The Literate Letter® - Terms of Service

The Literate Letter® Terms of Service
(Last Updated: April 2005)

TERMS APPLICABLE TO ALL OF THE LITERATE LETTER® AND MRS. FIX ME
The Literate Letter® Terms of Service are an agreement between The Literate Letter®, Mrs. Fix Me, (or, if applicable based on where you live, one of its affiliates) and you.

BY SUBSCRIBING TO A THE LITERATE LETTER® SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the The Literate Letter® services.

The Literate Letter® is made up of web sites and web pages of various products and services which are provided by The Literate Letter®, its affiliates or third party service providers. These web sites, web pages, products and services will be collectively referred to in these Terms of Service as "The Literate Letter®." "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your The Literate Letter® account. You must be at least eighteen (18) years of age to subscribe to and use any The Literate Letter® service or product.

The general provisions in Part I of these Terms of Service apply to The Literate Letter® network and to all of the products and services provided through the The Literate Letter® network. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular The Literate Letter® product(s) or service(s) described in each section of Part II. Each applicable The Literate Letter® web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The Literate Letter® network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout The Literate Letter® network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. The Literate Letter® reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use The Literate Letter® network after any such changes, Your continued use will constitute Your consent to such changes.

Any rights not expressly granted herein are reserved by The Literate Letter®. In addition Your registration information and other information about You is subject to our Privacy Statement. If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please send an email to tos@literateletter.com requesting a hard copy. You may also click on the link to "Terms of Service" or at the bottom of each page of The Literate Letter® network for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of Your browser and printer.

YOUR WARRANTIES
By subscribing to any service offered on The Literate Letter® site, You make the following representations and warranties. The Literate Letter® shall have the right to terminate Your The Literate Letter® account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

You and all users of The Literate Letter® network approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use The Literate Letter® service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d)if you are acting in a corporate capacity, to bind Your company;
You will not use The Literate Letter® network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your web site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and:
You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your web Site. By using the The Literate Letter® network, You agree that You will defend and indemnify The Literate Letter® and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

By using The Literate Letter® network, You agree that You will defend and indemnify The Literate Letter® and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE LITERATE LETTER® NETWORK
The Literate Letter® network is provided to assist You with the operation of Your business. Your right to use the The Literate Letter network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your web site and Your The Literate Letter® account. The Literate Letter® reserves the right, but is not obligated, to monitor or to review materials posted on Your web site and to monitor Your compliance with these Terms of Service and the Additional Terms. The Literate Letter® reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from The Literate Letter® network, except as expressly provided herein. You may not use a name in connection with operating Your The Literate Letter® web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in The Literate Letter®. You may not interfere with or disrupt The Literate Letter® network or servers or any network connected to The Literate Letter®.

You may not use The Literate Letter® or the products or services provided through or in connection with the The Literate Letter® network to:

rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
harm minors in any way;
publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any The Literate Letter® services or Your web site would cause The Literate Letter® to violate any law, statute or regulation; or any other illegal activity;
harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
violate any applicable government laws or regulations.

You may not reproduce or redistribute any web pages, entitled "Mrs. Fix Me." You may not copy or reproduce the web pages to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the The Literate Letter®, or in any product, service or web page provided through The Literate Letter®.

The information provided by The Literate Letter® to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of The Literate Letter® with any third party.

TERMS RELATED TO FEES, PRICING, AND BILLING
FEES:
Some products and services available through or in connection with The Literate Letter® require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your The Literate Letter® account by you or anyone else using Your account. The Literate Letter® reserves the right to modify the fees charged for The Literate Letter® products and services at any time.

PRICING:
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on Your Billing Statement.

The price on your The Literate Letter® Checkout page for products, services and items obtained through The Literate Letter® network (the "Products") reflects the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the Product when You first placed it in The Literate Letter® Checkout (e.g. you place an item in The Literate Letter® checkout, but you waited several days before submitting the order and the price changed between placing the item in The Literate Letter® checkout and submitting the order). We cannot confirm the price of a Product until You submit Your order; however, we do NOT charge Your Billing Account until Your order completes the The Literate Letter® Checkout process. Despite our best efforts, a small number of Product items may be mis-priced or the offer has expired and the following will apply:

If a Product's correct price is lower than our stated price, we charge you the lower amount.
If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

BILLING:
CHARGES ON YOUR BILLING ACCOUNT
The Literate Letter® bills you through an online account (Your "Billing Account") for Products. You agree to pay The Literate Letter® all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize The Literate Letter® to charge Your chosen payment method (Your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. The Literate Letter® reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THE LITERATE LETTER® IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT info@literateletter.com. IF YOU FAIL TO PROVIDE THE LITERATE LETTER® ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT THE LITERATE LETTER® MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of Your chosen Payment Method (the "Payment Method Provider"). If The Literate Letter® does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand.

If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and The Literate Letter® shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that The Literate Letter® may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

THE LITERATE LETTER® MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE THE LITERATE LETTER® REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL billing@literateletter.com.

Your non-termination or continued use of the Products on Your Billing Account reaffirms that The Literate Letter® is authorized to charge Your Payment Method. The Literate Letter® may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive The Literate Letter®'s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

DUE DATES; LATE CHARGES; COLLECTION COSTS
The amount due to The Literate Letter® for Your Billing Account must be paid in full by Your Payment Method Provider on the date such payment is requested by The Literate Letter®, not later than 30 days after the billing date Carrying forward a balance must be pre-approved by The Literate Letter®. You agree to pay late charges that may be assessed by The Literate Letter on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. The Literate Letter® reserves the right to refer Your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

DEFAULT
If The Literate Letter® does not receive payment for any charge to Your Billing Account, you will be in default and The Literate Letter® may suspend or cancel Your Billing Account and Your access to any or all The Literate Letter® Products. If Your Payment Method Provider seeks return of payments previously made to The Literate Letter®, but The Literate Letter® in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and The Literate Letter® may cancel Your Billing Account and Your access to any or all Products.

CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, THE LITERATE LETTER® MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A THE LITERATE LETTER® SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS
The Literate Letter® may, in its discretion, terminate, cancel, or suspend an accepted order if The Literate Letter® is notified that Your Payment Method has expired or has been canceled, or if The Literate Letter® has reason to believe that any Billing Account information provided to The Literate Letter® is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or The Literate Letter®, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before The Literate Letter® could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension under these Terms of Service or the cancellation policy on the cancellation policy page of the The Literate Letter® web site expressly so provides. You will not be entitled to any refunds upon termination, cancellation or suspension under these Terms of Service for Mrs. Fix Me without valid reason.

If You notify The Literate Letter® by phone at the number found on the bottom of the contact page of The Literate Letter® web site or in writing that You are canceling one or more The Literate Letter® services or products, fees pre-paid by You to The Literate Letter® for The Literate Letter® products or services will be credited back to Your applicable credit card in accordance with the cancellation policy. The Literate Letter® is not required to refund directly to You any amounts paid hereunder.

In the event that The Literate Letter® terminates Your The Literate Letter® account or one or more of Your The Literate Letter® services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

GENERAL
You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.

CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a The Literate Letter® service that You may not be entitled to a refund of all or part of amounts already paid by You for such The Literate Letter® subscription. You agree that (a) The Literate Letter®'s cancellation policy will be posted on the The Literate Letter® web site and may be changed from time to time by The Literate Letter® in its sole discretion and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you.

CHANGES TO SERVICES, TERMINATION BY THE LITERATE LETTER®
The Literate Letter® may change any of The Literate Letter® services at any time and from time to time without notice, including terminating the offering of any The Literate Letter® service altogether. The Literate Letter® may terminate Your account, Your access to The Literate Letter® or any of Your The Literate Letter® services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your The Literate Letter® services or from using The Literate Letter® network or from receiving any products, services or benefits from The Literate Letter®, if The Literate Letter® determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if The Literate Letter® receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with The Literate Letter network and there will be no refund of any fees pre-paid by You. If You subscribe to a The Literate Letter® service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for The Literate Letter® service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

LINKS TO THIRD PARTY SITES
Links within The Literate Letter® network may let You leave The Literate Letter® network. You acknowledge that the linked sites are not under the control of The Literate Letter® and that The Literate Letter® is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or web casting or any other form of transmission received from any linked site. The Literate Letter® is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by The Literate Letter® of the linked site or any association with their operators.

LICENSE YOU GRANT TO THE LITERATE LETTER®
The Literate Letter® does not claim ownership of the materials You provide to The Literate Letter® (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of The Literate Letter® or any web site ("Your web Site") created by You or on Your behalf in connection with the use of The Literate Letter® (collectively "Submissions"). However, You grant The Literate Letter® a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of The Literate Letter®. You also grant The Literate Letter® the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to The Literate Letter®'s or its sublicensee's use of the materials as licensed above. The Literate Letter® is under no obligation to post or use any materials You may provide, and may remove such materials at any time in The Literate Letter®'s sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through The Literate Letter® network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant The Literate Letter® the license set forth above, and You will defend and indemnify The Literate Letter® and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant The Literate Letter® permission to use screen shots of any web page that contains a link to The Literate Letter® or The Literate Letter® HTML code in The Literate Letter® promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

SOFTWARE AVAILABLE ON THE LITERATE LETTER® NETWORK
Software (if any) that is made available to download from or otherwise used through The Literate Letter® network, excluding software that may be made available by third parties via The Literate Letter®, ("Software") is the copyrighted work of its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, The Literate Letter® hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular The Literate Letter® web site or The Literate Letter® service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through The Literate Letter® network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via The Literate Letter® network should not be relied upon for personal, technical, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of The Literate Letter® network, and products and services of The Literate Letter®, is at Your own risk. The Literate Letter® makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of The Literate Letter® network, or such products or services. Without limiting the foregoing, NEITHER THE LITERATE LETTER® NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE LITERATE LETTER® FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE LITERATE LETTER® AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE LITERATE LETTER® OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LITERATE LETTER® OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE THE LITERATE LETTER® OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LITERATE LETTER®; OR
OTHERWISE ARISING OUT OF THE USE OF THE LITERATE LETTER®, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LITERATE LETTER® OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LITERATE LETTER®, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE THE LITERATE LETTER NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, The Literate Letter® is not responsible for any of Your data residing on The Literate Letter® and The Literate Letter® network hardware or systems, including such hardware or systems provided to The Literate Letter® by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the The Literate Letter® or The Literate Letter hardware or systems, including such hardware or systems provided to The Literate Letter® by third parties, whether or not such information is produced through the use of The Literate Letter®, including any information regarding the operation or use of Your web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of The Literate Letter network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. The Literate Letter® will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of The Literate Letter® network, its services or products; (b) Your customers' use of Your web site hosted by or created through The Literate Letter® and Your products and services; (c) use of The Literate Letter® network by any other party to whom You have given access to Your company information for use of The Literate Letter® network; (d) errors, bugs or other defects in The Literate Letter® network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on The Literate Letter® web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to The Literate Letter®'s records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of The Literate Letter® network.

The Literate Letter® is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your The Literate Letter® information, through the use of The Literate Letter® network.

The Literate Letter® is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your web site or between You and any user of any products or services offered or provided by You or by a third party through The Literate Letter® network. The Literate Letter® is not responsible for screening, censoring or otherwise controlling Your web Site, or any listings or transactions offered or conducted via Your web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your web site or through The Literate Letter®. The Literate Letter® is not acting as Your or any third party's agent in connection with the operation of The Literate Letter®. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because The Literate Letter® is not involved in any orders or other transactions between You and other users of The Literate Letter® or other marketplace forums, The Literate Letter® cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your web Site or on any The Literate Letter® service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). The Literate Letter® is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. The Literate Letter® makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using The Literate Letter®.

INDEMNITY
You agree to defend, indemnify and hold The Literate Letter® and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with The Literate Letter® or Your use of The Literate Letter®.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
The Literate Letter® reserves the right to deny in its sole discretion any user access to The Literate Letter® or any portion thereof without notice. You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or The Literate Letter® network resulting from any third party using a password or user name issued to You. You agree to notify The Literate Letter® immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of The Literate Letter network known to or suspected by You. You may change Your password at any time by following instructions on The Literate Letter web site.

You hereby authorize The Literate Letter® to rely on any data, notice, instruction or request furnished by You to The Literate Letter, or that The Literate Letter® reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. The Literate Letter® is not responsible for fraud of participants or of other users of Your account.

YOUR CUSTOMER DATA
The Literate Letter® will only use Your customer data in accordance with the privacy policy available at http://www.literateletter.com/pp.html.

GENERAL
These Terms of Service and the Additional Terms are governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA in all disputes arising out of or relating to the use of The Literate Letter® Services or The Literate Letter® network. You agree not to represent yourself to be a representative, agent, or employee of The Literate Letter® and that The Literate Letter® will not be liable by reason of any representation, act or omission to act by you.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and The Literate Letter® as a result of these Terms or Service or use of The Literate Letter®.

The Literate Letter®'s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of The Literate Letter®'s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of The Literate Letter® network or information provided to or gathered by The Literate Letter® with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and The Literate Letter® with respect to The Literate Letter® network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Literate Letter® with respect to The Literate Letter® network.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Literate Letter® may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove Your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which You must have provided consent or engaged in conduct to obtain the applicable services or Products.

The example companies, organizations, products, people and events depicted within The Literate Letter® are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

The Literate Letter® is not obligated to monitor the content on The Literate Letter®. The Literate Letter® reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with The Literate Letter®'s Privacy Statement located on any page at http://www.literateletter.com. The Literate Letter® reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from The Literate Letter® web sites, in The Literate Letter®'s sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by The Literate Letter®, including all legal and equitable remedies available to The Literate Letter® or violation of any of these Terms of Service.

COPYRIGHT AND TRADEMARK NOTICES
All contents of The Literate Letter® network are: Copyright (c) 2003 - 2005 The Literate Letter®and/or its suppliers, c/o The Literate Letter®, 2512 Pierce St. N.E., Minneapolis, MN 55418, U.S.A. All rights reserved.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. McAfee and the McAfee logo are trademarks of McAfee, Inc. Norton Anti-Virus and the Norton Anti-Virus logo are trademarks of Symantec, Inc.

Any rights not expressly granted herein are reserved by The Literate Letter®.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

FOR INFORMATION REGARDING THE THE LITERATE LETTER® PRIVACY STATEMENT read the document located at http://www.literateletter.com/pp.html.

SERVICE CONTACT
If You need to contact The Literate Letter® regarding The Literate Letter® network, please send e-mail via our http://www.literateletter.com/contact.html.