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Family Zero Divide ©
Service Agreements

CUSTOMIZED TECHNOLOGY SERVICES, INC. WEB SITE USER AGREEMENT

Legal Agreement

Thank you for using the Customized Technology Services, Inc. web site at www.servicesvision.com (our "Site"). These terms and conditions apply to all individuals, companies and organizations that register to use our Site (each such individual, company or organization is referred to in these terms and conditions as "User" or "you"), and constitute a binding, legal agreement ("Agreement") between User and Customized Technology Services, Inc. ("Company").

Please read all the terms and conditions of this Agreement carefully and indicate your acceptance by clicking the "I ACCEPT" button at the end of this Agreement. By clicking the "I ACCEPT" button below or otherwise using our Site, you agree to be bound by the terms and conditions of this Agreement, and you represent and warrant that you have full power, authority and legal capacity to enter into this Agreement and bind your employer, company or organization. Please contact Company at 124 Longbridge Drive, Cary, NC 27518, if you have any questions about this Agreement.

Introduction

User Registration and Information

You represent and warrant that you have completed, or that you will promptly complete, all information in the User Registration form provided by Company on our Site ("User Information") correctly and completely. In the event that any of your User Information changes in the future, you will promptly update your registration information on our Site.

You will have the opportunity to select a User ID and Password during the User registration process. You are solely responsible in all respects for: (a) all use of our Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access our Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding our Site of which you are aware. Company may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for other reasons as determined by Company.

General User Obligations

" You are solely responsible for the content of any information you provide to our Site. You warrant and agree not to:

- Provide any information or other materials that are harassing, defamatory, libelous, profane, obscene, threatening, abusive, unlawful, vulgar, or that reasonable persons would otherwise find offensive

- Use the Company service in any way that is in furtherance of criminal, fraudulent, or other unlawful activity

- Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity

- Provide any information or other material that is the copyrighted, proprietary, or confidential material of a third party without that third party's written consent

- Engage in any spamming or flooding of our Site, or transmit any information, software or other materials constituting a virus, Trojan horse, worm, or other harmful computer programming routine.

Operation of Site

Company may at its discretion suspend or terminate operation of our Site for maintenance or other reasons. In addition, technical and other issues may make our Site unavailable from time to time. Company makes no commitment, warranty or guarantee that our Site will operate in a timely, uninterrupted or error-free manner, or that our Site will meet User's purposes.

Company may also in its discretion modify the features, availability, operation and/or look and feel of our Site from time to time without notice to User.

Payment Terms

You agree to make either monthly or annual payments, in advance, based on the services selected by You. All payments made to Company under this Agreement are non-refundable, shall be made in United States dollars, and if not paid when due will be subject to interest at the rate of eighteen percent annually, or the maximum amount allowed by applicable law if lower, calculated from the date when payment becomes overdue until payment is made. User agrees to pay all federal, state, local and other taxes based on or arising from any payments made to Company arising from this Agreement, or from any transactions entered hereunder, excluding taxes based on Company's net income.

Confidentiality and Privacy

Information about how we treat your User Information is contained in our Confidentiality and Privacy Policy, which is incorporated by reference in this Agreement.

Disclaimers

Our Site and all content, services, materials and Information provided or offered on our Site are provided or offered on an "as-is", "as-available" basis, without representation or warranty of any kind by Company, including but not limited to the implied warranties of merchantability, noninfringement and fitness for a particular purpose.

Limitation of Liability.

In no event shall Company or any of its officers, employees, affiliates, or agents be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of our Site or any transaction entered hereunder, whether in contract, tort or otherwise, even if Company or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Company, officers, employees, its affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or our Site shall not exceed the amount you paid to Company in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action accrues.

Release

In the event that you have dispute with another User of our Site, you hereby release Company (and its officers, directors, agents, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, to the extent applicable, you waive California Civil Code 1542, which says "A general release does not extend to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Term This Agreement is effective until terminated. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Company may terminate or suspend this Agreement immediately if User breaches any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment; disclaimers; limitation of liability; confidentiality; and Company's proprietary rights shall survive termination or expiration of this Agreement.

Miscellaneous

This Agreement constitutes the entire, final and exclusive agreement between the parties and supersedes any and all other prior or contemporaneous oral or written representations or agreements between the parties relating to the subject matter hereof. No amendments or modifications of this Agreement may be made except as set forth in the Agreement and Amendments section below or in a writing, signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

User shall have no right to assign this Agreement or any of User's obligations hereunder. Company may assign this Agreement and any of its rights hereunder to third parties.

The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.

Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of North Carolina, without regard to its choice of law provisions. The parties agree that any dispute involving Company related to this Agreement or our Site that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Raleigh, NC. The arbitration shall be conducted by a single arbitrator with experience. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction.

Each party shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or it subcontractors or suppliers. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labor disturbance or shortage, act of public enemy, failure or delay in transportation, act of any government affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.

Agreement and Amendments

By completing the registration process, clicking the "I ACCEPT" button, and using the Site, you are indicating that you are a corporate or other legal entity in good standing, and you have authority to bind such entity to all of the terms in this User's Agreement. You may print and keep a copy of this Agreement.

Company may change the terms in this User's Agreement from time to time. When the terms are changed, Company will make a posting on our Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Company and discontinue your use of the Site. If you use the Site after Company has posted a change to these terms on our Site, you are agreeing to be bound by all of the changes.

 

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..................................................... © 2006 Customized Technology Services Corporation