IMPORTANT INFORMATION

This Agreement governs the use of all versions of Pack5 Media’s TVStraightTalk.com on-line consultation product (www.TVstraighttalk.com including its related user instructions and content).

You may not use the Services until you have read this Agreement and indicated your unconditional acceptance of it by selecting the "I agree" button. If you do not accept this Agreement, you should terminate your use of the Services by not selecting the "I agree" button.

As used in this Agreement, the terms "you", "your" or "user" are synonymous, and refer to the person using the Services in any way. A "registered user" is a user from whom Pack5 Media has received the information necessary to generate a personal TV consultation prepared using the Services and who complies with the terms and conditions of this Agreement. Note that you must be a registered user to be eligible for the guarantee and limited warranty described below.

Permitted Uses and Restrictions on Use

You are granted a personal, limited, non-exclusive, non-transferable license to use the Services for a personal TV consultation, after proper registration and any applicable payment and/or print such TV consultation return. You agree that Pack5 Media is not acting as your agent or fiduciary in connection with your use of the Services or any Third Party Services (see below).

Other than the limited license granted to you in this Agreement, Pack5 Media reserves all patent, copyright, trade secret, trade name, trademark and other proprietary rights related to the Services, and you shall not infringe or violate such rights. You shall not attempt to access any other of Pack5 Media’s systems, programs or data that are not made available for public use. Additionally, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, resold, or distributed in any way without Pack5 Media’s written permission. Modification or use of materials on the site for any purpose other than those permitted in this Agreement is a violation of Pack5 Media’s patent, copyright, trade secret, trade name, trademark and/or other proprietary rights.

You agree to review your TV consultation for indications of obvious errors. You are responsible for acquiring and maintaining all equipment, computers, software and communications services (such as long distance phone charges) relating to the access and use of the Services, and for all related expenses and applicable taxes. The payment of all fees and charges to Pack5 Media, if applicable, must be made by your valid credit or charge card (or other payment mechanism made available through the Service) and, except as otherwise provided herein, all fees and charges are non-refundable.

Pack5 Media uses a variety of methods (e.g., Internet, fax and phone) to provide technical support and other assistance in connection with the Services. Pack5 Media announces the terms and conditions governing the offering of such assistance, some features of which have fees chargeable to you, from time to time. Consult Pack5 Media’s web site (currently, www.TVstraighttalk.com/support.php) for the most up-to-date information relating to this assistance and any associated charges.

Security and Data Storage

You are the only person authorized to use your user name and password. You shall not permit or allow other persons to have access to or use your user name and password, except if you choose to provide that information to Pack5 Media’s authorized technical support personnel to assist you. You are responsible for the use of the Services under your user name, and for maintaining the confidentiality of your user name and password. For security purposes, Pack5 Media will not disclose your password if you lose or forget it. Although Pack5 Media has taken reasonable measures to protect the security of your consultation information, Pack5 Media (i) does not guarantee the security of information collected during your use of the Services, (ii) shall not be liable in any way for a compromise of your data, and (iii) except to the extent required by applicable law, has no obligation to store or maintain any information you provide to it. You agree to print or save a copy of your consultation for your records.

Operation

Pack5 Media currently expects to make the Service through December 31, 2005. However, Pack5 Media has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including but not limited to its content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. You should confirm that the pricing for your use of the Services has not changed, particularly if some time has passed between the date you start your TV consultation and the date you finish and are ready to submit or print and pay for it. In addition, Pack5 Media reserves the right, at any time, to change the terms of this Agreement by publishing notice of such changes on its Internet site. Any use of the Services by you after Pack5 Media’s publication of any such changes shall constitute your acceptance of this Agreement as modified. You agree that Pack5 Media is permitted to access and use any consultation and other information provided by you in order to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services to you.

Third Party Services

Services, products, offers and promotions provided by third parties, and not by Pack5 Media, are made available in connection with the marketing, distribution and use of the Services ("Third Party Services"). You are responsible for reviewing and understanding the terms and conditions governing any Third Party Services, and your participation in such Third Party Services indicates your acceptance of such terms and conditions. Pack5 Media is not responsible for the performance of Third Party Service providers in connection with the Third Party Services or otherwise.

Satisfaction Guaranteed for Registered Users

If a registered user is not 100% satisfied with the Services, such registered user shall immediately stop using the Services and contact Pack5 Media’s Customer Service within 60 days of paying for the Services to request a full refund of the fees paid by such registered user (if any) to Pack5 Media for using the Services. Such full refund shall be Pack5 Media and its Participating Parties' (defined below) entire liability and a registered user's exclusive remedy. Please reference your Order Number (provided on the confirmation screen) when requesting a refund.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACK5 MEDIA AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, ADVERTISERS, WEB-LINK PROVIDERS, SUPPLIERS, OR PARTICIPATING PAYROLL PROCESSORS OR FINANCIAL INSTITUTIONS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THEIR RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR TITLE, THEIR MERCHANTABILITY AND THEIR NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Services. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

Pack5 Media does not warrant that the Services are secure, free from bugs, interruptions, errors, or other program limitations. You acknowledge that use of the Internet presents certain risks relating to viruses or other harmful components. You (and not Pack5 Media) assume the entire cost of all necessary servicing, repair, or correction of problems with your software or your hardware caused by viruses or other harmful components.

All warranties or guarantees given or made by Pack5 Media with respect to the Services (1) are for the benefit of the registered user of the Services only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of this Agreement.

LIMITATION OF LIABILITY AND DAMAGES

You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Services or to transmit information (e.g., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to Services or their operation. Pack5 Media is not in any way responsible for any such interference with or prevention of your use of or access to Services.

YOU AGREE NOT TO HOLD PACK5 MEDIA LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF TVSTRAIGHTTALK.COM AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES OR THE THIRD PARTY SERVICES, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACK5 MEDIA AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS OR INVESTMENT OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TVSTRAIGHTTALK.COM OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between Pack5 Media and you. You acknowledge and agree that Pack5 Media would not be able to provide this product on an economic basis without such limitations.

Miscellaneous

Pack5 Media shall have the right to immediately terminate your access to or use of the Services in the event of any activities which are in breach of this Agreement or conduct which, in Pack5 Media’s judgment, interferes with the operation or use of the Services (e.g., excessive usage of the Services which disrupts the use of the Services by other users). Termination of this Agreement automatically terminates your license and authorization to use and/or access Services and any content or other material contained therein. Pack5 Media is entitled to enforce its rights hereunder by an action for damages or for specific performance, injunctive or other equitable relief.

This Agreement sets forth Pack5 Media’s and the Participating Parties' entire liability and your exclusive remedy with respect to the Services, and is a complete statement of the agreement between you and Pack5 Media. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This Agreement does not limit any rights that Pack5 Media may have under trade secret, trademark, copyright, patent or other laws. The employees of Pack5 Media and its Participating Parties are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Pack5 Media, except in a writing signed by an authorized officer of Pack5 Media. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by Texas law as applied to agreements entered into and to be performed entirely within Texas without regard to its choice of law or conflicts of law principles and applicable federal law.

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