ENERGIZE THE EXPERIENCE:: > :: TERMS::

Welcome to the Energize The Experience Website. Energize The Experience provides access to this Website to the public as a convenience, but subject to the following terms of use. By accessing, viewing, using or downloading materials from this Website, you agree to be bound by these terms and conditions, if you do not agree with these terms of use do not use this website.

Copyright Information. Copyright ©2007 Energize The Experience, Inc. All rights reserved.

Use of Materials. Unless otherwise specified, you may view and download the materials at this Website only for your personal, informational, and noncommercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose.

Use of Downloadable Software. Any software that may be downloaded from this Website is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, Energize The Experience, Inc., and its licensors reserve all intellectual property rights, title and interest in such software.

Partner and other Third Party Descriptions. This website contains information concerning various third parties (often referred to as "partners") who offer products or services through Energize The Experience, Inc.'s solutions and services. This information is provided for your convenience only. Energize The Experience, Inc. is not responsible for and does not warrant any third party product or service or the accuracy of any description.

Trademark Information. All company and product names are trademarks or registered trademarks of their respective owners.

Links to Other Websites. Energize The Experience, Inc. provides certain links to other websites as a convenience to you. Energize The Experience, Inc. does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. Energize The Experience, Inc. is not responsible for the content of any site that may be linked to the Energize The Experience Website.

Changes to these Terms of Use. Energize The Experience, Inc. may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions.

Disclaimer of Warranty. Information on this Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. Energize The Experience, Inc. may make changes and/or improvements in the products and/or programs described in this Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ENERGIZE THE EXPERIENCE, INC., ALL MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

IN NO EVENT SHALL ENERGIZE THE EXPERIENCE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ENERGIZE THE EXPERIENCE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Submissions/ Access to Newsgroups. With the exception of personally identifiable information discussed in the Energize The Experience, Inc. Privacy Policy, any material, information, emails or other communication you transmit or post to Energize The Experience, Inc. or to this Website ("Communications") will be considered non-confidential and non-proprietary. Energize The Experience, Inc. will have no obligations with respect to such Communications, other than as provided in Energize The Experience, Inc.'s Privacy Policy. Energize The Experience, Inc. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, tests and other things embodied therein for any and all commercial and non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties.

Energize The Experience, Inc. may, but is not obligated to, monitor or review any areas on this Website where users transmit or post Communications. Energize The Experience, Inc. will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.

Export control. By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to, or to a national or resident of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of March 2003 but is subject to change), (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists, or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export Energize The Experience, Inc. products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government.

Applicable Laws. This Website is controlled by Energize The Experience, Inc. from its offices in San Diego, California. Energize The Experience, Inc. makes no representation that materials at this Website are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of California, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods.

Any dispute arising out of or in connection with the use or access or otherwise related to this website shall be finally settled by a competent court of San Diego, California.