Disclaimer User Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY PRIOR TO USING THIS WEB SITE.

BY CLICKING ON THE “Accept” BUTTON BELOW OR THE CHECKBOX ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU (“USER” or “YOU”) HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE “Accept” BUTTON OR CHECKBOX OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR MAKE ANY TRANSACTIONS THROUGH THIS SITE.

TransactionTree™, Inc. (referred to as “we”, “us”, “our” or similar terms) is the owner and operator of this website and the Services (as defined below) sold thereon. Eligibility and User’s Warranties and Representations. We intend that this website and the Services be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, this website and the Services should not be used by minors. If you do not qualify, you are not permitted to use this website or order the Services, and you do not have our consent to do so.

Fraud

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this website.

Links to Third Party Websites

We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

User’s Information

"User’s Information" is defined as any information or other material you provide to us or others in connection with this website. Except as otherwise provided in our Privacy Policy, you are solely responsible for User’s Information and we act as a passive conduit for the online distribution of User’s Information. We reserve, however, the right to modify or remove from this website, all or any portion of User’s Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or this website.

Access and Interference

Use of the Website and Services. The contents of this website are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license and right to access and make personal use of the Services and the website, in order to obtain information about, and/or to purchase the Services. This limited right and license does not include any resale or commercial use of this website or its contents or the Services; any collection and use of any Services, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on this website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of this website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Breach

Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy

Our current Privacy Policy is available on this website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.

Warranty Disclaimers and Liability Limitations

We are the provider of the various services described and/or offered for sale on this site (collectively the “Services”). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THIS WEBSITE OR THE SERVICES. WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE SERVICES OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this WEBSITE OR THE SERVICES, ALL OF which ARE provided “as is”, and without warranties OF ANY KIND. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE SERVICES OR FOR USE OF THIS WEBSITE, IF ANY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this website or the Services. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Indemnity

You agree to indemnify, defend and hold us, our subsidiaries and affiliates, and each of their and our officers, directors, agents, owners, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this website; and (vi) your use of this website or the services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.

Release; Covenant Not To Sue.

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our or their officers, directors, owners, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Services or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on this website (i.e., if we fail to deliver Services to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to 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."

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at “2526 Mount Vernon Rd. Suite B 368, Dunwoody, Ga. 30338” and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration

Any controversy or claim between you and us or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of this website or the Services, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

General

Choice of Law, Headings and Non-waiver

This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Georgia, USA without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Georgia. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

Severability

The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement; Amendment

This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our privacy and other policies may change from time to time. We will provide you with email notices regarding any changes to this Agreement. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we notify you by email and thereafter post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the website, or any Services nor continue to purchase any of the foregoing. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation

The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY

By accessing or otherwise using this Website you agree to be bound contractually by this Privacy Policy.

Effective Date: May, 2009

1. Modification of Privacy Policy. We reserve the right to modify this Privacy Policy at any time, upon prior notice to you by email, and by thereafter posting amended terms on this Website. Your continued use after such notice, indicates your acceptance of the amended Privacy Policy. You should check this Privacy Policy periodically for modifications by referencing the Effective Date posted above.

2. Additional "Click-Wrapped" Agreements. This Privacy Policy provides our general policies regarding the collection and use of private information and our use of email to contact you. We reserve the right to offer to you participation in such additional agreements in "click-wrapped" format (where you may indicate your agreement by clicking on a button or icon) that may provide specific exceptions to these general policies. If there is any inconsistency or conflict between this Privacy Policy and any such "click-wrapped" agreement, the "click-wrapped" agreement shall prevail.

3. Privacy Statement. TransactionTree Inc. operates this Website. All references to "we", "us", “our” and similar terms shall refer to TransactionTree Inc.. We regard the privacy and security of user information as a critical component of the services that we offer to our users. The following information explains our information gathering and dissemination practices.

4. Registration Data. We reserve the right to require you to register to receive certain benefits or services and to provide certain registration data including your name, country, zip code or postal code (as appropriate) and email address ("Registration Data").

5a. Personally Identifiable Data. Personally identifiable information is any information that concerns you individually or can be used to identify or contact you (“Personally Identifiable Information”). For example, the Registration Data includes Personally Identifiable Information as does any other information you submit that identifies you individually. We will not collect any Personally Identifiable Information from you unless you voluntarily submit such information to us. Therefore, if you do not want us to obtain any Personally Identifiable Information about you, do not voluntarily submit such information to us. You do not have to provide us with any Personally Identifiable Information to visit or browse our website. However, if you choose to withhold requested information, you may not be able to visit or view all sections of our website or receive any of our services. If you become a registered user and make postings on the website, we may collect information about your postings. This information may include, without limitation, areas of our website on which you post, the content of your post, posts that responded to, and the individuals or entities with whom you communicate. You may also choose to communicate with us through email, via our website, via telephone, in writing, or though any other means. We collect all information in these communications, and because such information may be Personally Identifiable Information, we will only use such information in accordance with this Privacy Policy.

5b. Automatic Collection of Non-Personally Identifiable Information. When you visit or browse our website, or become a registered user of our website, we may also collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender) (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information may also include certain anonymous information about the type of browser you use, the server name and IP address through which you access the Internet (such as “aol.com” or “earthlink.net”), the date and time you access our website, the pages you access while on our website, and the Internet address of the website, if any, from which you linked directly to our website. Non-Personally Identifiable Information is used to help us to understand the characteristics of people who visit our website and to improve and market our website in general. In the event that we link any Non-Personally Identifiable Information with Personally Identifiable Information, we will treat such information as Personally Identifiable Information and only use such information in accordance with this Privacy Policy.

5c. Information We Use. We may use the Personally Identifiable Information collected through our website primarily for such purposes as:

• helping to establish and verify the identity of users;
• opening, maintaining, administering and servicing users’ accounts or memberships;
• processing postings and sending related communications; providing services and support to users;
• improving our website, including tailoring it to users’ preferences;
• responding to users’ questions, inquiries, comments and instructions;
• maintaining the security and integrity of our systems;
• and fulfilling user’s Product orders.

In general, we use the Personally Identifiable Information collected on our website to help us understand who uses our website and how it is used, to personalize your experience, to assist you in using our website and to improve our website. If you become a registered member of our website, we may use your information to send you a welcoming email that may confirm your user name and password. If you decide to “opt-in” we may send you electronic newsletters, contact you about online services, related information and news items that may be of interest to you, and provide you with targeted feedback. If you decide you no longer want to receive these communications from us, we will provide you with an option to “opt-out” and change your preferences We also use the Non-Personally Identifiable Information collected automatically by our servers primarily to help us administer and improve our website.

6. Cookies. Cookies are pieces of information that a web site transfers to your computer's hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of a web site if you do so. We reserve the right to use cookies to collect demographic and profile data for purposes of delivering content specific to your interests. Advertisers that display ads on our Website may also use cookies; however we do not have access to the information obtained from cookies issued from other sites.

7. IP Addresses. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as "traffic data" so that data (such as the web pages you request) can be sent to you. We will not use your IP address to attempt to identify your personal information.

8. Referrers. A Referrer is the information passed along by a web browser that references the Web URL you linked from, and is automatically collected by our web server as "traffic data". We reserve the right to use this information to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.

9. System Information. System information that we collect as part of "traffic data" includes time, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a web site. We reserve the right to use this information for purposes of identifying broad demographic trends and may be used to provide information appropriate for your computer system. You will not be personally identified from this information.

10. Sharing of Information. We feel strongly that your personal data should only be seen by you, unless you choose to share it with others. We will never sell, rent, license or exchange personally identifiable data with a third party without your permission, except as otherwise provided. No personally identifiable data or information will be shared with advertisers or partners without your permission. Some of your information may be shared on an aggregate basis only, as a part of a larger set of statistics (for example, statistics that indicate the percentage of our members that are female), but that information will not be sufficient to permit the recipient to identify you. Notwithstanding the forgoing, we will only disclose personally identifiable data without your permission in the following limited circumstances: (i) if we are required to do so by law, or (ii) if we have the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on us, or to protect and defend this site's rights or property or the rights or property of an account holder of this site, or as otherwise provided in this policy. We may disclose Personally Identifiable Information about you to our affiliates. For the purpose of this Privacy Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with this Privacy Policy. We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our website. For instance, we may provide information to third parties regarding the number of unique users who visit our website, the demographic breakdown of the registered users of our website, or the activities that visitors to our website engage in while on our website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties. We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to our website and online products, such as hosting and maintaining our message boards or chat rooms and developing applications for our website and e-mail services or processing payments and making deliveries. These Outside Contractors may sometimes have limited access to information collected on our website, including your Personally Identifiable Information, in the course of providing products or services to us. Access to your Personally Identifiable Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors (i) protect the privacy of your Personally Identifiable Information in a manner consistent with this Privacy Policy, and (ii) not use or disclose your Personally Identifiable Information for any purpose other than providing us with the products or services for which we contracted.

11. Other Web Sites, Links, And Advertisers. This website contains links to other web sites. We reserve this right to have advertisers or other third parties on this website who may also have links on this website and may link to this website. The privacy practices of advertisers or web sites linked to this website are not covered by this privacy statement, and we are not responsible for the privacy practices or the content of such web sites. Additionally, if you make a purchase from a store or merchant listed on or linked to this website, any information that you give, such as your credit card number and contact information, is provided to those merchants. These merchants have separate privacy and data collection practices, and we have no responsibility or liability for these independent policies. You should be careful to review any privacy policies posted on any of these sites before signing up with and using them.

12. Security. Information collected by this website is stored in secure operating environments that are not available to the public. Our employees are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.

13. No Liability for Acts of Third Parties. Although we will use reasonable efforts to safeguard the confidentiality of your personally identifiable information (including credit card information), transmissions made by means of the Internet cannot be made absolutely secure. We will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties. In addition, we will release specific information about you to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of security or a physical threat to you or others. Please note that if you give out personal identification information online -- that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

14. Transfer of Your Information. As we continue to develop our activities, we might acquire or buy other entities or assets. In such transactions, customer information generally is one of the transferred assets. Also, in the event that all or substantially all of our entity or assets are acquired, both personally identifiable and non-personally identifiable user and customer information will be one of the transferred assets.

15. Minors. This website is directed toward and designed for use by persons aged 18 or the age of majority in the jurisdiction in which you reside. We will not approve applications of, or establish or maintain accounts or memberships for, any child that we knows to be under the age of 18. We do not solicit or knowingly collect Personally Identifiable Information from children under the age of 18. If we nevertheless discover that we have received Personally Identifiable Information from an individual who indicates that he or she is, or that we otherwise have reason to believe is, under the age of 18, we will promptly delete such information from our systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or promptly deleted from our files by contacting our Privacy Coordinator at the telephone number or address set out below.

16. Contact Us/Review Your Information/Opt-Out. If you have submitted personally identifiable information through this site, or if someone else has submitted your personally identifiable information, and you would like to review, request changes or have that information deleted from our databases, please contact us via e-mail or send a letter to our Privacy Compliance Coordinator at the address indicated below. We will then use reasonable efforts to change or remove your personally identifiable information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. You may also contact us through either of the above methods to request or review the personally identifiable information that we have collected about you. We will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. Our contact information is as follows:

TransactionTree Inc.

2526 Mount Vernon Rd. Suite B 368

Dunwoody, Ga. 30338

Contact: info@transactiontree.com

Telephone: 1-888-803-9990