DUI-Antidote^® Software License and Program Services Agreement

 IMPORTANT INFORMATION - PLEASE READ CAREFULLY

 This End-User License Agreement (the "Agreement") is a legally binding contract between Square Circle Media, LLC, a Nevada limited liability company ("SCM"), and you. This Agreement governs your use of software, the DUI program, and all of its contents and accompanying documentation as each and every one may be updated from time to time (the "Software") and any other related SCM program services that you select, pay for or use in connection with the Software (collectively, “Services”). Services (e.g. the Ask a DUI Attorney^SM Service described in Section 7 below) may be provided by certain SCM Affiliates (as defined below), and additional terms and conditions may apply to some Services. If so, they will be provided to you at the time you elect to use the Service. Be sure that you carefully read and fully understand this Agreement. For purposes of this Agreement, “Affiliates” shall mean any persons or entities that (directly or indirectly) control, are controlled by or are under common control with SCM.

1.   License and Permitted Use. The Software is licensed, not sold. Subject to the terms and conditions of this Agreement, SCM grants to you a limited, non-exclusive, personal, non-transferable right to install, use and access the Software. You understand that use of the Software License is expressly conditioned on the following: (1) that you only use the Software in the manner permitted by this Agreement and in accordance with the type of Software license that you obtained and for which you have paid all applicable fees; and (2) that you only use the Software in connection with your OWN educational purposes; and (3) YOU SPECIFICALLY AGREE AND ACKNOWLEDGE UNDER PENALTY OF LAW THAT YOU ARE NOT A MEMBER OF ANY LAW ENFORCEMENT, INVESTIGATIVE OR OTHER SUCH AGENCY, THAT YOU ARE NOT ACTING AS AN INDEPENDENT AGENT OR EMPLOYEE OF ANY LAW ENFORCEMENT OR INVESTIGATIVE TYPE AGENCY (including by way of example and NOT of limitation:  any local, municipal, county, state or federal government agency, bureau, department, etc.) and that NO MEMBER OF YOUR FAMILY OR IMMEDIATE HOUSEHOLD IS OR HAS ANY AFFILIATION TO THE AFOREMENTIONED.  (4.) At no time shall you have the Software installed on more than one (1) computer..

2.   License Upgrades. You must first acquire a valid License to the Software to receive and use any Software upgrades. After you acquire and install any Software upgrade, you may only use the upgraded version of the Software and shall no longer use the prior version of the Software other than for backup or archival purposes if you need to reinstall the Software. You understand and agree that SCM’s representations, warranties, guarantees and obligations under this Agreement shall not apply unless you use the most currently available version of the Software at the time you prepare and file your tax returns.

3.   License Restrictions. You may not directly or indirectly: (1) re-distribute, sell, rent, loan, or otherwise transfer the Software or any intellectual property rights contained within the Software or Program to any other person or entity; (2) use the Software in any manner other than its intended manner or for the benefit of any third parties, including by making the Software or its contents available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, social media websites, news organizations, or to perform services for third parties where the Software enables, facilitates or comprises part of such service(s), or by using or accessing the Software to be utilized for any NON-LICENSED PARTY for any other person or any other entity, and you agree to indemnify, defend and hold harmless SCM and its Affiliates against any losses, liabilities, claims, settlements, costs or expenses, including reasonable attorneys’ fees and enforcement costs, arising out of or relating to any such use or access; (3) duplicate the Software by any means, including electronically; (4) remove any proprietary notice, labels or marks on or in Software; (5) derive or attempt to derive any source code for the Software; or (6) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You are responsible for all use of the Software and for compliance with this Agreement and any breach by you or any user of the Software provided to you shall be your responsibility. SCM reserves all rights not expressly granted to you.

4.   Intellectual Property Rights. The Software is protected by U.S. copyright law and international treaty provisions. Title to the Software and all associated intellectual property rights are owned and shall be retained exclusively by SCM, its Affiliates and/or its licensors as applicable. Through your use of the Software, you acquire no ownership interest in the Software or Program or any derivative work or component thereof. No right, title or interest in or to any trademark, service mark, logo or trade name of SCM, its Affiliates or its licensors is granted to you under this Agreement. Unless and to the extent that applicable laws may require otherwise, you may not decompile, disassemble, modify or reverse engineer the Software, or seek to derive the source code from any executable object code provided to you, or modify, translate, or otherwise create derivative works based on the Software or any part thereof. SCM, its Affiliates and/or its licensors are the exclusive owners of the copyright for the Software and SCM reserves all rights related to such ownership, including the exclusive right to make derivative works of the Software and to duplicate, distribute, license and sell the Software. You acknowledge and agree that the Software, any enhancements, corrections, upgrades or modifications to the Software (regardless of whether made by SCM, its Affiliates, its licensors, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections, upgrades or modifications) are and shall remain the exclusive property of SCM, its Affiliates and/or its licensors as applicable.

5.   Privacy. Your use of the Software and Services is subject to SCM’s privacy notice made available to you upon written request (“Privacy Notice”). We reserve the right to change the Privacy Notice and any of the policies described in the Privacy Notice at any time, consistent with applicable law. If we make a material change to the Privacy Notice, we will notify you by using one of the following methods: (1) we will post a notice on our web site describing the change; or (2) we will hand deliver or send you regular or electronic mail notifying you of the change. Through your use of the Software or any Services, you may be required or requested to supply certain information, including your name, address, electronic mail (“e-mail”) address and other information used. SCM will retain an electronic copy of your information, including email, ISP details and status, to the extent required or permitted by law.

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7.   Ask a DUI Antidote Advisor Service. The Ask a DUI Antidote Advisor^SM service (“DUI AA”) allows you to select from one or more legal advisors to submit a related question and receive responses from SCM, its Affiliates or an SCM legal professional (each are referred to in this Section 7 as an “DUI Antidote Advisor”) through the SCM designated website, telephone or e-mail. The term “Service” as used in this Agreement includes the DUIAA Service. Depending on which SCM service you select, additional charges may apply for the DUIAA Service. In some cases, your question or request (the "DUIAA Request") may be answered within 24-48 hours by an DUIAA Provider or, depending on the nature of your DUIAA Request, a response will be researched and provided to you at a later time. In cases where your DUIAA Request is not answered within 24-48 hours, SCM agrees to use commercially reasonable efforts to provide the DUIAA Service in a timely manner, provided that you cooperate with the DUIAA Provider as necessary to provide the information requested and that you review information provided or prepared by the DUIAA Provider in a timely manner and reasonably in advance of any applicable tax filing deadlines. You are solely responsible for any telephone, dDUIAA or other communications charges associated with your use of the DUIAA Service. The DUIAA Provider reserves the right to terminate your access to the DUIAA Service for any or no reason. Response times to your DUIAA Request may vary during times of increased volume of inquiries, as a result of technical problems with DUIAA Provider systems, where you present questions of unusual complexity or detail and where you have not provided all the necessary information to adequately answer a question. For these or other reasons, the DUIAA Provider may not be able to answer a particular DUIAA Request in a timely manner or at all. Depending on the complexity or nature of an DUIAA Request, the DUIAA Provider reserves the right to refuse any such DUIAA Request and refund to you any fee paid by you for the DUIAA Service. The DUIAA Provider is not providing to you, and the DUIAA Service, is not and shall not be deemed nor construed to be legal advice, financial advice, tax preparation services, or investment recommendations. It is recommended that you consult with your own legal, financial and/or investment advisors, where appropriate. The response by the DUIAA Provider to your DUIAA Request may not be a direct or complete answer, but may consist of a reference to applicable IRS regulations which the DUIAA Provider believes are appropriate under the circumstances and in consideration of the information that you have provided. In such case, it is your responsibility to interpret such regulations and their applicability to your particular situation. The DUIAA Service is limited to U.S. tax issues and to customers who are eighteen (18) years of age or older. Additionally, the DUIAA Service does not include solutions to payroll tax questions or questions about the tax law applicable to estates, trusts, corporations, partnerships, gifts and tax exempt organizations. The DUIAA Service is for your own personal, non-commercial use only. You may not use the information provided in connection with the DUIAA Service for any purpose except for the preparation of your own personal, individual tax return. You have sole responsibility and liability for reviewing your federal and state tax returns for accuracy and completeness, and for otherwise verifying results derived from using the DUIAA Service prior to filing your tax returns.

8.   Disclaimer of Warranties. OTHER THAN THOSE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, SCM AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR ANY SERVICES. WITHOUT LIMITING THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR LICENSE AND USE OF THE SOFTWARE AND ANY SERVICES. SCM AND ITS AFFILIATES DO NOT WARRANT OR PROMISE THAT THE SOFTWARE OR ANY SERVICES WILL IDENTIFY THE APPROPRIATE DOCUMENTS FOR YOUR NEEDS OR THAT THE SOFTWARE IS FREE FROM BUGS OR ERRORS; NOR DOES SCM OR ITS aFFILIATES MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SOFTWARE OR ANY SERVICES OR THEIR ABILITY TO MEET YOUR REQUIREMENTS. WHILE SCM AND ITS AFFILIATES ARE PROVIDING THE SOFTWARE AND SERVICES AS A GENERAL TOOL TO ASSIST YOU IN PREPARING AND/OR FILING YOUR TAX RETURNS, THE SOFTWARE AND SERVICES DO NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SOFTWARE AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR CORRECTLY INPUTTING YOUR INFORMATION INTO THE SOFTWARE AND FOR VERIFYING ALL OUTPUTS RESULTING FROM YOUR USE OF THE SOFTWARE AND ANY SERVICES. SCM AND ITS AFFILIATES DO NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE SOFTWARE OR ANY SERVICES.

SOME STATES MAY NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND, IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE YOU FIRST ACQUIRED THE SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9.   Limitations on Liability and Damages. EXCEPT AS EXPRESSLY PERMITTED BY SECTION 10, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF SCM, AND ITS LICENSORS AND AFFILIATES WITH RESPECT TO YOUR USE OF THE SOFTWARE AND/OR ANY SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SCM FOR THE SOFTWARE LICENSE AND ANY FEES FOR ANY SERVICES. IN NO EVENT WILL SCM OR ITS LICENSORS OR AFFILIATES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR ANY TAX LIABILITIES OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DDUIAA, LOST PROFITS OR BUSINESS, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF SCM OR ITS LICENSORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that SCM and its licensors and Affiliates will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may have as a result of: (1) your use of, or inability to use, the Software or any Services; (2) your use of any documents generated by the Software or any Services; (3) your retention of, or your failure to consult or retain, an attorney with respect to any contract, document or legal matter; (4) connection or toll charges for using the Software or any Services or obtaining updates for the Software or any Services; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Software or any Services.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that the essential purposes of this Agreement can be fulfilled even with these limitations on liabilities. You acknowledge that SCM would not be able to offer the Software on an economical basis without these limitations.

10. Consent to Electronic Communications.  You consent to SCM providing you in electronic form any information or notices that SCM may be required by law to send to you or that may pertain to the Software or any Services or use of information you may submit in connection with the Software or any Services (collectively “Information”). SCM may provide Information to you: (1) via e-mail at the e-mail address you designated to SCM (if any); (2) by access to the SCM website that will generally be designated in advance for such purpose or designated in an e-mail notice to you; or (3) in the course of your use of the Software or any Services including, without limitation, via a screen or page within the Software or via a link from within the Software to a web page containing the Information. In order to use the Software and receive Information electronically as described above, your computer (and its connectivity) must meet or exceed the following system requirements: computer, monitor, internet access, browser compatible Windows Internet Explorer 6.0 or higher, or Macintosh Safari 3.0 or higher, an e-mail address, and the ability to print or download communications.

You may request a paper copy of legally required Information received pursuant to the foregoing consent to electronic communications. SCM must receive your paper copy request within one hundred twenty (120) days from the date that SCM first provided the Information to you. A fifteen dollar ($15) charge will apply to each paper copy of Information requested by you. To request a paper copy of Information, send your request to Square Circle Media LLC, Attn: NDRA Research Team, P.O. Box 100, Carson City, Nevada 89702.

If your e-mail address changes or if you want to withdraw your consent to receive Information electronically, you must notify SCM in writing at the following address: Square Circle Media LLC, ATTN: NDRA Research Team, P.O. Box 100, Carson City, Nevada 89702.

Please provide your physical address and e-mail address to request the change. If you fail to notify SCM of a change in e-mail address, you understand and agree that any communications sent via e-mail shall nevertheless be deemed to have been provided or made available to you in electronic form. If you choose to withdraw your consent to receive Information electronically, then you may be unable to access certain features or functionality that would otherwise be made available to you, or we may terminate your License to use the Software. Some notices may be “one-time” notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.

11. Security. You agree to take reasonable security precautions to protect any passwords and user IDs associated with your use of the Software. These precautions shall be at least as great as the precautions that you take to protect your own computer equipment and software, but in no event less reasonable and prudent care. You will notify SCM immediately of any unauthorized use of your user ID/name, your password or the Software or any other security breach of which you are aware. It is your sole responsibility to keep your account number, ID/user name, password and other sensitive information confidential. You understand and agree that you are solely responsible for all computer password, DUIAA, file and network security, including but not limited to, an active firewall on your computer and/or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Software.

11. Arbitration Provision. If a dispute arises between you and SCM (or its Affiliates), the dispute shall be settled through binding individual arbitration unless you opt-out of this arbitration provision using the process explained in bold type below. This alternative to traditional lawsuits may cost you only $100 to have your dispute with SCM or its Affiliates decided by a third party. This third party, known as the Arbitrator, is empowered to resolve the dispute with the same set of remedies available in court including compensatory, statutory, and punitive damages, injunctive and other equitable relief, and attorneys’ fees and costs. However, you agree to waive your rights to sue SCM and its Affiliates in court before a judge and jury, and to waive any right to participate in any “class action” lawsuit regarding any issue that could otherwise be settled by arbitration. In addition, you specifically agree to waive any right to “class action” arbitration. As used in this arbitration provision, “SCM” and its “Affiliates” shall also include the officers, directors, members, agents, employees and franchisees of the respective SCM companies. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision; except that in the event that the waiver of class action rights is deemed invalid or unenforceable, any claim seeking relief on behalf of a class must be brought in a court of proper jurisdiction and not in arbitration.

How Arbitration Works. If you have a complaint against SCM or its Affiliates that you have been unable to solve by bringing it to the attention of SCM or its Affiliates, you may contact the American Arbitration Association (AAA) at 1633 Broadway, Floor 10, New York, NY 10019. AAA will appoint a neutral practicing attorney with more than ten years of relevant legal experience to hear your side and SCM and/or its Affiliates side of the issue, and make a decision that is binding on both you and SCM and/or its Affiliates.

The American Arbitration Association’s rules of arbitration are available by mail from AAA or on the Internet at www.adr.org <http://www.adr.org>.

Arbitration Costs. You will be asked to pay a $50 fee, and SCM or its Affiliates will pay all other filing, administrative, hearing and miscellaneous arbitration expenses up to $1,000. SCM and/or its Affiliates may consider paying arbitration costs that exceed $1,000 but only if you prevail in the claim you bring in  the arbitration.

 Other Arbitration Terms & Information. Your arbitration will take place in the federal judicial district where you live. The Arbitrator's award will be final and not subject to appeal except as permitted by the Federal Arbitration Act. Except as required by law, neither you nor SCM nor its Affiliates nor the Arbitrator may disclose the existence, content or results of your arbitration without prior written consent from the other two parties.

Note. Nothing in this Arbitration Provision shall prevent SCM from seeking or obtaining injunctive relief as a result of a violation or threatened violation of Sections 1 or 3 of this Agreement and any such injunctive action shall not constitute a waiver of the requirement of arbitration for any dispute.

 12. Indemnification. You agree to defend and hold harmless SCM, its Affiliates, and their respective current and former successors, assigns, officers, directors, representatives, employees and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys’ fees and expenses) resulting from or arising out of your breach of this Agreement.

13. Export Restrictions. The Software is provided solely for lawful, non-commercial purposes and use. You shall be solely responsible for, and you agree to comply with, all applicable laws, statutes, ordinances, and other rules of any applicable governmental authority, however designated. Without limiting the foregoing, you agree to comply with all U.S. export laws and applicable export laws of your locality (if you are not in the U.S.), and shall not export the Software or other materials provided by SCM without first obtaining all required authorizations or licenses. The Software, including the software documentation, is provided subject to SCM’s standard agreements; products acquired for use within or for any U.S. federal agency are provided with “LIMITED RIGHTS” and “RESTRICTED RIGHTS” as defined in DFARS 252.227-7013 and FAR 52.227-19.

You acknowledge that any and all software provided with the Software is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you must comply with all domestic and international export laws and regulations that apply to such software. These laws include restrictions on destinations, end-users and end-use. You expressly agree that you will not download, transfer, export or re-export this Software, directly or indirectly, to: (1) any countries (or citizens, nationals or residents of any countries) that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, Iraq, Sudan, Libya, North Korea and Syria); (2) any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end-user who you know or have reason to know will utilize the Software in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software may include technical dDUIAA subject to export and re-export restrictions imposed by U.S. law.

 You acknowledge that SCM specifically prohibits the downloading, possession, use or transmission of the Software by any citizen, national, or resident of, or under control of, the government of Cuba, Iran, Iraq, Sudan, Libya, North Korea, Syria or any other country to which the U.S. has prohibited export, any person or entity listed on the U.S. Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, or as listed on the U.S. Department of Commerce Table of Denial Orders.

 14. Termination. Without prejudice to any other rights, SCM may immediately terminate this Agreement if you do not abide by its terms and conditions, in which case you must destroy all copies of the Software and certify in writing to SCM your compliance with this Section 21.

15. Other.

(A) Governing Law; Forum. This Agreement shall be governed by the laws of Nevada, without regard to choice of law or conflicts of law provisions. Subject to and without limiting Section 18 of this Agreement, the parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, the Software or Services provided in connection therewith shall be brought in the courts located in Carson City, Nevada.

(B) Entire Agreement. This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof, and it supersedes all previous communications, representations or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of SCM or its Affiliates, which are not included in this Agreement, shall be binding on SCM or its Affiliates.

(C) Amendments. SCM may, in its sole discretion, change the terms of this Agreement or make changes related to any aspect of the Software. If this occurs, SCM will provide notice to you via any means SCM deems reasonable including, without limitation, e-mail, posting on an SCM website, or updates to the Software. Continued use of the Software after SCM provides any such notice shall constitute your acceptance of the changes and the Agreement (as amended). 

(D) Waiver. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of SCM. SCM’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

(E) Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.

(F) Notices. Except as otherwise indicated, any notices under this Agreement to SCM must be personally delivered or sent by certified or registered mail, return receipt requested or by U.S. Postal Service express mail, to: SCM Digital LLC, Attn: NDRA Research Team, P.O. Box 100, Carson City, Nevada 89702.or to such other address as SCM may specify in writing. Such notices will be effective upon receipt, which may be shown by confirmation of delivery.

(G) Miscellaneous. Any and all references in this Agreement to SCM and its Affiliates shall, where the context so permits, include SCM’s and its Affiliates’ respective directors, officers, employees, contractors and agents. All provisions of this Agreement which are intended to survive or which must survive in order to give effect to its meaning (including but not limited to, the provisions of Sections 1, 3, 4, 9, 14, 15, 16, 18, 19, 20 and 22) shall survive the termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.

(H) Third Party Beneficiaries; Assignment. This Agreement is solely between you and SCM. SCM’s respective licensors, suppliers and Affiliates shall be deemed to be third party beneficiaries of this Agreement solely to the extent necessary for them to enforce any protections afforded them by this Agreement. All rights and benefits of this Agreement from SCM are intended solely for the original licensee of the License for the Software. You may not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. SCM may assign this Agreement in its sole discretion and will use reasonable efforts to notify you of an assignment. The remedies and all other rights and benefits provided under this Agreement are personal to the original licensee purchasing this License to the Software from SCM or from its authorized reseller and such rights and benefits may not be assigned or otherwise transferred to any other party. This Agreement shall inure to the benefit of SCM and its successors and assigns.

 THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY ANY PARTY UNLESS YOU OPT-OUT AS DESCRIBED.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, RIGHTS AND REMEDIES  SET FORTH HEREIN.