PLEASE READ CAREFULLY
IMPORTANT NOTICE: THE MATERIAL PROVIDED BY OR THROUGH FOCALPOINT MARKETING, LLC, WHETHER ON OR THROUGH YOUR USE OF THIS WEBSITE OR OTHERWISE, IS FOR COMMERCIAL PURPOSES IN THE FURTHERANCE OF BUSINESS COMMUNICATIONS IN THE RELEVANT INDUSTRY. ANY USE OF THIS WEBSITE OR ANY SUCH MATERIAL FOR OTHER PURPOSES IS EXPRESSLY PROHIBITED. FURTHER DISCLAIMERS AND INFORMATION YOU SHOULD BE AWARE OF WHEN USING THIS WEBSITE ARE SET FORTH BELOW, AND YOU SHOULD READ THESE TERMS & CONDITIONS OF USE CAREFULLY. WE MAY REVISE OR UPDATE THESE TERMS & CONDITIONS OF USE FROM TIME TO TIME, SO BE SURE TO CHECK BACK FREQUENTLY, AS YOUR CONTINUED USE SIGNIFIES YOUR CONSENT.

These terms and conditions of use constitute a legally binding agreement ("Agreement") between you and FocalPoint Marketing, LLC ("FocalPoint", "we", "us" or "our") that governs the use of this Website. In this Agreement, the term "Website" includes all Web pages and other content available at or through www.FocalPointEMarketing.com, as well as any replacement, substitute or backup Websites and Web pages controlled, owned or operated by or on behalf of FocalPoint. Additional policies and terms (such as our Privacy Policy) may be posted on this Website that apply to its use. Any such additional policies and terms are incorporated into these terms and conditions of use and form party of your Agreement with us.

As used in this Agreement, the words "use" and "using" mean an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, accessing, operating, displaying, viewing, printing, or copying any content of our Website, transmitting, receiving, or exchanging data or otherwise communicating with our Website, in any way utilizing, benefiting from, or otherwise interacting with our Website, or attempting to do any of these activities.

This Website is solely intended for, and made available only to, users who are adult legal residents of the United States. If you are still a minor under applicable law where you reside, or if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue accessing and using this Website immediately. By using or attempting to use this Website, you agree that you have read, understand, and accept the terms and conditions of this Agreement and you agree to be legally bound by them.

We reserve the right to terminate this Agreement, or to refuse, restrict, or discontinue service or access to the Website (or any portions, components, or features of the Website) to you or anyone else, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with the terms of this Agreement may, among other things, result in the immediate termination of your access to and use of the Website.

REGISTRATION
You will be required to register and provide us with certain information about yourself in order to use our Website as a "Subscriber," to order products or services through the Website, or to otherwise transact any business or interact with us in any manner other than simply contacting us with a question about our Website. You may visit our Website and, among other things, learn about our company and its products and services, however, without registering. We make general information available on our Website, and you may access it and find out how to contact us, all without your giving us any personally identifiable information.

If you choose to register as a"Subscriber", you will be asked to provide us with certain detailed information. Please read our Privacy Policy, which describes how we collect and use personal information about you and is incorporated into this Agreement.

Please take great care in entering the information that you provide to us. You agree that any information that you provide to us ("User Information") will be current, complete, truthful, and accurate. We cannot and will not be responsible for errors in your User Information, for incomplete, illegible, lost, mutilated, misdirected, or inaccurate User Information, for any errors or failures of any kind in any electronic, facsimile, or other type of transmission that results in inaccuracy, omission, deletion, defects, or other errors in User Information, or for any unauthorized access to, or unauthorized alteration of, your User Information. We are also not responsible for any technical, network, communications, electronic, computer, hardware, or software malfunctions or limitations of any kind, for any inaccurate transmissions, or for any failures to receive complete or accurate information on account of technical problems or any other problems or errors that may arise outside our control.

We require each Subscriber to have a unique user name and password to use our Website. You may choose a user name and password (or we may assign an initial password to you, which we will give you the option to change). Your user name and password are personal to you, and you may not share them with others or allow others to use them. We are not liable for any harm caused by, or resulting from, your disclosure of your user name and password, your authorization of anyone else to use them, or any theft or misappropriation of them. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities, and losses that are incurred or suffered by us or by others if you fail to do so.

You agree to notify us immediately if there is, or if you believe there may have been, unauthorized activity or any other security concerns regarding your user name or password. You agree that you, and not us, remain solely responsible for activity, use, and conduct on our Website that is associated with your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken by another. In addition, while we take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and through the Website, we cannot and do not guarantee that any such transmissions are or will be totally secure.

SERVICES
FocalPoint may offer certain data services and email marketing services, as revised from time to time (collectively, the "Services"), to our customers on or through our Website. You must complete the Subscriber registration process, and login with your assigned user name and password, to purchase and obtain any Services. By doing so, you agree to make payment for the Services that you select, at the rates specified on our Website, and we agree to provide the selected Services to you in consideration of such payments and your promises that are contained in this Agreement, along with those that are contained in the separate Services agreement that you must also enter into with us. Any Services that you select and purchase are governed by and subject to the terms of the separate Services agreement, which is posted on our Website for your review.

PROPRIETARY CONTENT
FocalPoint respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the Website and to collect and provide the features, materials, opportunities, and Services that are available on or through the Website. You understand that FocalPoint owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Website and the features, materials, opportunities, and services made available on or through the Website, all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained on the Website, and the compilation, collection, design, selection, and arrangement of such materials (collectively, the "Content").

You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Website and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of FocalPoint or its licensors and content-providers.

USE OF CONTENT
FocalPoint grants you a limited, nonexclusive, personal license to access and make personal use of the Website and the Content solely for legitimate internal business purposes consistent with the purposes of the Website that are stated above. Any other access to or use of the Website or the Content constitutes a violation of this Agreement. Except as expressly provided for in this Agreement, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Website or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited.

Other than as necessary and required to facilitate your personal use of the Website, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Website without our express, prior written permission. Use of the Content or any portion thereof, on any other Web site or other networked computer environment is prohibited without our express, prior written permission.

Accessing, using, or copying any portion of the Website or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, you may not reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Website or the Content or access to or use of the Website or the Content.

COPYRIGHT AGENT
FocalPoint has registered a designated agent with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). If you believe that your copyrighted material is being used on the Website without required permission, please notify our designated agent at:

FocalPoint Marketing, LLC
Attn: Fred Ey, President
323 Main Street
Metuchen, NJ 08840
Phone: 877-252-4305
Email: Copyright@FocalPointEMarketing.com


USE OF SUBMISSIONS
Subject to our Privacy Policy, by submitting any information or material to the Website or to us, whether through access to and use of the Website or the Content directly or by e-mail, telephone, or other mode or medium of communication, you expressly grant us, or warrant that the owner of such material has expressly granted us, a royalty-free, fully-paid, perpetual, irrevocable, nonexclusive license and right to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed. We do not screen or edit materials submitted by users of the Website, and you are solely responsible for the accuracy, completeness, and truthfulness of any information and materials that you submit or provide to us and for ensuring that you have the necessary rights to submit such information and materials for use by us.

USER CONDUCT
You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions in connection with your use of our Website (including, but not limited to, the CAN-SPAM Act of 2003 and any other laws and regulations existing now or in the future pertaining to telemarketing, facsimile advertising, commercial e-mail, spamming, or privacy of personal data). Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site you will not:

1. restrict or inhibit any other user from using or accessing the Website;
2. represent yourself as another or as a fictitious individual;
3. disrupt or interfere with the Website or its operation or availability, or alter or tamper with the Content;
4. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
5. post or transmit any information which is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication or engage in spamming, flooding, or any denial of service attack;
7. post or transmit any data or information out of the country in which you reside in violation of applicable law;
8. post or transmit any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software; and
9. post or transmit any information or software which contains a virus, trojan horse, worm, or other disabling device or harmful component.
   The above assurances and commitments by you shall survive termination of this Agreement.

For your convenience, certain hyperlinks may be provided on the Website that link to other Web sites that are not under our control. We do not endorse or sponsor such other Web sites, and we not responsible for the availability, accuracy, content, or any other aspect of such other Web sites. FocalPoint disclaims all liability for such Web sites, for all access to and use of them, and for use of the links to them. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other Web sites, and any purchases of products or services through other Web sites, is subject to the terms and conditions of such other Web sites. You agree that you will bring no suit or claim against us arising from or based upon any such use of other Web sites. Hyperlinks to other Web sites that are provided on the Website do not imply that: (a) FocalPoint is affiliated or associated with any linked sites; (b) FocalPoint is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of FocalPoint.

LINKS TO OUR WEBSITE

Without our express, prior written permission, it is expressly prohibited to: (a) "deep link" to any page of the Website other than the home page of the Website; (b) "frame" any page of the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause a hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to FocalPoint or any entity that is affiliated or associated with FocalPoint; or (d) otherwise imply or state that any type of relationship or special arrangements exist between FocalPoint and any other person or entity. You agree that you will promptly remove any hyperlink to the Website upon our written request. In no event will you use any logo or trademark of ours as a hyperlink "button," or in any other manner, without our express, prior written consent.

DISCLAIMERS

Although we strive to make the Website, the Content, and the features, materials, opportunities, and services provided through the Website reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Website, the Content, and all materials, products, and services available through the Website and FocalPoint are at your own initiative and risk. We do not promise, covenant, represent, warrant, or guarantee that you or any other user of the Website will obtain any particular or tangible result or goal through the use of the Website. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Website or FocalPoint, or that you access, use, download, or otherwise obtain on or through the Website or FocalPoint, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. THE WEBSITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND FOCALPOINT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. FOCALPOINT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOCALPOINT DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH FOCALPOINT ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE CONTENT, AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND FOCALPOINT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

INDEMNIFICATION

You agree to indemnify, defend and hold FocalPoint and it affiliates, and their respective officers, directors, employees, and agents, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, fines, penalties, cost, and expense (including, but not limited to, reasonable attorneys' fees), brought by any third party in connection with or arising out of: (i) content, data, messages, or information that you submit, post to, or transmit through the Website or FocalPoint (whether solicited or unsolicited) or any errors contained therein; (ii) your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and FocalPoint; (iii) your violation of this Agreement; or (iv) your violation, or alleged violation, of any law or regulation or of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FOCALPOINT, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, THE CONTENT, OR THE INFORMATION, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH FOCALPOINT; (B) THE USE, COPYING, OR DISPLAY OF THE WEBSITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET; (C) FOCALPOINT'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THIS AGREEMENT; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, OTHER USERS OF THE SITE, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE WEBSITE OR ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE.

IN NO EVENT SHALL FOCALPOINT, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR OTHER MONETARY LOSS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OR INTERRUPTION OF BUSINESS OR COMPUTER TIME OR USE, LOSSES DUE TO ALTERATION OR ERRONEOUS TRANSMISSION OF DATA, INACCURATE DATA, UNAUTHORIZED ACCESS TO OR USE OF DATA PROCESSED BY, OR TRANSMITTED BY, TO, OR THROUGH, THE WEBSITE OR FOCALPOINT, PROGRAM ERRORS, PATENT, TRADE SECRET, OR COPYRIGHT INFRINGEMENT, OR LOSSES RESULTING FROM ANY OTHER CAUSE BEYOND THE CONTROL OF FOCALPOINT) IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF FOCALPOINT IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF FOCALPOINT, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF FOCALPOINT, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, OR THE USE OF THE WEBSITE, FOCALPOINT'S AND ALL SUCH OTHER PERSONS' AND ENTITIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $100.

GENERAL

The Website is operated by or on behalf of FocalPoint in the United States and is intended solely and exclusively for adult residents of the United States, its territories and possessions. This Agreement, together with our Privacy Policy and any other rules, regulations, agreements, procedures, and policies that we refer to in this Agreement (all of which are incorporated herein by this reference), constitutes the entire understanding and agreement between you and FocalPoint, and supersedes all prior or inconsistent understandings and agreements, relating to the Website and your use of the Website. If any provision of this Agreement is held illegal, invalid or unenforceable, it will not affect any other provisions of this Agreement, and any provision that must survive termination of this Agreement to allow us to enforce its meaning, shall survive termination of this Agreement. You agree that no action arising out of or relating to this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date that the first such cause arose). This Agreement and your use of the Website is governed by, and construed and enforced in accordance with, the laws of the State of New Jersey, as if this Agreement was made, executed, and wholly performed in New Jersey. You agree and irrevocably submit to the personal and subject matter jurisdiction of the State and Federal Courts situated in the State of New Jersey as the exclusive forum and venue for any claim or action brought in connection with this Agreement, and you that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. Even if it may be applicable, you agree that any provisions of the Uniform Computer Information Transactions Act, as enacted in any form by any jurisdiction, shall not apply to this Agreement and are expressly excluded herefrom. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF EITHER OF THE PARTIES UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic, and enforceable copy of this Agreement, and you agree that you shall not contest the admissibility or enforceability of FocalPoint's copy of this Agreement in connection with any action or proceeding arising out of or relating hereto. Except as expressly provided for herein, this Agreement does not confer any rights, remedies, or benefits upon any person other than you and FocalPoint, and FocalPoint may assign its rights and duties under this Agreement any time to any third party without notice. You may not assign this Agreement without the prior written consent of FocalPoint. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

CHANGES TO TERMS

We may update these Terms & Conditions of Use, as well as the Privacy Policy referenced herein, from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Agreement or other notice on the Website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE FOCALPOINT WEBSITE TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS, AS YOUR CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR CONTINUING CONSENT TO BE BOUND BY THIS AGREEMENT. We expressly reserve the right to make any changes to this Agreement, or to the Website and its Content, at any time, without prior notice to you. No such changes, updates, or amendments shall serve to constitute a default or termination by FocalPoint of this Agreement.

These Terms and Conditions were last revised March 2006 and are subject to periodic revision and update.