Terms of Use - Conservative Political Thought

END-USER LICENSE OR PURCHASE AGREEMENT FOR HIGHERGROUND

IMPORTANT-READ CAREFULLY: This End-User License or Purchase Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and HIGHERGROUND for the use, licensing, or purchase of subscription online services and/or products described below. By subscribing to, using, or purchasing these online services or products, you agree to be bound by the terms set forth below. If you do not agree to these terms, do not subscribe to, use, or purchase these online services or products.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING HIGHERGROUND'S WEBSITES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON OR FROM HIGHERGROUND'S WEBSITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

1. Acceptance of Terms

HIGHERGROUND Online, ("HIGHERGROUND") provides various services or products subject to the following Terms of Service ("TOS" or "Terms"), which may be updated by us from time to time without advance notice to you. HIGHERGROUND reserves the right to alter these Terms of Service without advance notice by posting revised Terms.

HIGHERGROUND Online is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. You must be 18 years or older to purchase any subscription Services on HIGHERGROUND Online.

These TOS apply to all of HIGHERGROUND's current and future websites. In addition, when using particular services provided by HIGHERGROUND, you shall be subject to any additional posted terms, guidelines or rules applicable to such services. All such terms, guidelines or rules are hereby incorporated by reference into the TOS. The TOS incorporates the terms of HIGHERGROUND Online Privacy Policy.

For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

HIGHERGROUND shall have the right at any time to change or discontinue any aspect or feature of HIGHERGROUND Online, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Definitions.

"Account" has the definition above.

"HIGHERGROUND Online", "HIGHERGROUND's Web sites” or “Web sites” mean, collectively, HIGHERGROUND and its affiliate Web sites, present and any future sites, including but not limited to: www.higherground.com, and any and all on-line services operated by HIGHERGROUND on the World Wide Web of the Internet (the "Web"), including any and all information and material provided by HIGHERGROUND Online.

"You" means the user or visitor to HIGHERGROUND Online.

"Privacy Policy" means HIGHERGROUND Online's current Privacy Policy.

"Terms of Service" means the current terms of service in effect, from time to time, as set forth herein or elsewhere on HIGHERGROUND Online, including Terms and Conditions for HIGHERGROUND's Subscription Services.

3. Changed Terms.

HIGHERGROUND shall have the right at any time to change or modify the terms and conditions applicable to your use of HIGHERGROUND Online, or any part thereof, including but not limited to the HIGHERGROUND Online Privacy Policy, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on HIGHERGROUND Online, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of HIGHERGROUND Online by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. HIGHERGROUND Online will note the last date of changes to the TOS.

4. Monitoring.

HIGHERGROUND Online shall have the right, but not the obligation, to monitor the content of HIGHERGROUND Online, including chat rooms and forums, to determine compliance with these Terms. HIGHERGROUND shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on HIGHERGROUND Online. Without limiting the foregoing, HIGHERGROUND shall have the right to remove any material that HIGHERGROUND, in its sole discretion, finds to be in violation of the provisions hereof or othHIGHERGROUNDise objectionable. In addition, HIGHERGROUND Online will share personally identifiable information with governmental authorities and will respond to civil subpoenas when legally required or authorized to do so.

The decision by HIGHERGROUND to monitor and/or modify the content of HIGHERGROUND Online does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of HIGHERGROUND in connection with or arising from use by you of HIGHERGROUND Online or participation in such features of HIGHERGROUND Online as message boards, forums, chats, other interactive content, or fee based content.

5. Disclaimer of Warranty; Limitation of Liability

(A) You expressly agree that use of HIGHERGROUND Online is at your sole risk. Neither HIGHERGROUND, its affiliates nor any of their respective employees, or agents warrant that HIGHERGROUND Online will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of HIGHERGROUND Online, or as to the accuracy, reliability or content of any information, service, or merchandise provided through HIGHERGROUND Online.

(B) HIGHERGROUND Online is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that HIGHERGROUND is not liable for the defamatory, offensive or illegal conduct of other users or visitors of HIGHERGROUND Online or third parties and that the risk of injury from the foregoing rests entirely with you.

(D) In no event will HIGHERGROUND Online, or any person or entity involved in creating, producing or distributing HIGHERGROUND Online, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use HIGHERGROUND Online. You hereby acknowledge that the provisions of this Section 5 shall apply to all content on HIGHERGROUND Online.

(E) In addition to the terms set forth above, neither HIGHERGROUND Online, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within HIGHERGROUND Online, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature including, but not limited to, lost profits, punitive or consequential damages. Neither HIGHERGROUND Online, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

(F) HIGHERGROUND makes reasonable efforts to protect personally identifiable information about YOU, as explained in its Online Privacy Policy below, but HIGHERGROUND disclaims any and all liability of any kind for any unauthorized access to or use of YOUR personally identifiable information. By accessing HIGHERGROUND Online, YOU acknowledge and agree to HIGHERGROUND's disclaimer of any such liability. If you do not agree, YOU should not access or use HIGHERGROUND Online.

6. Copyrighted Material.

(A) HIGHERGROUND Online contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of HIGHERGROUND Online are copyrighted as a collective work under the United States copyright laws. HIGHERGROUND owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by HIGHERGROUND, you may download copyrighted material for your personal use only. Except as othHIGHERGROUNDise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of HIGHERGROUND and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.

(B) HIGHERGROUND Online may publish material provided to HIGHERGROUND by The Associated Press ("AP"). AP text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

(C) HIGHERGROUND is, from time to time, a distributor (and not a publisher) of content supplied by third parties other than AP and users of HIGHERGROUND Online. Accordingly, HIGHERGROUND has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of HIGHERGROUND Online, are those of the respective author(s) or distributor(s) and not of HIGHERGROUND. Neither HIGHERGROUND Online nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. HIGHERGROUND neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on HIGHERGROUND Online by anyone other than authorized HIGHERGROUND employees acting in their official capacities. Under no circumstances shall HIGHERGROUND Online be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through HIGHERGROUND Online.

(D) HIGHERGROUND may from time to time contract with third parties to provide content that is published on HIGHERGROUND Online. HIGHERGROUND reserves the right to publish and maintain copyright on any such material except where othHIGHERGROUNDise individually noted. Unless indicated to the contrary, third parties shall retain responsibility and liability for any material provided to HIGHERGROUND for publication.

(E) You shall not upload, post or othHIGHERGROUNDise make available on HIGHERGROUND Online any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of HIGHERGROUND Online, you automatically grant, or warrant that the owner of such material has expressly granted HIGHERGROUND the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use. You hereby grant HIGHERGROUND the right to edit, copy, publish and distribute any such material made available on HIGHERGROUND Online by you.

(F) If you believe you have a claim of copyright infringement with respect to material that is posted on HIGHERGROUND's websites, you may give HIGHERGROUND written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.

7. Conduct on HIGHERGROUND Online.

(A) If you participate in any chat room, bulletin board or any other forum or similar service within or in connection with HIGHERGROUND Online, you agree to abide by the following rules of conduct:

You agree not to post or transmit through HIGHERGROUND any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass or threaten others;
You agree not to post or transmit through HIGHERGROUND any bigoted, hateful or racially offensive statements;
You agree not to post or transmit through HIGHERGROUND any statements that advocate illegal activity or discuss illegal activities with the intent to commit them;
You agree not to post or transmit through HIGHERGROUND any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
You agree not to post or transmit through HIGHERGROUND any vulgar, obscene, discourteous or indecent language or images;
You agree not to post or transmit through HIGHERGROUND, without HIGHERGROUND's express prior approval, material which contains advertising or any solicitation with respect to products or services, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with HIGHERGROUND Online;
You agree not to post or transmit through HIGHERGROUND, any software or other materials which contain a virus or other harmful component;
You agree not to post or transmit through HIGHERGROUND material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
You agree not to upload, post, or othHIGHERGROUNDise make available on HIGHERGROUND websites any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by HIGHERGROUND, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on HIGHERGROUND's Web sites;
You agree not to impersonate any person or entity, including, but not limited to, any HIGHERGROUND employee, or falsely state or othHIGHERGROUNDise misrepresent your affiliation with any person or entity;
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about HIGHERGROUND users;
You agree not to interfere with or disrupt the HIGHERGROUND Web sites or servers or networks connected to the Web sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Web sites;
You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of HIGHERGROUND's Web sites, use of the Web sites, or access to the Web sites.
Any conduct that in HIGHERGROUND's sole discretion restricts or inhibits anyone else from using or enjoying HIGHERGROUND Online will not be permitted. HIGHERGROUND reserves the right to remove or edit messages or material submitted by you. HIGHERGROUND is not responsible for material submitted to HIGHERGROUND Online or posted in chat rooms, on bulletin boards or on other forums by users of HIGHERGROUND Online.

(B) The foregoing provisions of this Section 7 are for the benefit of HIGHERGROUND, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. Fees and Payments.

HIGHERGROUND reserves the right at any time to charge fees for access to portions of HIGHERGROUND Online or the HIGHERGROUND Web sites as a whole. If at any time HIGHERGROUND requires a fee for portions of HIGHERGROUND Online that are now free (e.g., a domestic subscription fee), HIGHERGROUND Online will give users advance notice of such fees and the opportunity to cancel any existing Account before such charges are imposed. All new fees, if any, will be clearly posted on appropriate locations on HIGHERGROUND Online. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through HIGHERGROUND Online by HIGHERGROUND or by any other vendor or service provider. All fees and charges shall be billed to You and paid by You. You shall pay all applicable taxes relating to use of the HIGHERGROUND Web sites through your Account. Your right to use HIGHERGROUND Online is subject to any limits established by HIGHERGROUND in its sole discretion.

9. Third-Party Links, Sponsors and Frames.

(A) HIGHERGROUND Online may provide links to other World Wide Web sites or resources. Because HIGHERGROUND has no control over such sites and resources, you acknowledge and agree that HIGHERGROUND 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 HIGHERGROUND 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. You should direct any concerns regarding any external resource to the proprietor(s) of that site.

(B) HIGHERGROUND Online may contain commercial images and/or links to sponsors of HIGHERGROUND Online. HIGHERGROUND is not responsible or liable for the content of those images and/or links.

(C) No third party may use framing technologies or functionalities to contain any content provided by HIGHERGROUND Online, for purposes either commercial or non-commercial, without express prior and written consent from HIGHERGROUND.

(D) No third party may provide links to any content within HIGHERGROUND Online without the express prior written consent from HIGHERGROUND.

10. Termination.

You agree that HIGHERGROUND, in its sole discretion, may terminate your Account, password, and User Name and/or use of the Web sites, and may remove and discard any content within the HIGHERGROUND Web sites, for any reason, including, without limitation, if HIGHERGROUND believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Web sites under any provision of this Terms may be effected without prior notice, and acknowledge and agree that HIGHERGROUND may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Web sites. Further, you agree that HIGHERGROUND shall not be liable to you or any third-party for any termination of your access to the Web sites. The provisions of Sections 5, 6, 9(C), 9(D), 11 and 12 and this Section 10, shall survive termination of these Terms.

11. Indemnification.

You agree to defend, indemnify and hold harmless HIGHERGROUND, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of HIGHERGROUND Online by you or your Account by you or any other person using the Account. HIGHERGROUND reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide HIGHERGROUND with such cooperation as is reasonably requested by HIGHERGROUND.

12. Trademarks.

"HIGHERGROUND" and the HIGHERGROUND logo, are registered service marks of HIGHERGROUND ONLINE. All rights reserved. All other trademarks, logos and service marks appearing on HIGHERGROUND Online are the property of HIGHERGROUND or their respective owners.

13. Miscellaneous.

These Terms of Service and any operating rules for HIGHERGROUND Online established by HIGHERGROUND constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. If you access HIGHERGROUND Online from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.

TERMS AND CONDITIONS FOR HIGHERGROUND’S SUBSCRIPTION SERVICES

IMPORTANT -- READ CAREFULLY: These Terms and Conditions for HIGHERGROUND's Subscription Services ("Agreement") constitute a legal agreement between you (either an individual or an entity) and HIGHERGROUND and its suppliers and licensors for the HIGHERGROUND Subscription Services ("Services"). The Services include support and access to premium content as described. You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized credit card on file with HIGHERGROUND, or if you are in the trial period of the Services. By clicking on the "Accept" button or othHIGHERGROUNDise using or accepting the Services, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT PURCHASE OR USE THE SERVICES.

YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

PERSONAL INFORMATION YOU PROVIDE TO HIGHERGROUND IS GOVERNED BY THE HIGHERGROUND PRIVACY

HIGHERGROUND'S TERMS OF SERVICE, WHICH APPLY TO ALL OF HIGHERGROUND'S WEBSITES, ARE HEREBY INCORPORATED BY REFERENCE. THE TERMS OF SERVICE AND THESE TERMS AND CONDITIONS MAY BE AMENDED AT ANY TIME BY HIGHERGROUND WITHOUT ADVANCE NOTICE TO YOU. THESE TERMS AND CONDITIONS SHALL CONTROL SUBSCRIPTION SERVICES IN THE EVENT OF ANY CONFLICT WITH THE REFERENCED TERMS OF SERVICE.

YOU MUST BE 18 YEARS OR OLDER TO PURCHASE ANY SUBSCRIPTION SERVICES.

THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF HIGHERGROUND.

1. PAYMENT & SERVICES.

Following the expiration of a trial period that may be provided to you in the sole discretion of HIGHERGROUND, you agree to pay HIGHERGROUND the monthly service charges for your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize HIGHERGROUND or its affiliates to automatically bill the charge card you provide each month, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Services. Payments are billed in advance at the beginning of the applicable month. ALL PAYMENTS ARE COMPLETELY NON-REFUNDABLE. You may cancel the Services at any time, but HIGHERGROUND will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. You agree to provide HIGHERGROUND with a valid credit card or debit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of the Services.

You must be 18 years or older to purchase any subscription Services.

HIGHERGROUND will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that HIGHERGROUND may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify HIGHERGROUND about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to HIGHERGROUND's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

During your subscription period, you will be entitled to receive: (1) premium Content (as defined below); and (2) HIGHERGROUND support services as described in the My Account area of the Services. You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are or may be proprietary to HIGHERGROUND or third parties. You understand that by using the Service and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards. UNDER NO CIRCUMSTANCES WILL HIGHERGROUND BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE.

2. YOUR RIGHT TO CANCEL HIGHERGROUND’S SERVICES

You may cancel the HIGHERGROUND Services at any time. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the Services by accessing your HIGHERGROUND account at www.higherground.com. Cancellation instructions are available through the "View My Subscriptions" option in the My Account area. Further, you may contact HIGHERGROUND via email at admin@higherground.com. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with HIGHERGROUND. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or HIGHERGROUND 's enforcement or application of this Agreement; (2) any policy or practice of HIGHERGROUND, including any HIGHERGROUND Privacy Policy, the general Terms of Service or HIGHERGROUND's enforcement or application of these policies; (3) the Content available through HIGHERGROUND or the Internet or any change in Content provided through HIGHERGROUND; (4) your ability to access and/or use the Content; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3. HIGHERGROUND'S RIGHT TO TERMINATE OR MODIFY SERVICES

HIGHERGROUND may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event HIGHERGROUND modifies the Agreement or the Services, you may terminate the Services. HIGHERGROUND may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at HIGHERGROUND's sole discretion. HIGHERGROUND may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from HIGHERGROUND to effect such termination. Upon any termination of this Agreement (whether by you or HIGHERGROUND), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

4. SERVICE USE RESTRICTIONS.

a) You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, license, transfer, or othHIGHERGROUNDise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or othHIGHERGROUNDise modify the Content.

b) You may only use the Services and Content for your private, non-commercial use. You may not use the Services or Content in any way to provide, or as part of, any commercial service or application. All Content, including but not limited to Content that is streamed, downloaded or copied using the Services, is protected by the U.S. copyright laws and related laws of other jurisdictions, and are for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Content outside your normal circle of family and social acquaintances.

c) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, any Content, Service or file. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.

d) In addition to any other remedies available in equity or law to HIGHERGROUND and HIGHERGROUND's Content suppliers, failure to comply with any of the terms and conditions in this Section 4 "Service Use Restrictions" shall immediately terminate your license to the Content and the Services.

e) This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. You must be 18 years or older to purchase any subscription Services.

5. PERSONAL INFORMATION AND PRIVACY

Personal information you provide to HIGHERGROUND is governed by the HIGHERGROUND Privacy Policy. Your election to use the free or paid Services indicates your acceptance of the terms of the HIGHERGROUND Privacy Policy, so please review it carefully if you have any questions about HIGHERGROUND's treatment of personal information you provide to us. If you have questions about our Privacy Policy, please contact us at admin@higherground.com.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify HIGHERGROUND immediately of any unauthorized account use. HIGHERGROUND is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

6. E-MAIL NOTIFICATION.

To let you know what new Content and Services are available from time to time, HIGHERGROUND will send you e-mail describing the latest Content and how to get access to the Content. You agree that as a Service subscriber, HIGHERGROUND may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from HIGHERGROUND. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement, or opt out of the HIGHERGROUND Service e-mail as provided in each e-mail.

7. TITLE.

Title, ownership, rights, and intellectual property rights in and to the Services shall remain in HIGHERGROUND and/or its suppliers. The Services and Content are protected by the copyright, trademark, patent, or other laws of the United States and other countries, and by international copyright or other treaties. Title, ownership rights and intellectual property rights in and to the Content accessed through the Services shall be retained by the applicable Content owner and may be protected by applicable copyright or other laws.

8. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.

THE SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGHERGROUND FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHERGROUND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF HIGHERGROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIGHERGROUND'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). 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. HIGHERGROUND DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH HIGHERGROUND.

9. INDEMNIFICATION.

The Services are intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, trademark, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend HIGHERGROUND, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by HIGHERGROUND) in connection with the Content in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement. If you are importing the Content from the United States, you shall indemnify and hold HIGHERGROUND harmless from and against any import and export duties or other claims arising from such importation.

10. NO ASSIGNMENT.

This Agreement is personal to you, and may not be assigned without HIGHERGROUND's express written consent.

11. IMPORTANT--MISCELLANEOUS.

a) Arbitration and Jurisdiction. Section 2 above provides that your only remedy with respect to any dispute with HIGHERGROUND is to cancel your Service. In the event that this limitation of remedies and liability is determined to be inapplicable with respect to any dispute or claim, then you and HIGHERGROUND agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement or Services, or your use of the Services or Content shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the State and City of New York. To the fullest extent permitted by law: no arbitration under this Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of HIGHERGROUND; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and HIGHERGROUND); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and HIGHERGROUND). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by HIGHERGROUND. If such costs are determined to be excessive, HIGHERGROUND will pay all arbitration fees and arbitrator compensation. You and HIGHERGROUND may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and HIGHERGROUND hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State and City of New York to enforce the provisions of this Section 11 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement or Services or your use of the Services or Content. The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or Services or your use of the Services or Content shall be governed by the laws of the State of New York and the Federal Arbitration Act.

b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by HIGHERGROUND or not. The acceptance of any subscription or purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of HIGHERGROUND. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

c) These Terms and Conditions may be amended at any time by HIGHERGROUND by posting amended terms without prior notice to you. Any subsequent use of the Services by you shall be subject to the amended Terms and Conditions.

These Terms and Conditions were last modified on August 1, 2005.