NETSEER, INC.

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms of Use (“Terms”) govern your use of the NetSeer web site (the “Site”) provided by the NetSeer, Inc. (“NetSeer,” “we” or “us”). By using this Site, you (“You”) and other users of the Site (collectively, “Users”) agree to these Terms. If You do not agree to these Terms, You may not access or use the Site. We may modify the Terms from time to time without notice to You. You should check these Terms periodically for modifications. The most current version of the Terms is available at: www.NetSeer.com/termsofuse.html. By using the Site following any modifications to the Terms, You agree to be bound by such modifications.

Use of the Site.

The Site is owned and operated by NetSeer. We provide you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in the Site, and except that you may download one copy of materials (other than those which are not provided for download) on a single computer for your personal, noncommercial home use only, provided that you keep intact all proprietary rights notices.

Rules and Limits on and Modifications to the Site.

We reserve the right, for any reason, in our sole discretion and without notice to You, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to You or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Privacy Policy.

In the course of your use of the Site, You may be asked to provide certain information to us. NetSeer’s use of any information You provide via the Site shall be governed by our Privacy Policy available at http://www.NetSeer.com/privacy.html. We urge You to read our Privacy Policy. You acknowledge and agree that You are solely responsible for the accuracy and content of such information.

International Use.

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

Proprietary Rights; Trademarks; Copyright.

NetSeer is the owner of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. The information on the Site is protected by law, including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of NetSeer or other entities. Such trademarks, service marks and trade names may be registered in the United States and/or internationally. NetSeer® and other NetSeer product and service names are trademarks of NetSeer (the “NetSeer Marks”). Without NetSeer’s prior permission, You agree not to display or use the NetSeer Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any NetSeer Mark without the written consent of NetSeer.

Except as otherwise provided herein, or as provided in a license agreement between You and NetSeer (for any music, sound, software or other licensable materials available on the Site), use of the Site does not grant You a license to any Content, features or materials You may access on the Site and You may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by NetSeer. If You make use of the Site, other that as provided herein, in doing so You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

Service Publications.

Except as expressly prohibited on the Site, you are permitted to view, copy and print informational pages available through the Site (i.e. the information available under the “General” heading on the Site – FAQs, Company, News, etc.) subject to your agreement that:

Your use of the information is only for informational, evaluation, personal and noncommercial purposes only;
You will not modify the information or graphics;
You will not copy or distribute the graphics separate from their accompanying text and you will not quote materials out of their context;
You will reproduce and display the appropriate copyright and trademark notices on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy You make; and
You agree that we may revoke this permission at any time and that in such event you will immediately cease your activities related to this permission upon notice from us.

The permission above does not include permission to copy the design elements, look and feel or layout of the Site.

Links from and to the Site.

You may be able to link to third-party web sites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by NetSeer in any way and NetSeer is not responsible for the content, availability, advertising, products, information or use of User information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply NetSeer’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall NetSeer be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. NetSeer reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users.

Permission must be granted by us for any type of link to the Site. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time. Further, permission must be granted by us for the use of web crawlers or web spiders on the Site. To seek our permission, You may write to NetSeer.

Indemnity.

You agree to defend, indemnify and hold NetSeer, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by You, including, but not limited to, any third-party claim that any information or materials You provide infringes any third-party proprietary right.

DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NETSEER DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NETSEER MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NETSEER doES not endorse, warrant or guarantee any products or services offered OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES on OR THROUGH the Site. NETSEER IS not a party to, and doES not monitor, any transaction between Users and third party providers of products or services WITHOUT THE DIRECT INVOLVEMENT OF NETSEER.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL NETSEER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF NETSEER OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF NETSEER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

Applicable Law/Jurisdiction.

You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with NetSeer or relating in any way to your use of the Site resides in the state and federal courts of Los Angeles County, California, and You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Los Angeles County, California, in connection with any such dispute and including any claim involving NetSeer or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Consent to Processing.

By providing any personal information to the Site, all Users, including without limitation Users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Any inquiries concerning these Terms should be directed to: info@netseer.com

Notices.

Notices to You may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You on the Site.

General Information.

The Terms constitute the entire agreement between You and NetSeer and govern your use of the Site, superseding any prior agreements between You and NetSeer. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. The failure of NetSeer to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without NetSeer’s express written consent. The Terms inure to the benefit of NetSeer’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Effective date: January 25, 2008.

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