TrackItWeb

User Agreement

By logging onto and using TrackItWeb you acknowledge having reviewed and agreed to the following:

TrackItWeb License Agreement and Limited Warranty

IMPORTANT INFORMATION -- Please Read

Throughout this document, "Website" refers to the TrackItWeb website (www.trackitweb.com). "Services" refers to all functions performed by or on the Website.

Do not use the Website (which term includes any printed documentation) until you have carefully read this Agreement, which provides the terms and conditions for its use. Logging onto the Website indicates that you have read, understand and accept this Agreement.

As used in this Agreement, the terms "you", "your" or "user" are synonymous, and refer to a user or registered user, as the case may be, of the Website.

PERMITTED USES AND RESTRICTIONS ON USE

You are granted a personal, non-exclusive license to access the Website in order to access and maintain user information including, but not limited to, identification of users, books, and book information. However, because the Website is protected by copyright laws it is illegal: to copy or otherwise duplicate or permit the duplication of the Website by any means (including electronic transmission); to give copies to another person; or, to modify, adapt, translate, rent, sublicense, loan, resell for profit, distribute, create derivative works based upon the Website or any part thereof. The Website also contains TrackItWeb' code, and you may not decompile or otherwise reverse engineer the Website.

TrackItWeb TECHNICAL SUPPORT

TrackItWeb uses a variety of methods (e.g., in-product, Internet, email, and phone) to provide technical and customer support in connection with the Website (which services are included in the capitalized term "Services" as used below). TrackItWeb announces the terms and conditions governing the offering of these services, some of which have fees chargeable to you, from time to time. Consult TrackItWeb's web site (www.trackitweb.com) for the most up-to-date information relating to these services and any associated charges, as well as updates to the Website.

DISCLAIMER OF WARRANTIES

This Website and the Services are provided "as-is" and, to the maximum extent permitted by applicable law, TrackItWeb and its suppliers disclaim all warranties, express or implied, regarding the Website or Services and related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. TrackItWeb does not warrant that the Website or Services are free from bugs, interruption, errors, or other program limitations. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of first use of the Website. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

All warranties or guarantees given or made by TrackItWeb with respect to the Website or Services (1) are for the benefit of the original purchaser/licensee of the Website only and are not transferable, and (2) shall be null and void if a purchaser/licensee breaches any terms or conditions of this Agreement. TrackItWeb is not responsible for the performance of services or products offered by third parties in connection with the use of the Website.

LIMITATION OF LIABILITY AND DAMAGES

The entire liability of TrackItWeb and its representatives for any reason shall be limited to the amount paid by the customer for a one-year subscription to the Website or Services, as applicable, purchased from TrackItWeb or its authorized reseller. To the maximum extent permitted by applicable law, TrackItWeb and its licensors, distributors, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if TrackItWeb or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between TrackItWeb and you. You acknowledge and agree that TrackItWeb would not be able to provide this product on an economic basis without such limitations.

MISCELLANEOUS

This Agreement sets forth TrackItWeb' and its representatives' entire liability and your exclusive remedy with respect to the Software and Services, and is a complete statement of the agreement between you and TrackItWeb. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This Agreement does not limit any rights that TrackItWeb may have under trade secret, copyright, patent or other laws. The agents, employees, distributors, and dealers of TrackItWeb are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on TrackItWeb. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Texas law (without reference to choice of law principles), and applicable federal law. This Agreement is deemed entered into at Friendswood, Texas, and shall be construed as to its fair meaning and not strictly for or against either party.

8/19/2004