TERMS OF USE

ACCEPTANCE OF TERMS
MPowerMe, Inc. (the “Company”), makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by the Company and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that the Company may publish from time to time (collectively, the “Terms of Use”).

BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY MATERIALS, OR BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS OF USE AND PRIVACY POLICY (SEE PRIVACY POLICY) AND ARE INCORPORATED HEREIN BY REFERENCE.

The Company reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole and absolute discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such changes have been posted constitutes your assent and acceptance of such changes. Your use of the Site will be subject to the most current version of the Terms of Use, along with any additional disclosures, rules and guidelines posted on the Site at the time of such use which are incorporated herein by reference. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use the Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

INTELLECTUAL PROPERTY; NO LICENSE TO USERS
The Materials and Services on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at the Site may violate such laws and these Terms of Use. The Company has not granted, does not hereby grant, and will not grant you any express or implied rights to use the Materials and Services other than as specifically se forth herein. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by the Company, the Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such Third Party Services. The Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by the Company. You agree that you will not hold the Company responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on the Site, you may view, download, and print the content available on the Site subject to the following conditions:

1. The content on the Site may be used solely for non-commercial, personal and informational purposes.
2. The content on the Site may not be modified or altered in any way.
3. The content on the Site may not be otherwise copied, distributed, sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the content.
5. The Company reserves the right to revoke the authorization to view, download, and print the content available on the Site at any time, and any such use shall be discontinued immediately upon notice from the Company.
6. The above usage rights hereby granted to you constitute a revocable license and not a transfer of title.

The rights specified above to view, download, and print the content available on the Site are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks.

USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another user’s personal information, account or payment information, password, service, or other information obtain through use of thus Site without authorization from the Company; not to access or attempt to access any content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

STATEMENTS OF OPINION
From time to time the Site uses statements of opinion. Words such as, but not limited to, “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are statements of opinion based upon numerous assumptions and estimates which are subject to significant uncertainties, many of which are beyond the Company’s control.

WARRANTIES AND DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR THIRD PARTY SERVICES, THE SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT: (I) THE SERVICES, MATERIALS AND THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, MATERIALS AND THIRD PARTY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, MATERIALS AND THIRD PARTY SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, MATERIALS AND THIRD PARTY SERVICES OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT: (I) THE COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR THIRD PARTY SERVICES OFFERED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY OTHER THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (II) THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. THE COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

PERSONAL INFORMATION AND PRIVACY
Your personal information will be deemed to be confidential. Any non-personal information or material sent to the Company will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of the Company or others. Notwithstanding the foregoing, all information we receives from you will be subject to the terms of our Privacy Policy, as posted on the Site from time to time.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THE SITE.

INDEMNITY AND LIABILITY
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by the Company from its offices within the city of Los Angeles, in the County of Los Angeles, in the State of California, United States of America. By accessing the Site, you and the Company agree that all matters relating to your access to, or use of, the Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the County of Los Angeles, in the State of California with respect to such matters, and you hereby agree to waive all objections to such venue on forum non conveniens grounds.

GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between the Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.