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Terms of Service

This User Agreement and Terms of Service (hereinafter "Agreement") is entered into by and between you (hereinafter "User") and FINDFRED®, LLC (hereinafter "Company") and governs your access to and use of FindFred.com® (hereinafter "Site"). By accessing the Site, User agrees and acknowledges that User has read, understood, and shall be bound by this Agreement, regardless of whether User has paid a membership fee, created and/or maintained a profile, or participated in the Site. If User does not agree with the terms of this Agreement, then User shall not access the Site.

User's accessing the Company's website following this notification constitutes user's acceptance of this Agreement, as well as the terms and conditions contained in the updated Privacy Policy. The use of information provided by you through the Website is governed by the Privacy Policy.

User represents and warrants to Company that User is not acting as an agent or attorney for any other person, including any government or governmental agency or branch.

STATE OF NEW JERSEY INTERNET DATING SAFETY ACT DISCLOSURE

IF YOU ARE A USER COMING FROM THE STATE OF NEW JERSEY, COMPANY IS REQUIRED TO NOTIFY YOU THAT COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, MEMBER, OR PROSPECTIVE MEMBER.

  1. AGE: User must be eighteen (18) years of age or older in order to access and/or use the Site. If the Company discovers or has reason to suspect that User is not at least eighteen years of age, Company reserves the right to suspend or terminate User's membership to or access to the Site immediately and without notice.
  2. MEMBERSHIP FEES: The Company reserves the right at any time to charge fees for access to all or part of the Site. In no event will User be charged for access to all or part of the Site unless Company obtains the prior agreement of User to pay for those Services. If User does not consent to the payment, however, User may not have access to all or part of the Site. All payments made by User to Company for membership to the Site or for any other products or services on or associated with the Site shall be made in United States dollars.
  3. PAYMENT AUTHORIZATION: Payment for the services provided to User in, at, through or in association with the site may be made by automatic credit card, debit card, direct debit, online checks, Short Message Signal ("SMS") billing and other approved payment means offered by the site, and User hereby authorizes the Company to transact such payments on User's behalf.

    User hereby authorizes Company's Internet Payment Service Provider to charge User's credit card to pay for your membership to the site, and for any and all purchases of products, services, and other entertainment available on the site. User shall be liable for all charges incurred by User for use of any content provided by the Company in association with the Site. User agrees that User's liability for all such charges will continue after termination of any type of membership arrangement with the company.

    In the event that User has chosen to have User's membership automatically rebilled, User hereby authorizes Company's Internet Payment Service Provider to automatically renew User's membership to the site on a continuing basis and to charge User's credit card or other payment means selected to pay for the ongoing cost of User's membership. Automatic rebilling by Company shall not terminate until User notifies Company that User wishes to terminate User's membership.

    User hereby further authorizes Company's Internet Service Provider to charge User's credit card (or other approved payment means User selected) for any and all purchases of products, services and entertainment provided on the site.

  1. REFUNDS: All membership payments made to the Site are non-refundable. THERE ARE NO REFUNDS FOR ANY UNUSED PORTIONS OF MEMBERSHIP. User hereby acknowledges and agrees that if User cancels his or her membership, User will be entitled to receive the full benefits of User's membership until the end of such membership period. User shall not be entitled to any pro-rated or partial refund if User cancels his or her membership before the end of the membership period.
  2. PROTECTION OF YOUR PERSONAL PROFILE CONTENT

    Of great concern to FINDFRED® is safeguarding the privacy of our members. When you as a member give us a Grant of License, you give us the permission necessary to display your profile images to other members of FINDFRED.com® on the site through use of a thumbnail to reproduce the original image into smaller versions on the site. FINDFRED® will never under any circumstance display your posted profile images anywhere other than on our own site. You own the images in your personal profile, we do not own those images. Once you remove the images, we delete the images from our primary servers. Our policies below protect your rights when you post images to your personal profile. Conversely, anything communicated between members, publicly or in groups is not protected as other members and our site now have rights to that content.

    As a member of FINDFRED®, any images or other content that you post or communicate is your responsibility.

    By posting to your personal profile you are representing that you as a member have the right to grant and do grant to FINDFRED® a non-exclusive license as to the material and any derivative of the image to use or reproduce the images or material on the site by any means now in existence or that will be developed in the future. The grant also includes the warranty that use of the image or content does not infringe on the rights of any third party. That license terminates when member deletes the images or content from the account or deletes the account except to the extent that the image or content had been shared with other members or users of the site who have not deleted.

  1. GRANT OF LICENSE: By posting content of any type to areas other than your personal profile(s), you are representing that you as a member have the right to grant and do grant to FINDFRED® an exclusive irrevocable lifetime license as to the image or picture or video or material and any derivative of the image or material to use or reproduce the image and content on the site or elsewhere by any means now in existence or that will be developed in the future. The grant also includes the warranty that use of the image or content does not infringe on the rights of any third party. For example, if you post images, postings or any content to a shared group, community board, contest, charity group, chat room, comments to another member's profile or anything separate from your personal profile(s), that content becomes the property of FINDFRED®.

    FINDFRED® and original creator of the image retain rights to the image and content and other material granting to member as user the right to use the material for private personal entertainment and non-commercial use only provided member as user does not modify the material. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the law of privacy and publicity and communications regulations and statutes and result in penalty therefrom.

  1. USE RESTRICTIONS:
    1. Copyright. All site materials, including, but not limited to, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company or by the original creator of the material. Permission is granted to display and use the materials on this site for private personal entertainment, educational and noncommercial use only, provided User does not modify the materials and that User retains all copyright and other proprietary notices contained in the materials. User may not distribute copy, reproduce, display, republish, download, or transmit any material on this site for commercial use without Company's prior written approval. User may not "mirror" any material contained on this Site on any other server without Company's prior written permission. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and result in penalty therefrom.
    2. Trademarks. The trademarks, service marks, trade names and logos (the "Trademarks") used and displayed on this site are registered and unregistered trademarks of the Company. All page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated or used, in whole or in part, without Company's prior written permission. User acknowledges that the trademarks used and displayed on this site are the sole property of the Company or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in User. Nothing in this site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the site, without Company's express written permission or that of the Trademark owner.
    3. Hyperlinks. User is granted a limited, nonexclusive right to create a hypertext link to this site provided that such link is to the entry page of this site and does not portray Company or any of Company's products or services in a false or misleading manner. This limited right may be revoked at any time for any reason whatsoever. User may not use framing techniques to enclose Company's trademark, logo or trade name or other proprietary information including the images found at the site, the content of any text or the design of any page or any form contained on a page without our express written consent. Links to third party site are provided solely as convenience to User. If User uses these links, User will leave the Site. Company has not reviewed the third party sites and does not control and is not responsible for any of the third party sites, their content or their policies including privacy policies or lack thereof. Company does not make any representations about third party sites or any information, software or other products or materials found on the third party sites, or any results that may be obtained from using the third part sites. If User decides to access any of the third party sites linked to this site, User does so at User's own risk. User acknowledges that Company is not responsible for any damage or loss caused by the use of any third party site.
    4. Downloadable Materials. Any software, including codes or other materials that are made available to download from the Site is the copyrighted work of the Company and affiliates. If User downloaded software from the Site, use of such software is subject to the license terms in the software license agreement that accompanies or is provided with the software. User may not download or install the software until User has read and accepted the terms of the applicable software license agreement.
    5. Limited Access. Except as otherwise expressly permitted by the Company, any access of the computer system or other information contained on the system for any purposes is strictly prohibited. User shall not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the web pages on the Site or the content contained therein without Company's prior written permission. User will not spam or send unsolicited e-mail to any other user of the Site for any reason. User shall not use any device, software or routine to interfere with the proper working of the Site. User shall not take any action that imposes an unreasonable or disproportionately large load on Company's infrastructure.
    6. Content Restriction. User shall not post, transmit, e-mail, re-transmit or store material on any of the services provided by Company that in Company's sole judgment (1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity, or (3) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of pirated or other unauthorized photos or software products that are not appropriately licensed for your use. User shall be responsible for determining what laws or regulations are applicable to use of the services. User may only use the services in a manner that, in Company's sole judgment, is consistent with the purposes of such services. If User is unsure of whether any contemplated use or action is permitted, please contact the Company at http://www.findfred.com/support. By way of example, and not limitation, the following uses described below of the services are expressly prohibited:
      1. Upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable;
      2. Impersonate any person or entity, including a Company official or misrepresent User's affiliation with a person or entity;
      3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images;
      4. Upload, post, e-mail or otherwise transmit any content in which User does not have a right to transmit under any law or contractual relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
      5. Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      6. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
      7. Upload, post, e-mail or otherwise transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      8. Disrupt the normal flow of user interaction, cause a screen to scroll faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
      9. Interfere with or disrupt the services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
      10. Violate any applicable local, state, national or international law, including regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
      11. Stalk or otherwise harass another User of the Site or Company employee or official;
      12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animal including but not limited to, providing instructions on how to assemble bombs and other weapons and creating "Crush" sites; and
      13. Effecting security breaches or disruptions of Internet communication including but not limited to accessing data of which you are not an intended recipient or logging onto a server or account that you are not expressly authorized to access.
      14. Content that violates any applicable local, state, national or international law or any regulation having the force of law is illegal and prohibited. Specifically, Users are responsible for ensuring that uploaded Content does not contravene any criminal law relating to obscenity, pornography or child pornography.
      15. Content depicting any sexual act with any object or life form is illegal and prohibited.
      16. Content depicting any person's image, in whole or in part who is under the age of eighteen (18) years old, is illegal and prohibited.
      17. Content posted by a User that depicts images of a person other than the person being profiled, whether such content is an impersonation or otherwise falsely represents the User being profiled or the User's affiliation with any person or entity is illegal and prohibited.
      18. The use of the Website to threaten, engage in or advocate the harassment of any individual or group (verbally or electronically) is illegal and prohibited.
      19. Company will not tolerate hate speech toward any person or group in the form of ethnic slurs, personal insults or obscene language. Inflammatory discussion relating to controversial topics, such as politics or religion, will not be tolerated and is strictly prohibited.
      20. Content that promotes or provides instruction or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury to you or to another person or animal is illegal and prohibited.
      21. The promotion of content that is defamatory or libelous, false or misleading is illegal and strictly prohibited.
      22. The publication or posting of any unauthorized or illegal copy of a third-party's copyrighted work, including, but not limited to, computer files or programs, photographs, written text, pictures, pirated files, URL links, information to circumvent manufacturer-installed copy-protect devices or providing pirated music or links to pirated music is illegal and prohibited. Downloading content for the sole purpose of reposting it to another media, including the reposting of Content stored within a local browser cache, is illegal and prohibited; the IP address of the offending Participant may be forwarded to the Federal Bureau of Investigation (FBI) in Company's sole discretion.
      23. The solicitation from other Users of personal information, including passwords or other identifying information, for commercial or unlawful purposes is prohibited.
      24. The use of the Website for commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, without prior written consent from Company, is prohibited.
  2. PROFILES. You understand that photos or other content posted to a Profile: are accessible to other Users who have registered with Company, but are not accessible by the general public; may be copied by unscrupulous Users via standard browser tools; and, may be distributed without User's knowledge or consent-all of which are beyond the control of Company. Individual Profiles may be locked out without notice if the Profile:
    1. Contains art work, cartoons, altered or non-photographic images;
    2. Violates any Term of Usage herein;
    3. Contains any photo of an individual younger than eighteen (18) years of age;
    4. Depicts a sexual act, regardless of what is having sex in the image;
    5. Shows any legal or illegal use of drugs, displays of firearms or depicts violent acts to oneself, to (an)other person(s), or to (an) animal(s);
    6. Contains any non-original photo scan, including photos indicating enhanced filter affect, alteration, modification, colorization, recropping or resizing of images;
    7. Failure to continuously maintain a valid, functional Email address on a Profile;
    8. Failure to maintain current basic Profile information
    9. Request to delete or remove a Profile from the Website;
    10. Profile with an inoperable or blocked Email address;
    11. Profile set inactive for more than six (6) months; or
    12. Determination by Company, in its sole discretion, to void and remove the Profile.
  3. TERM. User may participate on Company's website in compliance with this Agreement until terminated by User or by Company. If User wishes to terminate User's account User may do so at any time, with or without cause, by clicking the "Delete Account" button in the Account section of the Website, then clicking the "Yes" button in the subsequent page to verify account deletion. Similarly, Company may terminate User account at any time, with or without cause; such termination to be effective upon sending User notice at the email address provided by User during the registration process, or such other email addresses as User may later provide to Company. In the event that Company terminates this Agreement due to a breach by User of its terms, User will not be eligible to receive any refund of registration fees or other fees paid. Certain provisions of this Agreement will survive termination.
  4. DISCLAIMER WARRANTY: This site, including all software, functions, materials, and information is provided to User without warranties of any kind, express or implied, including, but not limited to warranties of merchantability, fitness for a particular purposes, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and information content. Company does not warrant regarding the operation of this site or any results therefrom or any other sites linked to this site. Company does not and cannot warrant that the files available for downloading from this site will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Company does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this site, software, materials, products, or services will be corrected.
  5. LIMITATION OF LIABILITY: User acknowledges and agrees that Company shall not be liable for any damages resulting from lost profits, lost data or business interruption arising out of the use of the Site. If User's use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, User shall assume all costs there from.
  6. REVISIONS TO THIS AGREEMENT: Company may revise this Agreement at any time without notice by updating this posting. By using this Site, User agrees to be bound by any such revisions and User should therefore periodically visit this Site to determine the then current Terms of Access and Use to which User is bound.
  7. WARRANT BY USER: User warrants to Company the following:
    1. User is eighteen (18) years of age or older and all information and details provided by User to Company are true, accurate and up to date in all respects and at all times;
    2. User's use and/or access to the Site does not violate any law of your city, state, province, or country;
    3. User is the sole owner of all rights in the materials posted or uploaded by User or that User has the absolute right to such material;
    4. User shall comply with the terms of this Agreement;
    5. User agrees to indemnify and hold Company harmless from any claim or damages made by a third party in respect of any matter arising from User's use and/or membership from any breach of the terms of this Agreement by User or by User's violation of any law or the rights of any third party; and
    6. User represents and warrants to Company that User is not acting as an agent or attorney for any other person, including any government or governmental agency or branch.
  8. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION: The Company may take any or all of the following actions at Company's sole discretion:
    1. Remove any member profile (including photographs) or other material that, in Company's sole discretion, may be inappropriate, Company suspects to be illegal, subjects Company to liability, violates the terms of this Agreement, or where Company is required to do so by law;
    2. Issue to members verbal or written warnings and take such further action as Company deems appropriate if such warnings are not heeded;
    3. Suspend or terminate a User's access to the Site or a member's account without notice at any time, and without any right on User's part for refund of any fees paid and to refuse to provide User with any future membership;
    4. Inform the appropriate authorities and provide the authorities with information regarding any suspected illegal activity; or bring legal action against a member or other user of the site in relation to any breach of the terms of this Agreement or any illegal activity.
  9. ACCURACY OF PROFILES: The Company does not attest to the accuracy of any information contained within a profile of any user, and User understands and acknowledges that he or she is solely responsible for verifying all information contained within a profile and assumes all risks associated with contacting other Users depicted in a Profile.

    THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE PRE-SCREEN USERS FOR CRIMINAL HISTORIES, MENTAL ILLNESS, ETC.

  1. GOOD SAMARITAN CONTENT AND COMPLAINT PROCEDURES POLICY:
    1. Policy. Company has provided opportunities for User to contribute content to the Site. It is Company's policy, however, not to allow any content that may be a violation of local, state, federal or non-United States law or regulation, content that may be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable, content that constitutes intellectual property infringement, or content that may otherwise be unacceptable or inappropriate. Upon learning of such content, Company will attempt, and User hereby gives Company the right, to delete such material that in our Company's discretion is otherwise unacceptable with or without notification to User.
    2. Complaint Procedures. If User believes that another user or other third party has posted material that violates the policy set forth in Part 10.A, User may notify Company as follows: (i) via e-mail at http://www.findfred.com/support or (ii) via first class mail (or other nationally-recognized courier) at: FINDFRED®, LLC 861 North High Street, Columbus, OH 43215. In order to allow Company to respond effectively, please provide Company with as much information as possible in the e-mail or correspondence, including: (1) the nature of the right infringed or violated (including any applicable registration numbers of the federally-registered intellectual property allegedly infringed), if applicable, or the unacceptable or inappropriate content; (2) all facts which lead you to believe that a right has been violated or infringed, if applicable; (3) the precise location where the offending material is located; (4) any grounds to believe that the party or user which posted the content was not authorized to do so or did not have a valid defense, (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate material; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership.
    3. Indemnification. By contacting Company as to an alleged violation, User agrees that the substance of User's complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the State of Ohio. User agrees, at User's own expense, to defend and indemnify Company and hold Company harmless against all claims that may be asserted against Company, and all losses incurred, as a result of User's complaint and/or Company's response to it.
    4. Waiver of Claims and Remedies. Company expects all users of the Site to take responsibility for their own actions, and Company does not assume liability for any acts of third parties which take place at our site. By utilizing the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES THAT YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST COMPANY UNDER ANY THEORY OF LAW THAT ARISES OUT OF THE CONTENT AT THIS SITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
    5. Investigation/Liability Limitation. User agrees that Company has the right, but not the obligation, to investigate any complaint received. By reserving this right, Company does not undertake any responsibility in fact to investigate complaints or to remove material. Company will not act on complaints that Company believes, in Company's sole discretion, to be deficient. If User believes that material remains on the Site that violates User's rights, USER'S SOLE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR CONTENT, NOT AGAINST THE COMPANY. USER'S SOLE REMEDY AGAINST THE COMPANY SHALL BE TO TERMINATE USER'S USE OF THIS SITE AND SERVICE.
    6. Digital Millennium Copyright Act Compliance. As set forth herein, User must contact Company if User believes that a work protected by a U.S. Copyright that User owns has been posted on the Site without authorization or that the Site, contributes to its infringement. It is the Company's policy in appropriate circumstances to terminate the access rights of repeat infringers and other users who use this site in an inappropriate manner.
  2. COOPERATION WITH LAW ENFORCEMENT: The Company reserves the right fully to cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information regarding any User or member alleged by any governmental entity to be using the Site or any materials available in the Site in violation of any law or regulation, or in violation of this Agreement, including the posting of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION BY THE COMPANY DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES
  3. APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement may be assigned in whole or in part by the Company. This Agreement shall not be assigned in any manner by you without our prior written permission.
    1. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement that are not first resolved informally, shall be determined by litigation in a court of competent jurisdiction in Franklin County, Ohio.
    2. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio notwithstanding any conflict of laws provisions. User and Company agree that the venue for all legal disputes arising under this Agreement shall be Franklin County, Ohio. User and Company further agree that in case of any litigation regarding this Agreement, User irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts having jurisdiction for the County of Franklin, State of Ohio for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in Franklin County, State of Ohio , (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the courts of Franklin County, State of Ohio represent the exclusive jurisdiction for all litigation relating to this Agreement.
  4. MISCELLANEOUS:
    1. No waiver of any breach of any provision of the terms of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part, provision or term of this Agreement to be invalid or unenforceable, such findings shall have no effect on any other part, provision or term of this Agreement.
    2. This Agreement constitutes the entire agreement between User and the Company, and this Agreement supersedes any prior Agreements.
    3. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY