AmpedSurf

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USA ALBANIA ARGENTINA AUSTRALIA AUSTRIA BANGLADESH BELGIUM BRAZIL BULGARIA CANADA CAYMAN ISLANDS CHILE CHINA, PEOPLES REPUBLIC OF COLOMBIA CROATIA CYPRUS CZECH REPUBLIC DENMARK DOMINICAN REPUBLIC ECUADOR EGYPT EL SALVADOR FINLAND FRANCE GERMANY GHANA GREECE GUATEMALA HONG KONG HUNGARY ICELAND INDIA INDONESIA IRAN IRELAND, REPUBLIC OF ISRAEL ITALY JAPAN JORDAN KOREA, SOUTH LATVIA LEBANON LIECHTENSTEIN LITHUANIA MALAWI MALAYSIA MEXICO MOROCCO NEPAL NETHERLANDS NEW ZEALAND NORWAY OMAN PAKISTAN PANAMA PERU PHILIPPINES POLAND PORTUGAL ROMANIA RUSSIA SAUDI ARABIA SERBIA and MONTENEGRO SINGAPORE SLOVAKIA SLOVENIA SOUTH AFRICA SPAIN SRI LANKA SWEDEN SWITZERLAND TAIWAN THAILAND TUNISIA TURKEY UGANDA UKRAINE UNITED ARAB EMIRATES UNITED KINGDOM URUGUAY VENEZUELA VIETNAM ZIMBABWE ALBANIA ARGENTINA AUSTRALIA AUSTRIA BANGLADESH BELGIUM BRAZIL BULGARIA CANADA CAYMAN ISLANDS CHILE CHINA, PEOPLES REPUBLIC OF COLOMBIA CROATIA CYPRUS CZECH REPUBLIC DENMARK DOMINICAN REPUBLIC ECUADOR EGYPT EL SALVADOR FINLAND FRANCE GERMANY GHANA GREECE GUATEMALA HONG KONG HUNGARY ICELAND INDIA INDONESIA IRAN IRELAND, REPUBLIC OF ISRAEL ITALY JAPAN JORDAN KOREA, SOUTH LATVIA LEBANON LIECHTENSTEIN LITHUANIA MALAWI MALAYSIA MEXICO MOROCCO NEPAL NETHERLANDS NEW ZEALAND NORWAY OMAN PAKISTAN PANAMA PERU PHILIPPINES POLAND PORTUGAL ROMANIA RUSSIA SAUDI ARABIA SERBIA and MONTENEGRO SINGAPORE SLOVAKIA SLOVENIA SOUTH AFRICA SPAIN SRI LANKA SWEDEN SWITZERLAND TAIWAN THAILAND TUNISIA TURKEY UGANDA UKRAINE UNITED ARAB EMIRATES UNITED KINGDOM URUGUAY VENEZUELA VIETNAM ZIMBABWE

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Terms & Conditions Thank you for your interest in the AmpedSurf Personal Trainer and Surf Log (www.ampedsurf.com), a subscription-based online surf fitness program provided by Wave Nine Inc. For a periodic subscription fee, you'll gain full access to a surf fitness plan and surf log designed to help you ride more waves. Depending on the specific offer provided to you, you can sign up now for a risk-free trial or begin your paid subscription today. Your subscription will automatically renew on a monthly basis for membership and billing thereafter until you cancel. You can cancel anytime, in which case you won't be refunded the subscription charge for the current subscription period, unless your specific offer allows for a refund, but you'll have member access through the end of that period and won't be billed again. There is no minimum membership period. Wave Nine Inc. ("Wave Nine") ("us", "our", "we ") maintains this Internet site ("Site") as a service to you and the Internet community. Unless otherwise noted, the content (images and text) ("Content") is the property of Wave Nine and protected by United States and international intellectual property laws. As a user of this Site, you agree that you shall download and/or use Content solely for your personal, non-commercial use. You agree to all of the terms and conditions set forth herein and will not use this Site until and unless you have agreed to these terms and conditions. You may not use the Content in any matter inconsistent with this Member Agreement ("Agreement") or applicable law, and you may not copy, modify or alter the Content without Wave Nine express prior written consent. I. Medical Information I. Offer, Payment and Billing Terms II. Message Boards, Email, Monitoring Third Party Content V. General Terms and Conditions . Medical Information THE CONTENT AND OTHER INFORMATION PRESENTED ON THE SITE ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY OTHER FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THIS FITNESS PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START THIS FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. WAVE NINE RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITE IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. WAVE NINE RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THIS SITE. The process of becoming a member of this Site (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access to the Site. In becoming a Member with the intent of using this Site, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of this Site. And if you are a woman, in becoming a Member with the intent of using the Site you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of this Site. You are advised that health and fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition. II. Offer, Payment and Billing Terms and Conditions A. MEMBERSHIP TERM AND RENEWAL The membership term is month-to-month. Your subscription will automatically renew on a monthly basis for membership and billing thereafter until you cancel. You can cancel anytime, in which case you won't be refunded the subscription charge for the current subscription period, unless your specific offer allows for a refund, but you'll have member access through the end of that period and won't be billed again. There is no minimum membership period. You are financially responsible for all associated subscription fees until notice of cancellation is received by Wave Nine. B. CANCELLATION POLICY You may cancel your subscription after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period. To cancel, login to your paypal account (www.paypal.com) and cancel your subscription using paypals unsubscribe tools. Unless the terms of the specific offer you choose expressly allow for a refund, you WILL NOT receive a refund upon cancellation. Upon cancellation, your account will be terminated effective at the end of the then current billing period and we in our sole discretion shall have the right but not the responsibility to delete all of the account information provided by you. You will only receive a refund of the initial membership fee if you sign up through the risk-free trial offer and if a cancellation request is actually received by us in accordance with this policy before 5:00 PM EST on the last day of the initial registration period. If you are entitled to a refund under this provision, you will receive any refund due as a credit to your credit card or PayPal account. If you do not sign up through the risk free trial offer or if you decide to cancel your membership at any other time you WILL NOT receive a refund. We will confirm receipt of your cancellation request via email. We are under no obligation to cancel your account or provide any refund unless your cancellation request is actually received in accordance with this policy. C. AUTOMATIC RENEWAL After the initial membership term ends, membership will automatically renew on a month-to-month basis. Membership will renew on the day after the initial membership ends, and renew on the same date of the month at the beginning of the next month thereafter. You may then cancel your subscription at any time in accordance with Section B above. There is no minimum number of membership terms that you must purchase. Cancellations must be made in accordance with the instructions in Section B. Cancellations received via email will not be honored. After your initial membership term, your credit card or PayPal account will be automatically charged on monthly basis for as long as you remain a Member. You agree that we are not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged. D. PAYMENT AND BILLING POLICIES Certain products or Services may be offered for sale on this Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by Wave Nine to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Wave Nine with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. If you open a subscription account on this Site, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Wave Nine reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members. Your right to use the Site or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or PayPal account, or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Wave Nine’s obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. E. SPECIAL OFFERS From time to time, the following special offers, among others, may be made by Wave Nine. The listing of these offers does not indicate that they are available to you now or that they will ever be made to you or any other Members or potential Members. These offers shall only be available to you if you receive a valid offer from Wave Nine. If you have agreed to one of these special offers, the following terms and conditions apply: 1. RISK FREE TRIAL Limited Time “Risk Free Trial” Subscription offers of specific durations are subject to the terms and conditions as follows: 1. These limited time period risk free trial subscriptions are available either through a dedicated landing page or based on a "gift code"; a gift code may be given directly to you to enter on the site, or encrypted in a unique URL you use to access the site; if the offer is made with a gift code, the code is designed for one-time use and expires when you register to become a member of the site. 2. To accept the risk free trial subscription promotion, you will be required to provide a credit card and you must register as a member of the site, including choosing an account username and password that will be assigned to your account. 3. Acceptance of this offer allows you to cancel your membership during the risk free trial period of the first subscription period and receive a refund. 4. Cancellations and refunds are controlled by Section B above. 5. If you are entitled to a refund, you will receive any refund due as a credit to your credit card or PayPal account. You will only receive a refund of the initial membership fee if you sign up through a risk free trial offer and if a cancellation request is actually received by Wave Nine in accordance with this policy before 5:00 pm EST time on the last day of the risk free trial period. 6. If you do not cancel, your subscription will automatically renew per the terms outlined in Section C above after your initial membership term. 6. Of course, you may cancel your membership at any time during any subscription period; however, NO REFUNDS will be given except as expressly outlined in Section B above. 2. FREE SUBSCRIPTION/FREE TRIAL PROMOTIONS Limited Time “Free" Subscription and/or Free Trial offers are subject to the terms and conditions as follows: 1. These limited time period free subscriptions or free trial offers are available based on a "gift code"; a gift code may be given directly to you to enter on the site, or encrypted in a unique URL you use to access the site. In either case, the code is designed for one-time use and expires when you register to become a member of the site. 2. To accept such a free limited time subscription or free trial promotion you must register as a member of the site, including choosing an account username and password that will be assigned to your account and you may be required to provide a credit card. 3. Use of the gift code entitles you to free full membership on the site for a limited period of time (the specific time period will depend on the specific offer), and your free membership will expire at the end of that period; unless you renew your membership, you will no longer have access to the member section of the site once the free membership period has ended. 4. Prior to the end of your free or trial subscription period, your subscription will automatically renew per the terms outlined in Section C above. 5 Of course, you may cancel your membership at any time during your free subscription period, however, NO REFUNDS will be granted for the free subscription period set forth in your offer. Once your free or trial subscription period ends the cancellation policy outlined in Section B above applies. 3. MULTIPLE MONTH RENEWAL The Multiple Month Renewal offer is subject to the terms and conditions as follows: 1. Multiple Month Renewal offers are time limited and must be activated within the timeframe set forth in the offer. 2. To accept the promotion, you must provide the account username and password assigned to your account. 3. If you elect to accept the offer, your account will be altered to reflect the options chosen as soon as payment has been made. 4. The offer will provide the additional specified months of the service for the price set forth in the email offer to Members. You will be billed as soon as you accept the offer. Notwithstanding any other offer you might have chosen, in consideration for the reduced price, NO REFUNDS will be granted during the renewal term once the offer has been accepted. 4. FREE MONTH(S) WHEN YOU SUBSCRIBE PROMOTIONS Limited Time free month(s) when you subscribe offers are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Site, or encrypted in a unique URL you use to access the Site - in either case, the code is designed for one-time use and expires when you register to become a member of the Site. 2. To accept this limited time subscription promotion, you will be required to provide a credit card, and you must register as a member of the Site, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free month(s) of full membership on the Site, when you pay in full, in advance for the subscription period indicated of Site membership at the regular or discounted price disclosed in the offer. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers. 8. BILL FOR SERVICE PROMOTIONS Limited Time Bill for Service promotions are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a "offer code"; an offer code may be given directly to you to enter on the Site, or encrypted in a unique URL you use to access the Site - in either case, the code is designed for one-time use and may expire at any time without further written notice. 2. To accept this limited time subscription promotion, you will be required to provide an accurate, current billing address, and you must register as a member of the Site, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to full membership on the Site, when you agree to pay in full for the subscription period indicated of Site membership at the regular or discounted price disclosed in the offer. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel and you will continue to receive periodic bills for the service. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers. III. Third Party Content Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on this Site or on sites that are linked to this Site, including information providers, are those of the respective third parties, and not Wave Nine. Wave Nine does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Wave Nine neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any site that might be linked to this Site by anyone other than an authorized Wave Nine representatives acting in their official capacity. IV. General Terms and Conditions A. MINIMUM AGE REQUIREMENTS You must be 14 years of age or older to sign up for the Services. B. PERSONALLY IDENTIFIABLE INFORMATION At certain points in using this Site, you will be asked to provide information to us. Wave Nine collects two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect may include but is not limited to, your first and last names, your street address (including the city, state and zip code), and your telephone number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences. For information regarding Wave Nine’s Privacy Policy, see our complete Privacy Policy. You agree that you have read and understand this Privacy Policy and that you shall be bound by its terms and conditions as part of this Agreement. You agree that as part of the service provided on the Site, you shall receive periodic email communications from Wave Nine. You affirmatively consent to receive those emails without regard to any previous request you might have made to opt-out of receiving additional emails. Because email communications are critical to the services provided on this Site, you cannot maintain your subscription to the Site and opt-out of receiving email from Wave Nine. Therefore, if you use the opt-out mechanism provided by in our Privacy Policy or in any subsequent email sent to you, Wave Nine shall have the right, but not the obligation, to terminate your account and, notwithstanding any other provision of this Agreement, shall not have the obligation to refund you any or all of your payments. C. SUBMISSION POLICY By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") you hereby grant the following rights: To Wave Nine or their designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials (excepting only your birth date, height, weight, gender and other data entered by you upon the initial configuration of your account (collectively "Configuration Data") and any data entered by you while using the Site to interact with, retrieve, or generate your personalized exercise or surf log information (collectively "Application Data")) in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials, and you further specifically acknowledge and agree that you waive any and all intellectual property or other rights that you might otherwise claim in connection with any such use. The foregoing license to Wave Nine shall be considered fully paid-up and royalty free, and you specifically agree and acknowledge that your use of the Website, alone or in connection with your receipt of any associated goods or services, is sufficient consideration for the foregoing license. In addition, under no circumstances shall Wave Nine have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Wave Nine’s business through a merger, sale, transfer or license of all or substantially all of the assets of Wave Nine, nor shall the sale or barter of advertising or sponsorship on the Website or any other product sales give rise to any obligation to pay a fee to Subscribers. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Wave Nine’s part and they shall not be liable for any use or disclosure of any such Submission Materials. D. ACCOUNTS, PASSWORDS and SECURITY To open an account, you must complete the registration process by providing Wave Nine with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Wave Nine that is untrue, inaccurate, not current or incomplete, Wave Nine reserves the right to terminate this Agreement and your continued access and use of this Site. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Wave Nine immediately of any unauthorized use of your account or any other breach of security. Wave Nine will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Wave Nine or another party due to someone else using your account or password. E. PROMOTIONS Wave Nine occasionally provide contests, sweepstakes, games and other Wave Nine or third party promotions on this Site. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. F. LIMITED LICENSE Wave Nine grants to you a limited personal, non-exclusive and non-transferable right and license to access this Site and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. G. PROHIBITED ACTIVITIES In connection with your use of this Site, you acknowledge and agree that you will not: 1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site; 2. access this Site by any means other than through the standard industry-accepted or Wave Nine-provided or authorized interfaces; 3. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; 4. impersonate any person or entity, including without limitation, a Wave Nine official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; 5. post or transmit any material that contains a virus or corrupted data; 6. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; 7. use any of the Site's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); 8. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation information such as opinions or notices, commercial or otherwise; 9. violate any applicable local, state, national or international law; 10. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 11. delete or revise any material posted by any other person or entity; 12. manipulate or otherwise display the Site by using framing or similar navigational technology; 13. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Wave Nine product or service if you are not expressly authorized by such party to do so; or 14. use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Wave Nine’s servers or networks, or interfere with any other user's use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to the Site, services, accounts, computer systems or networks connected to Wave Nine through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. H. DISCLAIMER OF WARRANTIES THE SITE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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RELEASE YOU AGREE THAT NEITHER WAVE NINE, NOR THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING). J. LIMITATION OF LIABILITY YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITE THAT NEITHER WAVE NINE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTSOR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE, or (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL WAVE NINE’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING). K. NOTICES Wave Nine may deliver notice to you under this Agreement or any other published policy on the Site by email, a general notice published on the Site or by first class U. S. Mail to the street address provided by you at the time you become a member. Wave Nine will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address: Wave Nine Inc., 300 Clinton Ave, 3rd Floor, Brooklyn, NY 11205 Attn: General Counsel L. GEOGRAPHIC LIMITS OF SERVICE Wave Nine makes no representation or warranty that the content and materials on the Site are appropriate or available for use in locations outside the United States, its territories and possessions and Canada. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Wave Nine reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction we so desire. M. TERMINATION This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Wave Nine, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely. N. ASSIGNMENT You may not assign or transfer your rights or the license granted to you under this Agreement without Wave Nine express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund. Wave Nine may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent. O. MISCELLANEOUS TERMS AND CONDITIONS This Agreement constitutes the entire agreement and understanding between you and Wave Nine and governs your use of the Site, superseding any prior agreements between you and Wave Nine. This Agreement and the relationship between you and Wave Nine shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of law provisions. You and Wave Nine irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Kings, in the state of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Wave Nine to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Wave Nine of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.