Site Terms of Use

Your use of WebEnabled Internet sites that post a link to these Terms of Use (these "Terms") or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms. By using, visiting, accessing, browsing, or attempting to interact with any part of WebEnabled’s Internet sties, you signify your assent to these Terms.

WebEnabled may modify these Terms at any time without notice to you by posting revised Terms on WebEnabled’s sites. Your use of WebEnabled’s sites constitutes your binding acceptance of these Terms, including any modifications that WebEnabled makes.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of these Terms shall control.

WebEnabled has the right, but not the obligation, to take any of the following actions, or possibly other actions, in WebEnabled’s sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of WebEnabled’s Services;

  2. Change, suspend, or discontinue all or any part of WebEnabled’s Services;

  3. Refuse, move, or remove any material that you submit to WebEnabled’s sites;

  4. Refuse, move, or remove any content that is available on WebEnabled’s sites;

  5. Deactivate or delete your accounts and all related information and files in your account;

  6. Establish general practices and limits concerning use of WebEnabled’s sites.

You agree that WebEnabled will not be liable to you or any third party for taking any of these actions.

You understand and agree that WebEnabled’s Services may include communications such as service announcements and administrative messages from WebEnabled, or from WebEnabled’s partners, or from WebEnabled’s affiliates, or from registered developers, or from registered agencies and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that WebEnabled’s Services may include advertisements.

Copyright Notice

All content and graphics created by WebEnabled on WebEnabled’s sites are protected by U.S. copyright, international treaties, and other applicable copyright laws and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, or licensed without the express permission of WebEnabled, which reserves all rights. Reuse of any of WebEnabled content and graphics for any purpose without WebEnabled's permission is strictly prohibited.

DO NOT copy or adapt the HTML or other code that WebEnabled creates to generate pages. It also is covered by WebEnabled's copyright.

Content on WebEnabled’s sites

Our sites include a combination of content that WebEnabled creates, that WebEnabled’s partners create, that WebEnabled’s affiliates create, that registered developers create, that registered agencies create, and that WebEnabled’s users create. All materials published on WebEnabled’s sites, including, but not limited to, websites, web applications, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by WebEnabled’s copyrights or trademarks, or those of WebEnabled’s partners, or those of WebEnabled’s affiliates, or those of registered developers, or those of registered agencies, or by other licenses. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly display, or in any way exploit any of the materials or content on WebEnabled’s sites in whole or in part if you are not licensed to do so.

You are solely responsible for all materials (including but not limited to text, images, websites, web applications, or any other content), whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on WebEnabled’s sites ("Your Content"). You certify that you own all intellectual property rights in Your Content or are legally authorized to use and distribute Your Content. You hereby grant WebEnabled, WebEnabled’s affiliates, and WebEnabled’s partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to display, transfer, transmit Your Content and subsequent versions of Your Content for the purposes of displaying Your Content on WebEnabled’s sites to you and to those parties you have given access to. By choosing to mark Your Content for sale or for free distribution, you further grant WebEnabled, WebEnabled’s affiliates, and WebEnabled’s partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on WebEnabled’s sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) making Your Content accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our site contains content that WebEnabled creates as well as content provided by third parties. This content includes, among other things, reviews, software applications, websites, web applications, and related documents. It also includes information about products and services offered by third parties other than WebEnabled, such as product descriptions, specifications, pricing, availability, and performance. WebEnabled does not guarantee the accuracy, the integrity, or the quality of the content on WebEnabled’s sites, and you may not rely on any of this content. Without limitation, WebEnabled is not responsible for postings by users in the user opinion, message board, or feedback sections of WebEnabled’s sites. You agree that WebEnabled will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. WebEnabled has the right, but not the obligation, to remove any content that may, in WebEnabled’s sole discretion, violate these Terms or that is otherwise objectionable.

Upload Policy

By uploading Your Content, you grant WebEnabled, WebEnabled’s affiliates, and WebEnabled’s partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to display, transfer, transmit Your Content and subsequent versions of Your Content for the purposes of displaying Your Content on WebEnabled’s sites to you and to those parties you have given access to. By choosing to mark Your Content for sale or for free distribution, you further grant WebEnabled, its parent, subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate Your Content with other Content, create derivative works of that Content for any purpose on and through each of the services provided by the sites owned by WebEnabled or its parent, subsidiaries, affiliates, partners or third party licensees, including displaying Your Content in online and print advertisements. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

You represent and warrant that (i) you have the permission of all persons or companies featured in Your Content to upload such Content; (ii) Your Content is your original work and is exclusively owned by you or you have legal authority to distribute Your Content and (iii) you agree to defend, hold harmless and indemnify WebEnabled, and its parent, subsidiaries, affiliates, franchisees, divisions, and advertising and promotion agencies and their respective assignees, employees, officers, directors and agents against any and all claims, including claims of alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by third parties against WebEnabled in connection with Your Content.

You are responsible for posting any conditions and disclosing any and all licenses in effect on Your Content (including, but not limited to, free software, open source, creative commons, or proprietary licenses, etc.) You are also responsible for complying with all licenses connected with Your Content.

You are responsible for keeping Your Content updated with the latest security patches.

You are responsible for keeping your application free from any back doors.

Use of this site and/or uploading Content does not constitute a partnership, agency, employer-employee or a joint venture relationship between you and WebEnabled. Neither party shall incur any liabilities or obligations of any kind (express or implied) for the other, except to the extent, if at all, specifically provided herein.

You give WebEnabled permission to resolve conflicts or complaints related to Your Content on your behalf. This permission may include conflicts with customers, including providing them with refunds if determined to be needed and/or appropriate at WebEnabled’s sole discretion.

Third-party Sites, Products, and Services

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. WebEnabled has no control over sites that are not ours, and WebEnabled is not responsible for any changes to or content on them. WebEnabled’s inclusion on WebEnabled’s sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

You agree that WebEnabled will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate partner/developer/agency or other third party.

Fee-Based Services

Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. All fees are non-refundable. WebEnabled may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Privacy Policy

All of the information that WebEnabled collects from you, such as registration and credit card information, is subject to WebEnabled’s privacy policy.

This privacy policy applies to the U.S. operations of all brands and services within the WebEnabled family.

WebEnabled takes your privacy seriously. Because WebEnabled gathers certain types of information about WebEnabled’s users, WebEnabled wants to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information WebEnabled gathers, how WebEnabled uses it, and how to correct or change it. These privacy practices apply to the Website that you were viewing when you clicked through to this policy, which is operated directly by us, by WebEnabled’s partner, or by WebEnabled’s affiliate.

1. What information does WebEnabled collect?

Our primary goal in collecting personal information is to provide you with the best and most useful content and services. Several of the services and features that WebEnabled offers on WebEnabled’s sites require you to provide WebEnabled with information as a condition of usage. These include access to subscription-only areas, the ability to post opinions, software applications or other content, subscriptions to email newsletters and participation in message boards.

WebEnabled may collect personally identifiable information, such as your name, email address, postal address, phone number, mobile number, credit card information, and other information when you provide it to us. From time to time, WebEnabled may also collect other sensitive information such as your job title, gender, username and password. WebEnabled may also receive information about you from other sources and add it to the information you provided to us.

If you disclose any of your personal information on any of the publicly accessible pages (including but not limited to forums, reviews, application descriptions, etc.), then that information is no longer considered private.

Once you register with one of WebEnabled’s sites you are no longer anonymous to us.

2. What is WebEnabled's practice regarding cookies?

Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to any of WebEnabled’s sites. You do not need to have cookies turned on to visit most of WebEnabled’s sites, although active participation in certain areas of WebEnabled’s sites may require cookies. Cookies alone tell WebEnabled nothing about who you are unless you specifically give WebEnabled personally identifiable information, in which case WebEnabled uses the information to enhance your services in the ways described below.

WebEnabled also uses technologies, including electronic images known as Web bugs-sometimes called transparent GIFs, clear GIFs, or beacons-that allow WebEnabled to track general user-traffic patterns. WebEnabled also automatically receives and records information from WebEnabled’s servers and from your browser, including your IP address, the time of your visit to pages on WebEnabled’s site, and information about pages you visited. Unless you have registered for one of WebEnabled’s products or services, the information WebEnabled gathers through the use of tracking technologies cannot be matched with any personally identifiable information about you.

WebEnabled uses cookies and tracking technologies in a variety of ways, including:

  1. Keeping count of return visits to WebEnabled’s site or WebEnabled’s advertisers' or partners' sites;

  2. Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Website and advertisement usage;

  3. Determining which features WebEnabled’s overall user population likes best;

  4. Saving your password so you don't have to re-enter it each time you visit WebEnabled’s sites;

  5. Displaying the most appropriate advertising or content based on your interests.

WebEnabled allows other companies that are presenting advertisements on WebEnabled’s sites and, sometimes, in WebEnabled’s newsletters to use tracking technology on your computer. WebEnabled does not give any personally identifiable information to them as part of this relationship. Unless you visit the Website of these companies and provide them with personally identifiable information about yourself, these tracking technologies tell those advertisers nothing about who you are. WebEnabled’s advertisers' use of tracking technology is subject to their own privacy policies.

3. How does WebEnabled use the information?

WebEnabled uses the information WebEnabled gathers for four general purposes:

  1. To customize the advertising and the content you see;

  2. To enhance the user experience in WebEnabled’s network of sites. WebEnabled uses tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps WebEnabled continue to build a better service for you;

  3. To fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in paid services, polls, contests, and message boards;

  4. To send you information you agreed to receive about topics WebEnabled thinks will be of interest to you.

4. How does WebEnabled share the information?

a. Personally identifiable information

WebEnabled may make your personally identifiable information available to other companies or people in certain cases, for example when:

  1. You have elected to allow WebEnabled to share that information at the time that you registered with WebEnabled or provided WebEnabled the information, or through a subsequent affirmative election through WebEnabled’s website.

  2. You volunteer information or create a public profile in the course of your participation in WebEnabled’s community features such as forums, user opinions and reviews, chat rooms, photo sharing or other forms of public communication and interaction.

  3. You use cobranded services (i.e., sites or services that WebEnabled offers to you in connection with a partner, who is identified on the site). When you use a cobranded service within WebEnabled’s network of sites, you grant WebEnabled permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.

  4. WebEnabled hires third-party vendors to provide specialized services such as: customer support; email message deployment; suppression, merge and de-duplication services; data processing; billing and invoicing; and special products or services that you have requested. These companies are only allowed to use the information in order to help WebEnabled fulfill WebEnabled’s services to you. WebEnabled does not provide your information to these companies for their own, permanent use. WebEnabled is not liable for any possible misuse of your information by any third-party vendor.

  5. You unsubscribe for a mailing that WebEnabled sends to you on behalf of a third party. WebEnabled may share your removal instruction with the third party so that it may be added to that person's list of people to whom they may not send emails.

  6. You are the winner of a contest or a sweepstakes that is co-sponsored with a third party and that third party needs your information in order to manage the prize fulfillment process.

  7. When required by law, such as when WebEnabled responds to subpoenas, court orders, or legal process.

  8. WebEnabled believes that your actions violate applicable laws, WebEnabled's Terms of Use, or any usage guidelines for specific products or services, or threaten the rights, property, or safety of WebEnabled’s company, WebEnabled’s users, or others.

b. Aggregate information

WebEnabled aggregates personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional, and other purposes. WebEnabled does not disclose to these entities any information that could be used to identify you personally.

c. Business transfers

WebEnabled seeks to improve WebEnabled’s network of Websites and WebEnabled’s business. In accomplishing these objectives, WebEnabled may buy or sell a company, or one or more of the companies in WebEnabled’s family may merge with or be acquired by another company. If WebEnabled sells a business, WebEnabled may transfer some or all of your information as a part of the sale in order that the service being provided to you may continue or for other business purposes.

5. What are my options?

Users who would rather not provide any of the user data requested by WebEnabled’s registration process do not need to register with us. You can still view much of the content and use some of the services offered by WebEnabled’s sites without registering.

WebEnabled also gives users the following options:

  1. Users may remove themselves from mailing lists at any time through the subscription-management pages or by following the instructions at the end of the e-mail they received from us;

  2. Opting not to provide certain personal information when registering for a site, provided, however, that you may not be able to use some of WebEnabled’s products or services without providing WebEnabled with certain information.

6. How can I review and update my personally identifiable information?

You can review, correct, or change the information collected during registration for any of WebEnabled’s sites. The instructions for doing this can be found on your “My Accounts” page. Users may change information at any time and as often as necessary.

7. How will I know if the privacy policy is changed?

Any modifications to WebEnabled’s privacy practices will be reflected first within this area of WebEnabled’s network of Websites. If there is a material change in WebEnabled’s privacy practices, WebEnabled will indicate on WebEnabled’s sites that WebEnabled’s privacy practices have changed and provide a link to the new privacy statement.

Your Conduct on Our Sites

If WebEnabled requests registration information from you, you will provide WebEnabled with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If WebEnabled issues you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify WebEnabled of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. WebEnabled will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

You agree to comply with all the applicable licenses (including, but not limited to, free software, open source, creative commons, or proprietary licenses, etc.)

The technology and the software underlying WebEnabled’s sites and the Services is the property of WebEnabled, WebEnabled’s affiliates, and WebEnabled’s partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying WebEnabled’s sites or the Services. You agree not to modify the software underlying WebEnabled’s sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to WebEnabled’s sites.

Without limiting the foregoing, you agree that you will not use WebEnabled’s sites to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, WebEnabled’s sites, any software or hardware, or telecommunications equipment;

  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have WebEnabled’s written consent to do so;

  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;

  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

  8. Restrict or inhibit any other user from using and enjoying any public area within WebEnabled’s sites;

  9. Collect or store personal information about other end users;

  10. Interfere with or disrupt WebEnabled’s sites, servers, or networks;

  11. Impersonate any person or entity, including, but not limited to, a WebEnabled representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through WebEnabled’s sites or to manipulate your presence on WebEnabled’s sites;

  13. Take any action that imposes an unreasonably or disproportionately large load on WebEnabled’s infrastructure;

  14. Engage in any illegal activities.

You agree to use WebEnabled’s bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in WebEnabled’s sole discretion, is obscene, indecent, abusive or that might otherwise subject WebEnabled to public disparagement or scorn, WebEnabled reserves the right, without prior notice to you, to automatically change your username, delete your posts from WebEnabled’s sites, deny you access to WebEnabled’s sites, take any other action at WebEnabled’s sole discretion, or any combination of these options.

Unauthorized access to or use of WebEnabled’s sites is a breach of these Terms and a violation of the law. You agree not to access WebEnabled’s sites by any means other than through the interface that is provided by WebEnabled for use in accessing WebEnabled’s sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of WebEnabled’s sites, except those automated means that WebEnabled has approved in advance and in writing.

Use of WebEnabled’s sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit WebEnabled’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of WebEnabled’s sites.

Recorded Communications

You understand and agree that any communication with WebEnabled may be electronically recorded at WebEnabled's discretion. Such recorded communications may be shared with third parties as needed. This includes, but is not limited to: support phone calls, helpdesk support requests, product demos, and interviews. Recordings become a property of WebEnabled and reserve the right to store or permanently destroy them without notice.

Indemnification

You hereby agree to indemnify, defend and hold WebEnabled and all of WebEnabled’s officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "WebEnabled Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any WebEnabled Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of WebEnabled’s sites;

  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;

  3. The content, the quality, or the performance of content that you submit to WebEnabled’s sites;

  4. Your connection to WebEnabled’s sites;

  5. Your violation of these Terms; or

  6. Your violation of the rights of any other person or entity.

WebEnabled reserves the right, at WebEnabled’s own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with WebEnabled’s defense of these claims.

Disclaimers

WebEnabled disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. WebEnabled disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from WebEnabled’s sites. WebEnabled disclaims any responsibility for, and if you subscribe to one of WebEnabled’s fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by WebEnabled’s maintenance on the servers or the technology that underlies WebEnabled’s sites, failures of WebEnabled’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of WebEnabled’s facilities, acts of nature, war, civil disturbance, or any other cause beyond WebEnabled’s reasonable control.

WEBENABLED DOES NOT WARRANT THAT WebEnabled’s SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WEBENABLED DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON WebEnabled’s SITES. WebEnabled’s SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH WebEnabled’s SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WEBENABLED NOR ANY OF WebEnabled’s PARTNERS or affiliates MAKES ANY WARRANTY THAT (i) WebEnabled’s SITES WILL MEET YOUR REQUIREMENTS, (ii) WebEnabled’s SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WebEnabled’s SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH WebEnabled’s SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WEBENABLED NOR ANY OF WebEnabled’s PARTNERS or affiliates MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO WebEnabled’s SITES, ANY CONTENT, OR ANY OF WebEnabled’s SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF WebEnabled’s SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WEBENABLED NOR WebEnabled’s PARTNERS or affiliates SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WebEnabled’s SITES, EVEN IF WEBENABLED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WebEnabled’s LIABILITY AND THAT OF WebEnabled’s THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

WebEnabled may elect to resolve any controversy or claim arising out of or relating to these Terms or WebEnabled’s sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Denver, Colorado, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or WebEnabled may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado, necessary to protect the rights or the property of you or WebEnabled (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

WebEnabled may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon WebEnabled’s posting them on WebEnabled’s sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide WebEnabled with accurate information, WebEnabled cannot be held liable if WebEnabled fails to notify you.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WebEnabled’s sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and WebEnabled and govern your use of WebEnabled’s sites, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Colorado, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Denver, Colorado if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Effective date: January, 27 2009