site; however, you acknowledge and agree that eDirectree has the right to monitor the site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the site, or to protect itself or other users of the site. SUBMISSIONS TO THE SITE All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to eDirectree through this Site (collectively, "Submissions") will be deemed and remain the property of eDirectree, Inc. and eDirectree, Inc. is entitled to use any submission for any purpose, without restriction or compensation to the individual who has provided the submission. eDirectree, Inc. shall not be subject to any obligations of confidentiality regarding submissions except as expressly agreed by eDirectree, Inc. or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting eDirectree's responsibilities and obligations under its Privacy Policy. USE OF PERSONALLY IDENTIFIABLE INFORMATION eDirectree's practices and policies with respect to the collection and use of personally identifiable information are governed by eDirectree's Privacy Policy. AVAILABILITY This site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and content no distribution or solicitation is made by eDirectree, Inc. to any person to use the site or content in jurisdictions where the provision of the site and/or content is prohibited by law. TERMINATION This Agreement is effective until terminated by eDirectree, Inc. eDirectree, Inc. may terminate this Agreement at any time without notice or suspend or terminate your access and use of the site at any time, with or without cause, in eDirectree's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions and any other provision that by its terms survives termination of your use or access to the site. WAIVER Failure by eDirectree, Inc. to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. APPLICABLE LAW AND DISPUTE RESOLUTION This Agreement and all other aspects of your use of the site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify eDirectree, Inc. in writing of any claim or dispute concerning or relating to the site and the information or services provided through it, and give eDirectree, Inc. a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against eDirectree, Inc. OTHER AGREEMENTS This Agreement shall be subject to any other agreements you have entered into with eDirectree, Inc. ADDITIONAL TERMS Certain sections or pages on the site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. GENERAL PROVISIONS This Agreement supersedes any previous Terms of Use Agreement to which you and eDirectree, Inc. may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. COPYRIGHT COMPLAINTS If you believe, in good faith, that any materials on the site infringe your copyrights, notifications of claimed copyright infringement should be sent to eDirectree's designated agent. Notification should include: - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - a description of the copyrighted work that you claim has been infringed; - a description of where the material you claim is infringing is located on the Site; - 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; and - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. eDirectree's agent for notification of claimed copyright infringement is: customer-service@edirectree.com. CONTACTING US If you have questions regarding the Agreement or the practices of eDirectree, please contact us by e-mail at customer-service@edirectree.com or if you are logged in at our messaging center or by regular mail at :

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