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Last Updated: May 2007

THANK YOU FOR CHOOSING DTIA/SMILE SCIENCE!

1. This Is a Contract Between You and DTIA/Smile Science.

The DTIA/Smile Science Network is a multi-site authentication service that makes it easy for you to sign in to Web sites and conduct e-commerce transactions.

This is a contract between you and DTIA/Smile Science Corporation We will refer to ourselves in this contract as either "DTIA/Smile Science," "we" or "our." You are an individual person. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct. This contract covers your use of the our Network, and includes any other related services, software, machines, support, content and other media, papers, updates or upgrades. We refer to these all as the "Network."

Please note that this contract limits our liability and we do not provide warranties for the Network. The contract also limits your remedies. These terms are in Sections 8 and 9 and we urge you to read the terms carefully.

2. How and When You May Use the Network.

We will provide you with credentials on the Network to use with the  Network. We provide the Network for your personal use. You may not use the Network for commercial purposes or in a way that is against the law. You may not use any software or hardware that reduces the number of users directly accessing or using the  Network (sometimes called "multiplexing" or "pooling" software or hardware). You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "DTIA/Smile Science Parties"), or any customer of a DTIA/Smile Science Party. We may tell you about certain specific harmful uses in a code of conduct or other notice available through the Network. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide.

If you wish to offer the Network to users of your own application, Web site, or Web service, then you must enter into a different contract with DTIA/Smile Science.

3. Spam Is Prohibited and Causes Damage.

Without limiting the general nature of Section 2, you will not use the  Network to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk e-mail or unsolicited commercial e-mail.

4. You Are Responsible For Your Network Account.

You are responsible for all activity under your Network account. You are responsible for keeping confidential any password for your  Network account. You must tell us right away about anyone using your account without your consent, or any security breach that relates to the Network.

5. Third Party Dealings; Third Party Websites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Network, including the delivery of and payment for goods and services. This contract applies to you whenever you access or use your Network credentials. When you use the Network to gain access to any site or service on the Network, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit.

6. Materials You Post or Provide.

You may be able to submit materials for use in connection with the  Network. We do not claim ownership of the materials you post or otherwise provide to us (including feedback) related to the Network (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, and modify your submission, each in connection with the Network, and to publish your name in connection with your submission. You also give the public permission to grant this permission to other persons. This section only applies for legal content, and to the extent that use and publishing of such legal content does not breach the law. We will not pay you for your submission. For each submission, you must have all rights necessary for you to grant the permissions in this section.

7. How We May Change the Contract.

If we change this contract, then we will tell you at least 30 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Network before the changes are in force. If you do not stop using the Network, then your use of the  Network will continue under the changed contract.

8. WE MAKE NO WARRANTY.

We provide the Network "as-is," "with all faults" and "as available." The DTIA/Smile Science Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

You can recover from the DTIA/Smile Science Parties only direct damages up to an amount equal to your Network fee for one month, if any. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

    * any matter related to the Network,
    * any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
    * any matter related to viruses or other disabling features that affect your access to or use of the Network,
    * any matter related to incompatibility between the Network and other services, software and hardware,
    * any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the  Network in an accurate or timely manner, and
    * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

    * this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
    * DTIA/Smile Science knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

10. Changes to the Network; Our Cancellation of Access to  Network

We may change the Network or delete features at any time and for any reason. We may cancel or suspend your access to the Network at any time. Our cancellation or suspension may be without cause and/or without notice. Upon such cancellation, your right to access or use the Network stops right away. Once your access to the  Network is cancelled or suspended, any data you have stored on the  Network may not be retrieved later. We may cancel or suspend your access to the Network for inactivity, which we define as failing to sign in to the Network for an extended period, as determined by us. When we cancel your Network credentials, your right to use the  Network immediately ceases.

11. Your Cancellation of Access to Network.

You may cancel your access to the Network at any time, with or without cause, upon notice to us as specified in the customer support or "help" area for the  Network.

12. Choice of Law and Location for Resolving Disputes.

If this contract is with DTIA/Smile Science Corporation, then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. If this contract is with a DTIA/Smile Science affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such DTIA/Smile Science affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which we direct your Network account.

If this contract is with DTIA/Smile Science Corporation, you consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA for all disputes relating to this contract or the Network. If this contract is with a DTIA/Smile Science affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such DTIA/Smile Science affiliate for all disputes relating to this contract or the Network. You cannot revoke this consent.

13. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between us regarding your use of the Network. It supersedes any prior contract or statements regarding your use of the Network. If you have confidentiality obligations related to the  Network, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

14. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Network account. The other party may then establish a Network account and enter into a contract with us.

15. Claim Must Be Filed Within One Year.

Any claim related to this contract or the  Network must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

16. Your Notices to Us.

You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the customer support or "help" area for the  Network.

17. Our Notices to You; Consent Regarding Electronic Information.

This contract is in electronic form. There may be other information regarding the Network that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your access to the Network. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for your Network account, (2) by access to a DTIA/Smile Science web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a DTIA/Smile Science web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail.

18. Privacy.

For information regarding your privacy, see the Network Privacy Statement.