Terms of Service and/or Software Use

1. ACCEPTANCE OF TERMS

RSVPro, LLC ("RSVPro") provides a license to use the RSVP service and/or software to you, subject to the following Terms of Service and/or Software Use ("TSSU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TSSU at any time at: http://www.RSVPro.com/legal.html. In addition, when using the RSVP service and/or software, you shall be subject to any guidelines or rules applicable to using the RSVP service and/or software which may from time to time be posted on the service and/or through the software or sent to a location listed for you in your RSVPro registration information. All such guidelines or rules are hereby incorporated by reference into the TSSU. RSVPro also may offer other or additional products or services which may be governed by different terms.

2. DESCRIPTION OF SERVICE AND SOFTWARE

RSVPro provides the RSVP service through its network (the "Service"). RSVPro also provides RSVP software for use on other computing devices or networks (the "Software"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service and/or Software, including the release of new RSVP Service and/or Software components, shall be subject to the TSSU. You understand and agree that the Service and/or Software is provided "AS-IS" and that RSVPro assumes no responsibility for Service and/or Software functionality or timeliness, deletion, mis-delivery or failure to store any information, user communications or personalization settings.

You are responsible for obtaining access to the Service and/or Software and that access may involve direct and/or third party fees (such as Service and/or Software use fees, Internet service provider fees and/or airtime charges). You are responsible for the timely payment of those fees, including those associated with you or your organization's use of the Service and/or Software to advertise, sell or provide a product or service. In addition, you must provide and are responsible for all equipment and network connections necessary to run or access the Service and/or Software.

You understand and agree that the Service may include advertisements and that these advertisements may be necessary for RSVPro to provide the Service. You also understand and agree that using the Service and/or Software may involve receiving certain communications from RSVPro, such as Service and/or Software announcements, administrative messages and the RSVPro Newsletter, and that these communications are considered part of RSVPro membership and you will not be able to opt out of receiving them.

Please be aware that certain areas on the Service may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service and/or Software, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's and/or Software's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RSVPro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RSVPro has the right to suspend or terminate your account and refuse any and all current or future use of the Service and/or Software (or any portion thereof).

4. RSVPRO PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.RSVPro.com/privacy.html.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a user name, password and account ("Domain") designation upon completing the Service's and/or Software's registration process. You may not allow anyone else to use this username and password. You are responsible for maintaining the confidentiality of this password, and are fully responsible for all activities that occur within a Domain under this user name or password. As the registrant for a Domain, you are solely responsible for administrating this Domain, unless the owner (designated as "Organization" in the registration process) or an authorized representative of the owner of the Domain assigns another administrator and the Domain registration information is changed to reflect this. Administrator changes or additions can only be enacted for a Domain by written request from the Domain owner. An administrator may not add a user or partner to a Domain unless the user or partner is already personally registered to their own domain with the Service and/or Software.

You agree to (a) immediately notify RSVPro of any unauthorized use of a password or Domain or any other breach of security. RSVPro cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RSVPro, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service and/or Software. RSVPro does not control the Content posted via the Service and/or Software and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service and/or Software, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RSVPro be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service and/or Software.

You agree to not use the Service and/or Software to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a RSVPro official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service and/or Software;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service and/or Software or servers or networks connected to the Service and/or Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or Software;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any rules of any national or other securities exchange, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store private personal data about other Service and/or Software users.

You acknowledge that RSVPro does not pre-screen Content, but that RSVPro and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service and/or Software. Without limiting the foregoing, RSVPro and its designees shall have the right to remove any Content that violates the TSSU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RSVPro or submitted to RSVPro in all parts of the Service and/or Software.

You acknowledge and agree that RSVPro may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TSSU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RSVPro, its users and the public.

You understand that the technical processing and transmission of the Service and/or Software, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE AND/OR SOFTWARE

RSVPro does not claim ownership of Content you submit or make available for inclusion on the Service and/or Software. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service and/or Software, you grant RSVPro the following worldwide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and/or Software solely for the purposes of providing and promoting RSVPro. This license exists only for as long as you elect to continue to include such Content on the Service and/or Software and will terminate at the time you remove or RSVPro removes such Content from the Service and/or Software.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service and/or Software, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and/or Software solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and/or Software and will terminate at the time you remove or RSVPro removes such Content from the Service and/or Software.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service and/or Software, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service and/or Software are those areas of the RSVPro network of properties that are intended by RSVPro to be available to the general public.

9. INDEMNITY

You agree to indemnify and hold RSVPro, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service and/or Software, your use of the Service and/or Software, your connection to the Service and/or Software, your violation of the TSSU, or your violation of any rights of another.

10. NO RESALE OF SERVICE AND/OR SOFTWARE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service and/or Software, use of the Service and/or Software, or access to the Service and/or Software.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that RSVPro may establish general practices and limits concerning use of the Service and/or Software, including without limitation the maximum number of days that uploaded Content will be retained by the Service and/or Software, the maximum number of messages that may be sent from or received by an account on the Service and/or Software, the maximum size of any message that may be sent from or received by an account on the Service and/or Software, the maximum disk space that will be allotted on RSVPro's or partner's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service and/or Software in a given period of time. You agree that RSVPro has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service and/or Software. You further acknowledge that RSVPro reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE AND/OR SOFTWARE

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

13. TERMINATION

You agree that RSVPro, in its sole discretion, may terminate your account (or any part thereof) or use of the Service and/or Software, and remove and discard any Content within the Service and/or Software, for any reason, including, without limitation, for lack of use or if RSVPro believes that you have violated or acted inconsistently with the letter or spirit of the TSSU. RSVPro may also in its sole discretion and at any time discontinue providing the Service and/or Software, or any part thereof, with or without notice. You agree that any termination of your access to the Service and/or Software under any provision of this TSSU may be effected without prior notice, and acknowledge and agree that RSVPro may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service and/or Software. Further, you agree that RSVPro shall not be liable to you or any third-party for any termination of your access to the Service and/or Software.

14. DEALINGS WITH ADVERTISERS OR PARTNERS

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Service and/or Software, 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 or partner. You agree that RSVPro 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 or partners on the Service and/or Software.

15. LINKS

The Service and/or Software may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RSVPro has no control over such sites and resources, you acknowledge and agree that RSVPro is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RSVPro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. RSVPRO'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and/or Software and any other necessary software used in connection with the Service and/or Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements and other partner communications, information presented to you through the Service and/or Software, technology used to deliver the Service and/or Software, or technology used in the Service and/or Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RSVPro or the respective property's owner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service and/or Software, in whole or in part.

RSVPro grants you a personal, non-transferable and non-exclusive right and license to use the Service and/or Software on a single computer; 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 Service and/or Software. You agree not to modify the Service and/or Software in any manner or form, or to use versions of the Service and/or Software modified by any other party than RSVPro, including (without limitation) for the purpose of obtaining unauthorized access to the Service and/or Software. You agree not to access the Service and/or Software by any means other than through the interface that is provided by RSVPro for use in accessing the Service and/or Software.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RSVPRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. RSVPRO MAKES NO WARRANTY THAT (i) THE SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE AND/OR SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RSVPRO OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TSSU.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RSVPRO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RSVPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE AND/OR SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND/OR SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SOFTWARE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service and/or Software concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service and/or Software is provided for informational purposes only, and no Content included in the Service and/or Software is intended for trading or investing purposes. RSVPro and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service and/or Software, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE

Notices to you may be made via either email or regular mail. The Service and/or Software may also provide notices of changes to the TSSU or other matters by displaying notices or links to notices to you generally on the Service and/or Software.

22. TRADEMARK INFORMATION

RSVPro, and product and service names are trademarks and/or other types of intellectual property of RSVPro, LLC (the "RSVPro Marks"). Without RSVPro's prior permission, you agree not to display or use in any manner, the RSVPro Marks.

23. COPYRIGHTS and COPYRIGHT AGENTS

RSVPro respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RSVPro's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

RSVPro's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: ron@RSVPro.com

24. GENERAL INFORMATION

The TSSU constitute the entire agreement between you and RSVPro and govern your use of the Service and/or Software, superceding any prior agreements between you and RSVPro. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TSSU and the relationship between you and RSVPro shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and RSVPro agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ottawa, in the State of Michigan. The failure of RSVPro to exercise or enforce any right or provision of the TSSU shall not constitute a waiver of such right or provision. If any provision of the TSSU 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 TSSU remain in full force and effect. 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 Service and/or Software or the TSSU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TSSU are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TSSU to our Customer Care group.