TERMS OF USE

Last updated 4/1/2012

TERMS OF USE FOR THE Clear Blue Logic, Inc. FAMILY OF WEB SITES

BY VISITING OR USING ANY OF THE Clear Blue Logic, Inc.™ FAMILY OF WEB SITES (Including, but not limited to NauticalMonkey.com™) OR ANY PAGE OF THE Clear Blue Logic, Inc. FAMILY OF WEB SITES, EXCEPT THIS PAGE AND HOME PAGES OF THE Clear Blue Logic, Inc. WEB SITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSITUTES A BINDING CONTRACT BETWEEN YOU AND Clear Blue Logic, Inc. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY OF THE Clear Blue Logic, Inc. WEB SITES OR ANY PAGE OF THE Clear Blue Logic, Inc. FAMILY OF WEB SITES.

INTRODUCTION

Clear Blue Logic, Inc. and/or its partners (together referred to as "Clear Blue Logic, Inc.") operate this family of web sites associated web pages. For the purposes of these Terms of Use, Clear Blue Logic, Inc. refers to this family as the "Clear Blue Logic, Inc. Web Sites."

Clear Blue Logic, Inc. offers you access to the Clear Blue Logic, Inc. Web Sites in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Clear Blue Logic, Inc. from time-to-time. Clear Blue Logic, Inc. refers to these terms, conditions, and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use". Clear Blue Logic, Inc. reserves the right to modify in its sole discretion this Agreement and/or the Clear Blue Logic, Inc. Web Sites without providing notification. You are responsible for regularly reviewing this Agreement. BY VISITING OR USING ANY PART OF THE Clear Blue Logic, Inc. WEB SITES, EXCEPT FOR THE Clear Blue Logic, Inc. HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN Clear Blue Logic, Inc. AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE Clear Blue Logic, Inc. WEB SITES.

ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES WITHIN THE Clear Blue Logic, Inc. WEB SITES.

Your use of certain web sites and/or web pages within the Clear Blue Logic, Inc. Web Sites may be subject to additional terms that are specific to such web sites and/or web pages on this page below this Agreement and/or on such web sites and/or web pages.

Please note that this document may not directly access each and every Specific Term that governs the use of each and every web site and/or web page within the Clear Blue Logic, Inc. Web Sites. Therefore, upon accessing any web site or web page within the Clear Blue Logic, Inc. Web Sites, please review any and all relevant terms and conditions that may be displayed on or linked from such web site or web page. In the event that (i) a Specific Term contained on such web sites and/or web pages or (ii) any other term or guideline contained within the Clear Blue Logic, Inc. Web Sites conflicts with this Agreement, this Agreement shall control.

GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE Clear Blue Logic, Inc. WEB SITES

Except where we specify otherwise, Clear Blue Logic, Inc. offers you access to the Clear Blue Logic, Inc. Web Sites solely for your personal and approved commercial uses. You promise that you will not use the Clear Blue Logic, Inc. Web Sites, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and approved commercial uses. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Clear Blue Logic, Inc. Web Sites. This means, among other activities, that agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Clear Blue Logic, Inc. Web Sites in any manner that could damage, disable, overburden, or impair the Clear Blue Logic, Inc. Web Sites or interfere with any other party's use and enjoyment of the Clear Blue Logic, Inc. Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Clear Blue Logic, Inc. Web Sites.

If and when requested by Clear Blue Logic, Inc. you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Clear Blue Logic, Inc., you agree that you will not access or attempt to access password protected, secure or non-public areas of the Clear Blue Logic, Inc. Web Sites. Unauthorized individuals attempting to access prohibited areas of the Clear Blue Logic, Inc. Web Sites may be subject to prosecution.

Except with the written permission of Clear Blue Logic, Inc., you agree that you will not create links from any web site or web page to any page within the Clear Blue Logic, Inc. Web Sites with the exception of the Clear Blue Logic, Inc. Web Sites homepages, including, but not limited to pages currently located at www.NauticalMonkey.com. The origin of any such link to the Clear Blue Logic, Inc. Web Sites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the Clear Blue Logic, Inc. Web Sites homepage. For example, prominently positioning the "Clear Blue Logic, Inc." name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the "Clear Blue Logic, Inc." name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between Clear Blue Logic, Inc., on the one hand, and you or any other person or entity, on the other hand. You agree that if Clear Blue Logic, Inc., in its sole and unfettered discretion, requests in writing that you remove any link or links to the Clear Blue Logic, Inc. Web Sites, you will promptly do so. You agree that if you create any link to the Clear Blue Logic, Inc. Web Sites that you will not employ any technology that results in the placement of content from the Clear Blue Logic, Inc. Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Clear Blue Logic, Inc. Web Sites from how they would appear if a user typed in their URL to a typical browser line.

You agree that Clear Blue Logic, Inc. may in its sole discretion and at any time terminate your access to and use of the Clear Blue Logic, Inc. Web Sites, or any part thereof, with or without notice.

INFORMATION PROVIDED TO YOU THROUGH THE Clear Blue Logic, Inc. WEB SITES

From Clear Blue Logic, Inc.

The Clear Blue Logic, Inc. Web Sites contain content and information originated by Clear Blue Logic, Inc. (the "Clear Blue Logic, Inc. Content"). Clear Blue Logic, Inc. presents and makes available such content and information through the Clear Blue Logic, Inc. Web Sites as a public service, for the sole purpose of aiding you, the individual consumer. Clear Blue Logic, Inc., therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.

From Clear Blue Logic, Inc. Affiliates

For your convenience, the Clear Blue Logic, Inc. Web Sites contain content and information from Clear Blue Logic, Inc. affiliates and/or links to affiliate web sites ("Affiliate Content"). Such content is not under the control of Clear Blue Logic, Inc. and Clear Blue Logic, Inc. is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. Clear Blue Logic, Inc. is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by Clear Blue Logic, Inc. of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.

From the Public

The Clear Blue Logic, Inc. Web Sites include a number of venues such as bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public ("Public Content"). Since Clear Blue Logic, Inc. firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions. Therefore, Clear Blue Logic, Inc. cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. If you wish to inform Clear Blue Logic, Inc. of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), if you wish to inform Clear Blue Logic, Inc. of any suspected copyright infringement please forward your notification to jdavis@cblogic.com.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO Clear Blue Logic, Inc. CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY Clear Blue Logic, Inc. THROUGH THE Clear Blue Logic, Inc. WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Clear Blue Logic, Inc. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. Clear Blue Logic, Inc. 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. Clear Blue Logic, Inc. SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Clear Blue Logic, Inc. WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

INFORMATION PROVIDED BY YOU THROUGH THE Clear Blue Logic, Inc. WEB SITES

To Clear Blue Logic, Inc.

In order for you to participate in certain services that Clear Blue Logic, Inc. provides through the Clear Blue Logic, Inc. Web Sites, Clear Blue Logic, Inc. will require that you provide specific information about yourself (the "Clear Blue Logic, Inc. Solicited Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Clear Blue Logic, Inc. is committed to maintaining the privacy and security of any and all such information that you provide to Clear Blue Logic, Inc. through the Clear Blue Logic, Inc. Web Sites. To that end, Clear Blue Logic, Inc. urges you to review the Clear Blue Logic, Inc. Privacy Policy which may be accessed by clicking on the following link:

Privacy Policy

To the Public

The Clear Blue Logic, Inc. Web Sites include a number of venues such as bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to share your thoughts and opinions with other members of the public ("Your Publicly Posted Information"). Since Clear Blue Logic, Inc. firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, Clear Blue Logic, Inc. cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on any of the Clear Blue Logic, Inc. Web Sites.

You promise that you will not use the Clear Blue Logic, Inc. Web Sites to:

(a) post, upload or otherwise transmit any content not related to appropriate subject matters;

(b) post, upload or otherwise transmit any content which is misleading to others, including consumers;

(c) post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(d) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;

(e) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f) post, upload or otherwise transmit any materials that contain 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; or

(g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By posting content to the Clear Blue Logic, Inc. Web Sites, you grant Clear Blue Logic, Inc. a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through web sites controlled by Clear Blue Logic, Inc., including but not limited to the Clear Blue Logic, Inc. Web Sites, and co-branded or mirrored versions of such sites, and in Clear Blue Logic, Inc.'s promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

You acknowledge that while Clear Blue Logic, Inc. does not pre-screen content posted by you to the Clear Blue Logic, Inc. Web Sites, Clear Blue Logic, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the Clear Blue Logic, Inc. Web Sites. Without limiting the foregoing, Clear Blue Logic, Inc. and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the Clear Blue Logic, Inc. Web Sites at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the Clear Blue Logic, Inc. Web Sites, including any reliance on the accuracy, completeness, or usefulness of such content.

Clear Blue Logic, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By posting, uploading, inputting, providing or submitting content to the Clear Blue Logic, Inc. Web Sites, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD Clear Blue Logic, Inc. AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO Clear Blue Logic, Inc. SOLICITED INFORMATION, AFFILIATE SOILICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE Clear Blue Logic, Inc. WEB SITES AND/OR Clear Blue Logic, Inc. AND/OR ITS AFFILIATES.

SERVICES PROVIDED THROUGH THE Clear Blue Logic, Inc. WEB SITES

Non-Commercial Services

Clear Blue Logic, Inc. provides through the Clear Blue Logic, Inc. Web Sites a number of venues in which interactive services ("Interactive Services"), such as on-line calendars, expense tracking, and checklists, are offered to you. Such services are offered by Clear Blue Logic, Inc. for the sole purpose of disseminating information for the public's and your member's benefit. Clear Blue Logic, Inc. cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH Clear Blue Logic, Inc.'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. Clear Blue Logic, Inc. MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. Clear Blue Logic, Inc. 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 WITH REGARD TO SUCH SERVICES. Clear Blue Logic, Inc. SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL Clear Blue Logic, Inc. BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.

Third-Party Services

A number of commercial services, such as financial and contractor services, are offered by third parties through the Clear Blue Logic, Inc. Web Sites. You acknowledge that by permitting such services to be offered through the Clear Blue Logic, Inc. Web Sites, Clear Blue Logic, Inc. is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to Clear Blue Logic, Inc.. In order for Clear Blue Logic, Inc. to distribute your information and facilitate contacts between you and such third parties, you hereby grant Clear Blue Logic, Inc. permission to disclose any and all of the information that you provide to Clear Blue Logic, Inc. to any such third party that Clear Blue Logic, Inc., in its sole discretion, deems relevant and appropriate.

Any information that you provide to Clear Blue Logic, Inc. must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the Clear Blue Logic, Inc. Web Sites unless you intend, in good faith, to contract with such third party for the use of such service.

Subscriptions; Charges on Your Billing Account.

(a) General. Clear Blue Logic, Inc. bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Clear Blue Logic, Inc. all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Clear Blue Logic, Inc. to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Clear Blue Logic, Inc. reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing. The subscription plans to the Service consist of recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Clear Blue Logic, Inc. MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY Clear Blue Logic, Inc.) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Clear Blue Logic, Inc. REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT AND CLICK ON THE BILLING TAB.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Clear Blue Logic, Inc. IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT ON THE BILLING TAB. IF YOU FAIL TO PROVIDE Clear Blue Logic, Inc. ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Clear Blue Logic, Inc. MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Clear Blue Logic, Inc.).

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Clear Blue Logic, Inc. does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Clear Blue Logic, Inc. shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Clear Blue Logic, Inc. may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(f) Auto-renewal. Your Clear Blue Logic, Inc. subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to your Account and click on the billing tab. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Clear Blue Logic, Inc. is authorized to charge your Payment Method. Clear Blue Logic, Inc. may submit those charges for payment and you will be responsible for such charges. This does not waive Clear Blue Logic, Inc.'s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.

Eligibility.
You must be at least sixteen (16) years of age to register as a member of Clear Blue Logic, Inc. or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Mobile
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you agree to update your account information on Clear Blue Logic, Inc. within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Clear Blue Logic, Inc., as well as your name and profile picture.

Clear Blue Logic, Inc. is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Clear Blue Logic, Inc. (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

GENERAL TERMS

This Agreement is governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Texas, Travis County in all disputes arising out of or relating to the use of the Clear Blue Logic, Inc. Web Sites. Use of the Clear Blue Logic, Inc. Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clear Blue Logic, Inc. as a result of this Agreement or use of the Clear Blue Logic, Inc. Web Sites. Clear Blue Logic, Inc.'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Clear Blue Logic, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Clear Blue Logic, Inc. Web Sites or information provided to or gathered by Clear Blue Logic, Inc. with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Clear Blue Logic, Inc. with respect to the Clear Blue Logic, Inc. Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Clear Blue Logic, Inc. with respect to the Clear Blue Logic, Inc. Web Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Clear Blue Logic, Inc., ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL Clear Blue Logic, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Clear Blue Logic, Inc. WEB SITES, WITH THE DELAY OR INABILITY TO USE THE Clear Blue Logic, Inc. WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Clear Blue Logic, Inc. WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE Clear Blue Logic, Inc. WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Clear Blue Logic, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Clear Blue Logic, Inc. WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Clear Blue Logic, Inc. WEB SITES.

You agree to indemnify, defend and hold harmless Clear Blue Logic, Inc., its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

All materials on the Clear Blue Logic, Inc. Web Sites (as well as the organization and layout of the Clear Blue Logic, Inc. Web Sites) are owned and copyrighted or licensed by Clear Blue Logic, Inc., its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials at the Clear Blue Logic, Inc. Web Sites is permitted without the written permission of Clear Blue Logic, Inc.. Any rights not expressly granted herein are reserved.