USER AGREEMENT

1. ACCEPTANCE OF TERMS

This is a contract ("Agreement") between You ("User" or "You") and SendTree, LLC contracting on behalf of itself and its affiliates (collectively "SendTree"). SendTree provides the SendTree Services (defined below) to You subject to the terms and provisions contained in this Agreement. It is important that You read this Agreement before using the SendTree Services. By downloading this mobile app, by accessing or using the SendTree Services, or clicking the "Accept" button while creating an Account (defined below), You agree to be bound by this Agreement. If You do not agree to the terms and conditions of this Agreement, do not access or use the SendTree Services, and/or click the "Accept" button. By using or accessing the SendTree Services, or clicking the "Accept" button, You verify that You are at least eighteen (18) years old. Individuals under the age of eighteen (18) may not use the SendTree Services. This Agreement may be entered into by an individual or an entity. If entered into by an entity, then the individual entering into this Agreement represents that such individual is authorized by the entity to bind the entity to the terms of this Agreement.

SendTree reserves the right to modify or supersede this Agreement at any time and without notice. Your continued use of the SendTree Services constitutes consent and agreement to any revisions to this Agreement. The most recent version of this Agreement can be found at https://www.sendtree.com/user-agreement. You may not modify this Agreement. You agree to review the Agreement on a regular basis and remain in compliance at all times.

2. DESCRIPTION OF SENDTREE SERVICES

SendTree provides You with one or all of the following: a service for purposes of transmitting communications to mobile telephone messaging systems, which is accessible via https://www.sendtree.com or another designated URL, a web-based interface, web-based software, mobile application software, and software tools developed, operated, and maintained by SendTree including any maintenance releases, updates or new sub-versions that SendTree may, at its sole discretion, provide to You (the "SendTree Services").

You understand and agree that the SendTree Services may include certain communications from SendTree, such as service announcements, administrative messages and a SendTree newsletter, and that these communications are considered part of Your Account and You will not be able to opt out of receiving them so long as You maintain Your Account. Unless explicitly stated otherwise, any new features that augment or enhance the current SendTree Services, including the release of new SendTree products or services, shall be subject to this Agreement.

The SendTree Services only process Your communications to the appropriate network. SendTree does not effectuate the final delivery of Your communications. As a result, SendTree is not responsible for the final delivery of any communications initiated by You through the SendTree Services, as this is out of our control and is the responsibility of downstream communications carriers. You understand and agree that the SendTree Services are provided "AS-IS" and that SendTree assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any User communications or personalization settings. You are responsible for obtaining access to the SendTree Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, You must provide and are responsible for all equipment necessary to access the SendTree Services.

3. REGISTRATION OBLIGATIONS

Should you choose to register a SendTree account at https://www.sendtree.com/create-account ("Account"), You represent that You are of legal age to form a binding contract and are not a person barred from receiving the SendTree Services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself when You create an Account. You also agree to maintain and promptly update Your Account information to keep it true, accurate, current and complete. If You provide, or SendTree suspects that You provided, any information that is untrue, inaccurate, not current or incomplete, SendTree may suspend or terminate Your Account and/or this Agreement, and refuse any and all current or future use of the SendTree Services (or any portion thereof).

You will choose a password and username when You create an Account. If you create an Account through a SNS (defined below), You will not receive a separate password and username. Instead, Your Account will incorporate the password and username provided to SendTree by your SNS. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under Your password or Account. You agree to (a) immediately notify SendTree of any unauthorized use of Your password or Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. SendTree cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.

4. PRIVACY POLICY

Data from your Account and certain other information about You are subject to our applicable privacy policy, which may be modified from time to time and is incorporated into this Agreement by reference. For more information, see the full SendTree Privacy Policy at https://www.sendtree.com/privacy-policy. You understand that through Your use of the SendTree Services You consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SendTree and its affiliates.

5. SUBMISSION RULES

You agree that You shall not upload, post, email, transmit, or otherwise distribute or facilitate distribution of any information, including text messages, email, messages, communications, video, software, images, photographs, music, sounds, data, software, hyperlinks, or other information, that:

  1. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this Agreement;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or an otherwise protected class of individual under state or federal law;
  3. infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  6. impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;
  7. harms minors in any way;
  8. collects or stores personal data about other users of the SendTree Services; or,
  9. contains protected health information, individually identifiable health information, or other health information as these terms are defined in 45 CFR Sec. 160.103.

You also agree that when You transmit information to recipients using the SendTree Services, Your identity can be made available to any recipient per the Privacy Policy. Normally recipients should be made aware of Your identity in advance (out-of-band), or during use of the Service's normal communication mechanisms (in-band). If You are obscuring Your identity or otherwise attempting to remain anonymous, which includes behavior such as creating multiple accounts or procuring multiple phone numbers, Your Account usage may be judged as misuse, and Your Account may be terminated immediately.

The SendTree Services generally do not pre-screen, monitor, or edit the content posted or transmitted by users of the SendTree Services. In some circumstances written content or user behavior may trigger mechanisms to moderate both content and activity on the SendTree Services. SendTree and its agents have the right, at their sole discretion, to block or remove any content that, in SendTree's sole judgment, does not comply with the terms of this Agreement or may otherwise be harmful, objectionable, or inaccurate. SendTree is not liable for any failure, delay, damages or results, in removing such content.

You agree that Your use of the SendTree Services may be suspended or terminated immediately upon SendTree's discovery or receipt of any notice which alleges that You have used the SendTree Services in violation of this Agreement and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, You agree that SendTree may disclose Your identity and contact information to any parties SendTree deems appropriate, or Your identity and contact information will be disclosed if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and SendTree shall not be liable for damages or results thereof, and You agree not to bring any action or claim against SendTree for such disclosure.

6. SUBMITTED CONTENT

SendTree does not claim ownership of any information which You submit, disseminate, or otherwise make available through the SendTree Services or communicate to SendTree (collectively "Submissions"). However, You hereby grant to SendTree a worldwide, royalty-free, perpetual, non-exclusive, sublicensable, and transferrable license to use, distribute, reproduce, modify, adapt, publically perform, and publically display, in whole or in part, Submissions for any purpose, and to incorporate Submissions into other works in any format or medium known or later developed. You agree to the Submission rules found here as part of this Agreement and/or provided through the SendTree Services. SendTree shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future SendTree Services or products. You acknowledge that You are fully responsible for all Submissions, including their legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that Your Submissions do not infringe the rights of any third party.

7. MODIFICATIONS TO SENDTREE SERVICES

SendTree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SendTree Services (or any part thereof) with or without notice. You agree that SendTree shall not be liable to You or to any third party for any modification, suspension or discontinuance of the SendTree Services (or any part thereof).

8. TERMINATION

You may terminate Your use of the SendTree Services at any time. You may terminate Your Account by submitting such termination request to SendTree. If You have paid for a monthly service period, termination of Your Account will be effective at the end of that monthly service period.

You agree that SendTree may, without prior notice, immediately terminate, suspend, or otherwise limit Your access to or use of the SendTree Services and/or Your Account. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the SendTree Services (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement by You in fraudulent or illegal activities; and/or, (g) nonpayment of any fees owed by You in connection with the SendTree Services. Further, You agree that all terminations, limitations of access and suspensions for cause shall be made in SendTree's sole discretion and that SendTree shall not be liable to You or any third party for any termination of Your Account or use of the SendTree Services.

Termination of Your Account includes any or all of the following: (a) removal of access to all or part of the offerings within the SendTree Services; (b) deletion of Your password and all related information, files and content associated with or inside Your Account (or any part thereof); and, (c) barring of further use of all or part of the SendTree Services. Upon any such termination, cancellation, and/or suspension, You are still responsible for payment of all amounts accrued and owed by You.

9. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SendTree Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that SendTree shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SendTree Services.

10. LICENSE TO USE THE SENDTREE SERVICES

You acknowledge and agree that the SendTree Services and any necessary software used in connection with the SendTree Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. You further acknowledge and agree that content contained in advertisements or information presented to You through the SendTree Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by SendTree or the applicable licensor (such as an advertiser), You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the SendTree Services, such content or the Software, in whole or in part.

SendTree owns or has licensed all right, title, and interest to the Software, including without limitation, all changes, additions, and corrections to the Software. SendTree grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on single computer; provided that You do not, and do not attempt to, (and do not allow any third party to, or attempt to) copy, modify, create a derivative work from, 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, nor to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the SendTree Services. You agree not to access the SendTree Services by any means other than through the interface that is provided by SendTree for use in accessing the SendTree Services. All rights not expressly granted herein are fully reserved by SendTree.

11. USE RESTRICTIONS

You agree to comply with all applicable local, state, national, and international laws and regulations concerning texts, calls (e.g., autodialer, robocalls, and "do-not-call lists"), and email, including, without limitation, the Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. Texts and emails may only be sent if the recipient has previously opted-in or otherwise agreed to receive them. For commercial texts, consent must be in writing. You agree that You will provide clear opt-out and/or unsubscribe information on Your messages when required to do so by any applicable law or regulation. You further agree not initiate any messages to any individuals on any applicable "do-not-call" list and to add any individual to Your internal "Do-Not-Call" list after they request such status. You may not utilize the SendTree Services to send unsolicited messages. SendTree, in the exercise of its sole discretion, shall determine whether SendTree believes that You are using the SendTree Services to send unsolicited messages or not.

You further agree not to: (i) use the SendTree Services in any manner that damages, disables, overburdens, or impairs any of SendTree's websites or the SendTree Services or interferes with any other party's use of the SendTree Services; (ii) create an Account for anyone other than Yourself or use a false identity to obtain an Account; (iii) log into an account on the SendTree Services other than Your Account; (iv) access SendTree Services data or data of a third party through the SendTree Services not intended for You or authorized by the Account or attempt to gain unauthorized access to the SendTree Services; (v) use the SendTree Services for any purpose or in any manner that is unlawful or prohibited by this Agreement; (vi) loan, lease, distribute or transfer the Account to anyone else or give or allow anyone access to Your Account, including Your user identification and password; (vii) except as expressly allowed by the terms of the Account, lease, distribute, license, transfer, sell, or otherwise commercially exploit the SendTree Services or make the SendTree Services available to a third party; (vii) use the SendTree Services or related data to develop or enhance any competitive product or service; or, (viii) use the SendTree Services to create, store, or transmit protected health information, individually identifiable health information, or other health information as these terms are defined in 45 CFR Sec. 160.103 unless You enter into a HIPAA compliant Business Associate agreement with SendTree.

USER AGREES NOT TO USE THE SENDTREE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. SENSITIVE INFORMATION MEANS EMPLOYMENT, HEALTH, FINANCIAL (OTHER THAN CREDIT CARD OR BANKING INFORMATION RELATED TO AN ACCOUNT), OR OTHER INFORMATION SUBJECTED TO REGULATIONS, LAWS, OR INDUSTRY STANDARDS DESIGNED TO PROTECT DATA PRIVACY AND SECURITY. SENDTREE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM USER'S USE OF THE SENDTREE SERVICES TO COLLECT OR MANAGE SENSITIVE INFORMATION.

12. NO USERS OUTSIDE OF THE UNITED STATES AND CANADA

Accessing the SendTree Service from places outside the U.S. or Canada is prohibited. None of the information on the SendTree Services may be downloaded, exported or reexported into or to Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated terrorists and international narcotics traffickers, foreign terrorist organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. government. By using the SendTree Services, You agree that You are not a citizen of or a resident in any of these countries. You agree that You shall comply with all applicable export and import control laws and regulations in Your use of the SendTree Services, or materials or services received through the SendTree Services, and, in particular, You shall not export or re-export anything on or received through the SendTree Services in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

13. PAYMENT AND BILLING

You shall pay all fees or charges for the SendTree Services in accordance with the fees, charges, and billing terms in effect, as indicated within Your Account, and at the time a fee or charge is due and payable. You must provide SendTree with valid credit card, debit card or information for direct withdrawal from a bank account or other approved purchase order information (the "Designated Payment Method") as a condition to signing up for an Account. SendTree reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to You.

SendTree will automatically renew and bill User's Designated Payment Method. If requested by You, and agreed to by SendTree, SendTree will issue an invoice to You for amounts due as provided in this Agreement. You hereby consent to SendTree charging User's Designated Payment Method as amounts are due and SendTree shall not be required to obtain any further consent from You in order to charge such Designated Payment method. SendTree may charge a $35.00 fee in any month where the Designated Payment Method charges are declined and must be re-processed. SendTree's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on SendTree's income. Fixed monthly fees are charged in advance each month, and variable use fees are charged in arrears each month. Unless SendTree in its discretion determines otherwise, You will be billed and shall pay in U.S. dollars. If You believe a charge is incorrect, the User must contact SendTree in writing within 30 days of the charge date containing the amount in question to be eligible to receive an adjustment or credit. You shall be responsible to reimburse SendTree for any costs of collection of amounts due hereunder, including attorney's fees and court costs. All payments for the SendTree Services are final and non-refundable.

14. TRADEMARKS

You agree that all of SendTree's trademarks, trade names, service marks, trade dress, and other SendTree logos and brand features, and product and service names, are the property of SendTree (the "SendTree Marks"). You agree not to display or use in any manner the SendTree Marks without prior written consent from SendTree. Any third party trademarks used in connection with the SendTree Services are owned by each respective third party and You agree never to use such trademarks without prior written permission from the trademark owner.

15. THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames provided through the SendTree Services. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of Your use of such sites. You acknowledge that SendTree is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of these sites by SendTree, its advertisers or licensors, any association with its operators and is provided solely for Your convenience. You agree that SendTree and its licensors have no liability whatsoever from such third party sites and Your usage of them. If You wish to suspend email from such sites, You must contact them directly.

16. SHORT CODE COMPLIANCE

To effectuate the SendTree Services, SendTree may provide You with access to short code telephone numbers ("Short Codes"). Short Codes are a service provided by mobile phone carriers. Each mobile phone carrier prescribes a set of conditions that must be followed by SendTree and You in order to use the Short Codes. Each carrier reserves the right to suspend Short Code service for any user at any time.

In order to utilize Short Codes, You shall provide Your own terms of service and a privacy policy to all recipients of any communications You make using the SendTree Services. SendTree will automatically provide You with default terms of service and a default privacy policy ("Default TOS") when you register your Account or activate the Short Code feature. This will help ensure SendTree is compliant with mobile carriers' conditions. The Default TOS can be found at sendtree.com/terms-default and sendtree.com/privacy-default. SendTree will customize the Default TOS based on the information You input into Your Account. The Default TOS is based on the conditions set forth by mobile carriers and the guidelines set forth by third party messaging vendors. SENDTREE DOES NOT WARRANT THAT THE DEFAULT TOS WILL ENSURE YOUR COMPLIANCE WITH MOBILE PHONE CARRIER CONDITIONS FOR USING SHORT CODES.

By using the Default TOS, You acknowledge that SendTree is not providing You with any legal advice or consulting services, that You have the right to use Your own terms of service and privacy policy subject to the terms of this Agreement, that You have the right to seek legal counsel regarding the use of Short Codes and applicable laws, and that the Default TOS only covers subject matter related to Short Codes.

You are encouraged to provide Your own terms of service and privacy policy instead of the Default TOS. If You choose to do so, You represent and warrant that Your terms of service and privacy policy contain terms that are substantively similar to all of the terms in the Default TOS. To provide Your own terms of service and privacy policy, follow the instructions found in Your Account to change the default hyperlinks from the Default TOS website addresses to Your website addresses that host Your terms of service and privacy policy.

When You advertise or otherwise invite recipients to sign up to receive communication from You using Short Codes, You shall provide in each such advertisement or invitation a description of the service You intend to provide, a link to Your terms of service and privacy policy, a disclosure that "message and data rates may apply," and instructions for how to opt-out of receiving further communications from You. Such opt-out instructions in any advertisement or invitation must appear in bold font. Failure to provide terms of service or a privacy policy that is compliant with this Section 16 may result in immediate termination of this Agreement and Your right to use the SendTree Services.

17. DISCLAIMER OF WARRANTIES

SENDTREE, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SENDTREE SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SENDTREE SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SENDTREE SERVICES. THE SENDTREE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SENDTREE, ITS ADVERTISERS AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SENDREE SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SENDTREE SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SENDTREE SERVICES, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SENDTREE, ITS ADVERTISERS AND ITS LICENSORS DO NOT WARRANT THAT THE SENDTREE SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SENDTREE SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SENDTREE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT SENDTREE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR, THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SENDTREE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SENDTREE SERVICES IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SENDTREE BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, THAT RESULT FROM OR ARISING OUT OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SENDTREE, ITS ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN THE EVENT SENDTREE OR ITS AFFILIATES ARE FOUND LIABLE TO USER UNDER ANY CAUSE OF ACTION, SENDTREE AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNTS USER HAS PAID FOR THE SENDTREE SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SendTree, its subsidiaries, affiliates, officers, agents, employees, partners, licensors, and advertisers from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party that arise from Your Submissions, Your use of the SendTree Services, or Your connection to the SendTree Services, Your violation of this Agreement, Your violation of the SendTree Privacy Policy, or Your violation of any rights of another. SendTree reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You shall cooperate with SendTree in asserting any available defenses.

20. CHOICE OF LAW AND FORUM

The SendTree Services (excluding third party linked sites) is controlled by SendTree from its offices within the State of Indiana, United States of America. It can be accessed from all 50 states as well as from Canada as permitted by this Agreement. As each of these places has laws that may differ from Indiana, by accessing the SendTree Services, both You and SendTree agree that the laws of the State of Indiana shall apply to any actions or claims arising out of or in relation to this Agreement or Your use of the SendTree Services, without regard to conflicts of laws principles thereof. You and SendTree also agree and hereby submit to the filing of any claim only in the federal or state courts located in Tippecanoe County, Indiana. SendTree makes no representation that information on SendTree Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods or by the Uniform Computer Information Transactions Act (UCITA).

21. PARENTAL FILTERING DEVICES

In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there are parental control protections which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.

22. CALIFORNIA USER CONSUMER RIGHTS

In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

23. COPYRIGHT AGENT AND TAKE DOWN PROCEDURES

If You believe any materials accessible on or from the SendTree Services infringe Your copyright or other intellectual property, You may request removal of those materials (or access thereto) from the SendTree Services by contacting our copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
  2. Identification of the material that You believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) email address.
  4. A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that You have supplied is accurate, and indicating that "under penalty of perjury," You are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to the SendTree Services is as follows:

Compliance Manager
SendTree, LLC
17 South 6th Street, Suite X, Lafayette, IN, 47901
help@sendtree.com
Phone: 1-866-379-7878

For all email submissions please include the subject line: DMCA Takedown Request. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of SendTree Account holders who are repeat infringers.

24. GOVERNMENT END USER

If the SendTree Services are supplied to or purchased by or on behalf of the United States government, then they are deemed to be "commercial software "as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in 48 CFR 52.227-19 for "restricted computer software." All other terms and provisions of this Agreement apply.

25. APPLE® APPS

This section applies if You are using the SendTree Services through mobile application software on an Apple® device ("Apple App"), such as an iPhone®, iPod®, or iPad®. If it applies, You agree that (i) this Agreement is the end user agreement for the Apple App between You and SendTree, and Apple® is not responsible for the Apple App or the SendTree Services, including maintenance and support; (ii) Apple® and SendTree do not make any warranties related to the Apple App; (iii) SendTree, and not Apple®, is responsible for any claims that You or any other party may have related to the Apple App and SendTree Services in accordance with the terms of this Agreement; (iv) You must use the Apple App in accordance with the usage rules for Apple® devices found on www.apple.com; and (v) Apple® and its subsidiaries are third party beneficiaries under this Agreement, and as such, have the right to enforce this Agreement against You.

26. GOOGLE PLAY™ APPS

This section applies if You are using the SendTree Services through mobile application software procured through the Google Play™ store. The license granted to You by Section 10 of this Agreement governs in lieu of Section 5.4 of the Google Play Developer Distribution Agreement available at https://play.google.com/about/developer-distribution-agreement.html.

27. GENERAL PROVISIONS

Entire Agreement. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior understanding or agreement, oral or written, relating to, the use of the SendTree Services.

Severability. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

Assignment. You shall not assign or transfer this Agreement or Your Account. Any such transfer shall be void. SendTree may assign any or all of its rights and obligations to others at any time.

Wavier. The failure of SendTree to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Third Party Beneficiaries. Unless otherwise stated, nothing in this Agreement is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SendTree Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous. Upon SendTree's request, You will furnish SendTree any documentation, substantiation or releases necessary to verify Your compliance with this Agreement. You agree that this Agreement will not be construed against SendTree by virtue of having drafted it. You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. This Agreement was last modified on June 15, 2015.