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idebit® Terms and Conditions
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE idebit® WEBSITE (the "Site"). Your access and use of this Site, as well as any software provided to you in connection with the Site (the "Software"), is governed by these Terms and Conditions (the "Terms and Conditions"). If you find any of the Terms and Conditions unacceptable, please do not use this Site or the Software. Idebit® a Washington state corporation, and its affiliates and subsidiaries (collectively "We" or such conjugation thereof as the context requires), reserve the right to update or revise these Terms and Conditions, at our discretion. You agree to be bound by subsequent revisions and agree to review the Terms and Conditions periodically for changes to the terms and conditions. The most current version of the Terms and Conditions will be available for your review under the link that appears at the bottom of the Site. We may also offer other services from time to time that are governed by different terms and conditions. For your information, the Terms and Conditions were last June 1, 2007.

Legally Binding, If You Are Under 18 Years Old

You agree that by using the Site or Software that you are at least eighteen (18) years old and that you are legally able to enter into the Terms and Conditions. IF, HOWEVER, YOU ARE LESS THAN 18 YEARS OLD, YOU MUST GET YOUR PARENT'S (OR LEGAL GUARDIAN'S) PERMISSION TO USE THE SITE OR THE SOFTWARE. If you are a parent (or legal guardian) permitting a minor to use the Site or Software, you agree to: (a) be legally bound to these Terms and Conditions, which also means that the term "you" contained throughout the Terms and Conditions refers to you the parent (or legal guardian); (b) supervise the minor's use of the Site or the Software; (c) assume all risks associated with the minor's viewing of content received through use of the Site or the Software and the minor's transmission of materials, content or information to another person via the Site or the Software; (d) assume any and all liabilities resulting from the minor's use of the Site or the Software; and (e) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor to us. If you are a school administrator (teacher or volunteer) assisting a minor in accessing and/or using the Site or the Software, you agree to: (1) receive prior permission from the minor's parent (or legal guardian) to assist the minor in accessing and/or using the Site or Software; (2) supervise the minor's use of the Site or the Software; and (3) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted to us by the minor.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking privacy@idebit.com or under the link titled "Privacy" that appears at the bottom of the Site. Our privacy policy is expressly incorporated into the Terms and Conditions by this reference.

Ownership

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site and the Software, belong to us and our licensors. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. No portion of the materials on the Site may be reprinted or republished in any form without our express written permission.

License

We hereby grant you the right to view and use the Site only for the purpose of accessing information and conducting transactions on the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site. We also grant you a personal, non-transferable, non-exclusive and non-assignable right and license to use the Software, including all files and images contained in or generated by the Software and accompanying data, only for the purpose of accessing information, as well as conducting and/or facilitating transactions on the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site or the Software.

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by us or by any third party.

Compliance with Intellectual Property Laws

When accessing the Site or using the Software, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and the Software is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content or Postings (collectively "Content") in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account.. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

We also respect the intellectual property that belongs to you. Thus, we may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe on your intellectual property rights. If you believe that any material on this Site infringes on any intellectual property that you own or control, or that any link on this Site directs you to another Site that contains material that infringes on any intellectual property that you own or control, you may file a notification of such infringement with us to have the material removed or otherwise blocked from access. Notification procedures are set forth in the section entitled "Addressing Infringement".

Addressing Infringement

We have in place certain legally mandated procedures regarding allegations of intellectual property infringement occurring on the Site or with the Software. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our rights or of a third party or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of infringement brought to our attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

Mr. Daniel Woo, Attorney-at-Law
4701 SW Admiral Way #215
Seattle, WA 9811
Telephone: (206) 937-6161
Email: dwooip@camcast.net

Warranty Disclaimer, Limitation of Damages

THIS SITE AND THE SOFTWARE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE SOFTWARE AND SITE-RELATED SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SOFTWARE OR SITE-RELATED SERVICES, OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR SITE-RELATED SERVICES IS TO STOP USING THE SITE, THE SOFTWARE OR THOSE SERVICES. Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantee whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

Web Site Links and Third-Party Sites

This Site may contain links to other Internet sites that are independent of this Site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Internet site, and any link to another Internet site shall not in any manner be construed as an endorsement by us of that Internet site, or of the products or services described therein. Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these Internet sites or for any damage sustained by users of these Internet sites.

Confidentiality of Use

Your confidential use of this Site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of the Site or the Software.

Security of Account and Password

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information. You may not use the account or password of someone else at any time. You are fully responsible for all conduct carried out under this password and account either with or without your knowledge. In fact, you may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You agree to promptly report any unauthorized use of your password to us.

Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, THE SOFTWARE, ANY SERVICES THEREIN OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Governing Laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to the Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of King in the State of Washington, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce the Terms and Conditions, the prevailing party will be entitled to costs, attorneys' fees, and experts' fees including those in pretrial, trial, arbitration, in proceeding or in any action to enforce an award or judgment.

Severability

In the event that any of the provisions of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.

International Use

We operate and control this Site from Seattle, Washington. At this time, the Site is intended for residents of the United States only. We do not represent that all content, materials and services on our Site are appropriate or available for use in all geographic locations, especially locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You agree not to access the Site where prohibited by law. Further, no Software may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Entire Agreement

Unless otherwise indicated herein, the Terms and Conditions constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled.

Acknowledgement

By accessing and using the Site, you acknowledge that you have read these Terms and Conditions and agree to be bound by them