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MONITORING SERVICE AGREEMENT TERMS AND CONDITIONS: THAT FOR THE CONSIDERATIONS AND COVENANTS HEREINAFTER SPECIFIED, THE PARTIES HERETO, THEIR HEIRS, SUCCESSORS AND ASSIGNS DO MUTUALLY COVENANT AND AGREES) AS FOLLOWS: THE COMPANY AGREES TO FURNISH AND PREPROGRAM TO SUSCRIBER(S) A MEDICAL ALARM SYSTEM (THE “SYSTEM”) HEREINAFTER DEFINED, AND TO MONITOR SAME ON THE TERMS AND CONDITIONS HEREIN PROVIDED. THE PARTIES HERETO AGREE AND UNDERSTAND THAT ALL EQUIPMENT SHALL REMAIN THE PERSONAL PROPERTY OF THE COMPANY. CONTRACT: THIS IS A CONTRACT BETWEEN THE SUSCRIBER(S) AND THIS MEDICAL ALARM SERVICE COMPANY, CALLED THE "COMPANY" OR "HOMECARE ANGEL" AND INCLUDING THE HEALTH CARE ORGANIZATION MARKETING THE PRODUCT AND MONITORING COMPANY. SUSCRIBER(S) MEANS ANYONE BEING MONITORED BY THE SYSTEM AND INCLUDES ANY OTHER TERM USED FOR SUSCRIBER(S), INCLUDING BUT NOT LIMITED TO CUSTOMER. SUSCRIBER(S) AND THE MEDICAL ALARM AGREE TO ALL THE PROVISIONS SET FORTH ON THIS FORM. BY SUBMITTING THIS AGREEMENT ON LINE, ALL SUBSCRIBER(S) AGREE THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO ALL THE TERMS OF THIS AGREEMENT. THE MONTHLY MONITORING CHARGE WILL BEGIN THE DATE THE SYSTEM IS RECEIVED BY SUSCRIBER(S). THIS CONTRACT, WHICH IS MONTHLY, QUARTERLY, OR YEARLY, WILL AUTOMATICALLY RENEW ITSELF UNLESS EITHER PARTY GIVES 30 DAY WRITTEN NOTICE OF ITS INTENT TO CANCEL. I UNDERSTAND THERE IS A THREE MONTH MINIMUM FOR SERVICE. FAILURE TO RETURN ALL EQUIPMENT WILL RESULT IN A CHARGE OF $350.00. THE DATE OF FINAL BILLING SHALL BE THE LAST DAY OF THE MONTH THAT THE COMPANY ACTUALLY RECEIVES THE EQUIPMENT. THE INTEREST RATE FOR ANY OUTSTANDING BILL OR INVOICE SHALL BE AT THE RATE OF 18% OR THE MAXIMUM ALLOWED BY LAW. THE COMPANY MAY IMPOSE A LATE FEE OF $10.00 PER MONTH ON ANY PAST DUE ACCOUNT. CUSTOMER OBLIGATIONS: CUSTOMER AGREES TO READ AND UNDERSTAND THIS AGREEMENT PRIOR TO INSTALLATION. CUSTOMER IS RESPONSIBLE TO INFORM COMPANY OF ANY CHANGES OF INFORMATION SUPPLIED FOR USE DURING EMERGENCIES. IF UPDATES NOT SENT REGISTERED MAIL OR BY THE INTERNET, THE COMPANY SHALL NOT BE RESPONSIBLE FOR BECAUSE OF THE POSSIBILITY THE UPDATE NOT BEING RECEIVED BY THE COMPANY. FORCIBLE ENTRY: SUSCRIBER(S) AUTHORIZES THE COMPANY IN ITS SOLE DISCRETION TO AUTHORIZE FORCIBLE ENTRY TO GAIN ACCESS TO SUSCRIBER(S) PREMISES IN THE EVENT THE SYSTEM EMITS A SIGNAL TO THE CENTRAL STATION AND THE SUSCRIBER(S) DOES NOT ANSWER TELEPHONE OR CANNOT BE HEARD THROUGH THE UNIT’S MICROPHONE. SUSCRIBER(S) DOES HEREBY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY WHATSOEVER AS A RESULT OF SAID FORCIBLE ENTRY. MEDICAL OR RELATED EXPENSES: IN THE EVENT THE SUSCRIBER(S) OR ANY ONE AT THE SUSCRIBER(S) RESIDENCE UTILIZES THE SYSTEM BY GIVING THE CENTRAL STATION SIGNAL, THE SUSCRIBER(S) DOES HEREBY AUTHORIZE THE COMPANY TO SEEK TO NOTIFY OR OBTAIN ASSISTANCE. THE SUSCRIBER(S) SHALL BE OBLIGATED FOR AND AGREES TO PAY ANY COST AND EXPENSES INCURRED INCLUDING, BUT NOT LIMITED TO, AMBULANCE, PHYSICIAN OR OTHER MEDICAL ASSISTANCE IN OBTAINING ASSISTANCE, OR COST WHATSOEVER INCURRED AS A RESULT OF THE SUSCRIBER(S) USE OF THE SYSTEM. THE SUSCRIBER(S) AGREES TO SUPPLY 24-HOUR 110 VOLT CIRCUITS AS REQUIRED TO POWER THE SYSTEM, AND THE APPROPRIATE TELEPHONE SERVICE OR ANY OTHER EQUIPMENT THAT MAY BE DEEMED NECESSARY BY THE COMPANY. THE CUSTOMER SHALL PROVIDE A RJ31X STANDARD TELEPHONE JACK INSTALLED AND BILLED BY THE TELEPHONE COMPANY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY COST OF PART AND/OR LABOR ASSOCIATED WITH ADAPTING THE SUSCRIBER(S) TELEPHONE SYSTEM FOR USE WITH THE SYSTEM. IF THE SUSCRIBER(S) SHOULD CHANGE THEIR SERVICE TO VOICE OVER INTERNET PROTOCOL (VIOP) OR ANYTHING OTHER THAN A TRADITIONAL LAND LINE CARRIER, THE COMPANY MUST BE NOTIFIED IN WRITING AND A TEST SIGNAL MUST BE SENT AFTER CONVERSION. THE COMPANY IS NOT RESPONSIBLE FOR INTERRUPTION IN SERVICE DUE TO FAILURE BY ANY THIRD PARTY PROVIDERS. INTERRUPTIONS IN SERVICE: THE COMPANY ASSUMES NO LIABILITY FOR DELAYS IN EQUIPMENT INSTALLATION, INTERRUPTION OF SERVICES DUE TO STRIKES, RIOTS, FLOODS, FIRES, ACTS OF GOD, MECHANICAL OR ELECTRICAL EQUIPMENT FAILURES, OR ANY CAUSE BEYOND THE CONTROL OF THE COMPANY, AND WILL NOT BE REQUIRED TO SUPPLY SERVICE WHICH SAID INTERRUPTION MAY CONTINUE. MISUSES AND ABUSE OF SYSTEM: IN THE EVENT THE SUSCRIBER(S) VIOLATES ANY PART OF THIS AGREEMENT MISUSES OR DAMAGES THE SYSTEM OR CAUSES AN EXCESSIVE NUMBER OF FALSE ALARM, THE COMPANY MAY SUSPEND ALL SERVICE AND TERMINATE THIS AGREEMENT UPON GIVING TEN (10) DAYS WRITTEN NOTICE TO THE SUSCRIBER(S). THE COMPANY RETAINS THE RIGHT TO TERMINATE SERVICE FOR ANY REASON AFTER GIVING 10 DAYS WRITTEN NOTICE TO THE CUSTOMER. CUSTOMER AUTHORIZES COMPANY TO RELEASE ANY INFORMATION PROVIDED ON THE CUSTOMER FORMS TO ANYONE AS DEEMED NECESSARY BY COMPANY. NO WARRANTY OR REPRESENTATION: THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED OR THE SYSTEM WILL PREVENT PERSONAL INJURY, LOSS OF LIFE OR PROPERTY, OR DAMAGE, OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. THE COMPANY EXPRESSLY DISCLAIMS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SUSCRIBER(S) HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY. THE SUSCRIBER(S) ACKNOWLEDGES THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE COMPANY OR IT'S AGENTS, SERVANTS OR EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY UNLESS INCLUDED IN THE AGREEMENT IN WRITING. TESTING OF THE SYSTEM: THE PARTIES HERETO AGREE THAT THE EQUIPMENT IS IN THE EXCLUSIVE POSSESSION AND CONTROL OF THE SUSCRIBER(S) AND THIS IT IS THE SUSCRIBER(S) SOLE RESPONSIBILITY TO TEST THE OPERATION OF THE EQUIPMENT AND TO NOTIFY THE COMPANY, IN WRITING, IF ANY EQUIPMENT IS IN NEED OF REPAIR OR SERVICES. ANY NOTIFICATIONS BY THE SUSCRIBER(S) WILL BE BY REGISTERED MAIL. THE COMPANY SHALL HAVE A PERIOD OF FIVE (5) DAYS AFTER SUCH WRITTEN NOTICE WITHIN WHICH TO PROVIDE SERVICE EXCLUSIVE OF WEEKENDS AND HOLIDAYS. IN THE EVENT SUSCRIBER(S) MOVES THE SYSTEM FROM THE LOCATION WHERE IT IS ORIGINALLY INSTALLED, OR IN CASE ANY UTILITY SUCH AS THE TELEPHONE COMPANY OR POWER SUPPLIER MAKES ANY REPAIR OR INTERRUPTS SERVICE, SUSCRIBER(S) AGREES TO IMMEDIATELY NOTIFY THE COMPANY AND TO RETEST THE SYSTEM THEREAFTER. THE COMPANY CAN NOT GUARANTEE IN ANY WAY THAT THE SYSTEM WILL PREVENT ACCIDENTS, DEATH OR PERSONAL INJURY TO YOU OR OTHER, FIRE, PROPERTY DAMAGE, ILLEGAL ENTRY OR UNDUE DELAY IN ANY EMERGENCY SERVICE RESPONSE FROM OCCURRING AND IS NOT LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE RESULTING THERE FROM. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS OR DAMAGE CAUSED BY PERSONS RESPONDING, FAILING TO RESPOND, OR FAILING TO RESPOND PROMPTLY TO CUSTOMER’S ALARMS. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS OR DAMAGE CAUSED IN WHOLE OR IN PART BY DAMAGE TO THE EQUIPMENT WHILE IN SUSCRIBER(S) POSSESSION, IMPROPER INSTALLATION, UNREASONABLE USE OR ABUSE OF THE EQUIPMENT, FAILURE TO PROVIDE PROPER MAINTENANCE OR TO FOLLOW THE WRITTEN INSTRUCTIONS . SELF-PROTECTION/SUSCRIBER(S) DUTIES: THE SUSCRIBER(S) UNDERSTANDS THAT THE SYSTEM IS USED TO MONITOR THE SUSCRIBER(S) HOME. IT DOES NOT ASSURE SUCH PROTECTION. SUSCRIBER(S) IS ENCOURAGED TO AND AGREES WHENEVER PRACTICAL TO USE ALL OTHER SAFETY AND MEDICAL DEVICES AND TECHNIQUES AVAILABLE TO THE SUSCRIBER(S) FOR SUCH PROTECTION. AVAILABLE DEVICES AND TECHNIQUES ARE TOO NUMEROUS TO LIST BUT INCLUDE AND ARE NOT LIMITED TO BASIC HEALTH PRECAUTIONS AND ADHERENCE TO PHYSICIAN’S DIRECTIONS AND RECOMMENDATIONS. SYSTEM USE/SUSCRIBER(S) DUTIES: THE SUSCRIBER(S) UNDERSTANDS THAT CERTAIN LAWS, RULES, REGULATIONS AND ORDINANCES IMPOSED BY THE GOVERNMENTAL AUTHORITIES, UTILITIES, BUSINESSES, HOMEOWNERS ASSOCIATIONS, AND/OR OTHER ENTITIES MAY AFFECT THE SUSCRIBER(S) RIGHTS IN RELATION TO THE INSTALLATION AND SERVICE OF THE SYSTEM. THE SUSCRIBER(S) AGREES TO OBTAIN AND MAINTAIN IN CURRENT STATUS ALL LICENSES OR PERMITS OR OTHER AUTHORIZATIONS NECESSARY FOR THE INSTALLATION AND USE OF THE SYSTEM. THE SUSCRIBER(S) SHALL CAREFULLY USE THE SYSTEM AND INSTRUCT ALL MEMBERS OF HIS (HER) HOUSEHOLD AND OTHER POTENTIAL USERS IN THE PROPER USE OF THE SYSTEM. CUSTOMER AGREES TO PAY ANY AN ALL COST AND CHARGES FOR ALARMS ACTIVATED UPON CUSTOMER REQUEST OR ANYONE ELSE AT CUSTOMERS PREMISES, WHETHER ALARM WAS INTENDED OR ACCIDENTAL. PHYSICAL RESPONSE: THE SUSCRIBER(S) IS ADVISED THAT CERTAIN AREAS OF THE COUNTRY HAVE IN EXISTENCE REQUIREMENTS THAT WHEN AN ALARM MONITORING SERVICE REPORTS A MEDICAL ALARM TO A RESPONDING AGENCY, THAT IT MUST ALSO REPORT SUCH ALARMS TO AN ENTITY AVAILABLE TWENTY-FOUR HOURS EACH DAY WHICH IS CONTRACTUALLY OBLIGATED TO RESPOND TO THE EMERGENCY WITHIN ONE HOUR OR WITHIN ANOTHER DESIGNATED TIME. SUSCRIBER(S) AGREES AND UNDERSTANDS: THAT COMPANY IS NOT AN INSURER, AND THAT THE AMOUNT CHARGED IS BASED ONLY ON THE VALUE OF THE MONITORING SERVICES PROVIDED, AND THAT INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE IN, ABOUT OR TO THE PREMISES SHALL BE OBTAINED BY THE SUSCRIBER(S), THAT COMPANY MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANT ABILITY OR FITNESS FOR PURPOSE , THAT THE EQUIPMENT AND SERVICES ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OR LOSS AND THE AMOUNT BEING CHARGED BY THE COMPANY ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR. THE COMPANY IS NOT LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO CONTEMPORANEOUS WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE EQUIPMENT, OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO FACILITIES NECESSARY TO OPERATE THE SYSTEM OR ANY CENTRAL STATION THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF THE COMPANY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH OR ARISES OUT OF OR FROM, OR RESULTS FROM THE REMOTE PROGRAMMING OR MONITORING OF ANY EQUIPMENT OR SYSTEM, AND/OR THE DISPATCH OF INDIVIDUALS TO THE PREMISES, AND/OR THE FAILURE OR FAULTY OPERATION OF THE SYSTEM EQUIPMENT OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JO8INT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY AN/OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS, INCLUDING WITH LIMITATION, ACTS, ERRORS OR ;OMISSION WHICH OCCUR PRIOR TO CONTEMPORANEOUSLY WITH OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM'S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND /OR BREACH OR WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR DISTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT, OR EQUITY, INCLUDING WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250 AND THIS LIABILITY SHALL BE EXCLUSIVE IN THE EVENT THAT THE SUSCRIBER(S) WISHES TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, SUSCRIBER(S) MAY, AS A MATTER OR RIGHT, OBTAIN FROM COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IS SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY AS AN INSURER. SUSCRIBER(S) AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND LAWSUITS WHICH MAY BE ASSERTED AGAINST OR INCURRED BY COMPANY BY OR DUE TO ANY PERSONS NOT A PARTY TO THIS AGREEMENT, INCLUDING SUSCRIBER(S) INSURANCE OR BONDING COMPANY, FOR ANY EXPENSE, LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, STATUTORY CIVIL DAMAGES, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, ARISING OUT OF THE DESIGN, SALE, LEASE, INSTALLATION, REPAIR, SERVICE, DISPATCH, MAINTENANCE, MONITORING, RECORDING OF COMMUNICATIONS, OPERATION OR NON-OPERATION OF THE EQUIPMENT, SYSTEM OR CENTRAL STATION FACILITIES, WHETHER DUE TO THE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY OR ITS AGENTS, SERVANTS, EMPLOYEES, SUPPLIER, OR SUBCONTRACTORS, BREACH OF CONTRACT, EXPRESS OR IMPLIED, BREACH OF WARRANTY, EXPRESS OR IMPLIED, PRODUCT OR STRICT LIABILITY, AND/OR ANY CLAIM FOR CONTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT, OR EQUITY. IF THE SYSTEM FAILS TO FUNCTION DURING THE TERM OF THIS CONTRACT OR ANY RENEWAL THEREOF DUE TO A DEFECT IN MATERIALS, WORKMANSHIP OR DESIGN, THE COMPANY, AT ITS SOLE OPTION, REPAIR OR REPLACE THE SYSTEM AT ITS EXPENSE, AND SHALL BE CUSTOMERS SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY BY COMPANY. THE FOREGOING LIMITED WARRANTY DOES NOT COVER FAILURE TO FUNCTION CAUSED BY DAMAGE TO THE SYSTEM WHILE IN SUSCRIBER(S) POSSESSION, IMPROPER INSTALLATION, UNREASONABLE USE OR ABUSE OF THE SYSTEM, FAILURE TO PROVIDE PROPER MAINTENANCE OR TO FOLLOW WRITTEN INSTRUCTIONS PROVIDED. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE SUSCRIBER(S). NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE OR USE, ARE LIMITED IN EXTENT AND DURATION AS SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE COMPANY DOES NOT GUARANTEE THE PERFORMANCE OR THE AVAILABILITY OF IT’S WEBSITE AT A PARTICULAR TIME OR FOR A PARTICULAR PURPOSE, NOR DOES IT GUARANTEE, REPRESENT, OR WARRANT THAT THE WEBSITE WILL BE WITHOUT ERRORS, FREE OF ANY VIRUSES, OR OTHER EFFECTS, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. THE COMPANY RESERVES THE RIGHT AT ANY TIME WITHOUT NOTICE TO AMEND, LIMIT, MODIFY, SUSPEND, OR TERMINATE THE WEBSITE. THE COMPANY VALUES YOUR RIGHT TO PRIVACY ON THE WEBSITE, AND WILL NOT SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES. IT IS THE SUSCRIBER(S) RESPONSIBILITY TO NOTIFY YOUR FINANCIAL INSTITUTIONS OF ANY LOSS, THEFT, OR UNAUTHORIZED USE OF CREDIT CARD OR BANK NUMBERS. THE SUSCRIBER(S) AGREE BY SUBMITTING THE COMPLETED WEB ORDER FORM, YOU OFFER TO PURCHASE PURSUANT TO THIS AGREEMENT, THE ITEM(S) YOU SELECTED. YOU REPRESENT AND WARRANT TO THE COMPANY THAT THE USE OF YOUR CREDIT CARD OR BANK ACCOUNT IS AUTHORIZED AND LEGAL. SUBSCRIBER AGREE’S THAT ALL NOTICES TO COMPANY SHALL BE RETURN RECEIPT, SIGNATURE REQUIRED. IF THE COMPANY RECEIVES THE RETURNED EQUIPMENT BEFORE THE END OF THE MONTH, THERE SHALL BE NO PRORATING OF FEES. BOTH PARTIES AGREE THAT THERE IS NO REFUND FOR EARLY TERMINATION. THE COMPANY’S ONLINE PRODUCTS AND SERVICES ARE OFFERED ON AN AS IS OR AS AVAILABLE BASIS, AND MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY OR SUFFICIENCY OF ANY PRODUCTS OR PRODUCT INFORMATION ON THE WEB SITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO LOSS OF DATA, VIRUSES, COMPATIBILITY CONFLICTS, UNAUTHORIZED USE OF SUSCRIBER(S) CREDIT CARD, OR OTHER CONSEQUENCE. SUSCRIBER(S)) ARE RESPONSIBLE TO PAY AND FEDERAL OR LOCAL TAXES WITH RESPECT TO THEIR PURCHASES. FULL AGREEMENT: THIS AGREEMENT CONSTITUTES THE FULL UNDERSTANDING BY AND BETWEEN THE PARTIES HERETO, AND MAY NOT BE AMENDED OR MODIFIED, EXCEPT IN WRITING SIGNED BY BOTH PARTIES. THIS AGREEMENT SHALL NOT BE BINDING UPON THE COMPANY UNLESS SIGNED BY AN AUTHORIZED OFFICER. ALL NOTICES WILL BE SENT REGISTERED MAIL. ASSIGNMENT: IT IS SPECIFICALLY AGREED THE SUSCRIBER(S) SHALL NOT BE PERMITTED TO ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY, AND ANY SUCH ASSIGNMENT WITHOUT SUCH PRIOR APPROVAL SHALL BE DEEMED A BREACH OF THIS AGREEMENT. THE COMPANY SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT TO ANY OTHER COMPANY ENGAGING IN THE BUSINESS SIMILAR TO THAT OF THE COMPANY AND UPON SUCH ASSIGNMENT SHALL BE RELIEVED OF ANY OBLIGATIONS CREATED THEREIN. THE ASSIGNED COMPANY SHALL BE ENTITLED TO AVAIL ITSELF OF ANY CONTRACT PROVISIONS OF THIS AGREEMENT, WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF THIS AGREEMENT. INVALID PROVISION: IN THE EVENT THAT ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT SHALL BE INVALID OR INOPERATIVE, ALL OF THE OTHER TERMS THEREOF SHALL REMAIN IN FULL FORCE AND EFFECT. RIGHT OF CANCELLATION: YOU, THE SUSCRIBER(S), MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. GOVERNING LAW: THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF KENTUCKY.

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