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Terms of Use Agreement

Welcome to www.bodhtree.us (the "Site"), a website owned and operated by Bodhtree, Inc. ("Bodhtree", "we" or "us"), a Delaware corporation, and its affiliates. Bodhtree and its affiliates provide their services to you subject to the following terms and conditions. If you visit www.bodhtree.us, you accept these conditions. Please read them carefully. In addition, when you use any current or future Bodhtree service or visit any business affiliated with us, whether or not included in the www.bodhtree.us website, you also will be subject to the terms and conditions applicable to such service or business.

Acceptance Of Agreement
Your use of the Site constitutes your acceptance of the terms and conditions outlined in this Terms of Use Agreement and in each of our policies posted on our website. This Terms of Use Agreement, together with each of the policies posted on our website, are collectively referred to herein as this "Agreement." This Agreement constitutes the entire and only agreement between us and you concerning the subject matter of this Agreement and supercedes all prior or contemporaneous agreements, representations, warranties and understandings concerning the subject matter of this Agreement.

Privacy
Please review our Privacy Policy here, which also governs your visit to the Site, to understand our practices concerning privacy matters.

Electronic Communications
When you visit www.bodhtree.us or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bodhtree or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on the Site is the exclusive property of Bodhtree and is protected by U.S. and international copyright laws. All software used on the Site is the property of Bodhtree or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks
"www.bodhtree.us" and others are our service marks or registered service marks or trademarks. Other products and company names mentioned on the Site may be trademarks of their respective owners. Bodhtree' service marks, trademarks and trade dress may not be used in connection with any product or service that is not Bodhtree', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Bodhtree or www.bodhtree.us. All other trademarks not owned by Bodhtree or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bodhtree or its subsidiaries.

License And Site Access
Bodhtree grants you a limited, nonexclusive, non-assignable, nontransferable, revocable license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bodhtree. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bodhtree. You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bodhtree and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bodhtree' name or trademarks without the express written consent of Bodhtree. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by Bodhtree. You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of www.bodhtree.us so long as the link does not portray the Site, Bodhtree, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Bodhtree logo or other proprietary graphic or trademark as part of the link without express written permission.

Copyright Complaints
Bodhtree and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Nontransferable
Your right to use our website is not transferable or assignable. Any password or right given to you to obtain information or access the Site is not transferable or assignable.

Your Account
If you register for an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are over the age of 13, you may use the Site. Bodhtree and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.

Reviews, Comments, Communications, And Other Content
You may post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Bodhtree reserves the right but not the obligation to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, unless we indicate otherwise, you grant Bodhtree and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bodhtree and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bodhtree or its affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

In addition, because the Site is a public platform, any content posted or material submitted in our discussion forums or reviews is available for other visitors of the Site to view, and is therefore not private, confidential or privileged. Content posted in a public platform may be accessed by others, and may be indexed by a search engine. You should not post any personal or sensitive information to better protect your privacy.

Other Businesses
We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Bodhtree does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use for their websites.

Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Securities Laws
Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our website and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained on our website or linked to our website is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings, prospectuses or disclosure documents.

Information And Press Releases
Our website contains information and press releases about us. We disclaim any duty or obligation to update this information of any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us

Services Relating To Financial Matters
Any news, messages, alerts or other information received through our Site concerning companies, stock quotes, investments or securities is provided for informational purposes only, and no Content included in our Site is intended for investment purposes. Neither Bodhtree nor any of our affiliates shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through our Site, nor will we be responsible or liable for any investment decisions based on such information.

Disclaimer Of Warranties And Limitation Of Liability
THIS SITE IS PROVIDED BY Bodhtree ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bodhtree MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Bodhtree DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bodhtree DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.BODHTREE.US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bodhtree WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our website.

Applicable Law
By visiting www.bodhtree.us, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Bodhtree or its affiliates.

Disputes
Any dispute or unresolved controversy arising out of or relating to this Agreement or your visit to the Site shall be submitted to confidential arbitration under the auspices of JAMS in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate Bodhtree' intellectual property rights, Bodhtree may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs with respect to any disputes arising under this Agreement. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement, together with any of your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Other Site Policies And Modification
From time to time, we may post revised versions of existing policies or new policies on our website. Please review all of our other policies posted on this Site. These policies also govern your visit to our Site. We reserve the right to make changes to our Site, policies, and this Terms of Use Agreement at any time. We reserve the right to change the provisions of this Agreement at any time. We will alert you that changes have been made by indicating on the bottom of the Agreement the date it was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your consent to any changes in our policies, and you expressly waive any right to notice of such changes. We encourage you to review this Agreement whenever you visit our Site to make sure that you understand the policies that govern your use of the Site.

Our Address
Bodhtree, Inc.
210 Hammond Ave
Fremont, CA 94539

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bodhtree' copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Bodhtree and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Bodhtree' Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

Copyright Agent
Bodhtree, Inc. Legal Department
210 Hammond Ave
Fremont, CA 94539
phone: 408-954-8700
fax: 408-351-7811
e-mail: copyright@bodhtree.us

Courier address:
Copyright Agent
Bodhtree, Inc. Legal Department
210 Hammond Ave
Fremont, CA 94539
USA


Last Updated: April 20, 2011

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