Version 7/13/09

The SenditCertified™, service ("Service"), owned and operated by BioConfirm, LLC, a Delaware limited liability company doing business as "SenditCertified", is provided to you ("User") under the terms and conditions of this Service Terms Agreement ("STA") and any operating rules or policies that may be published by SenditCertified.
The STA comprises the entire agreement between User and SenditCertified and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND SIGNING THE SERVICE AGREEMENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE STA.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.

Description Of Service

SenditCertified is providing User with a capability to send and receive messages and files via the World Wide Web and on SenditCertified's own system. User must: (1) provide all equipment, including a computer and modem necessary to establish a connection to the World Wide Web; (2) provide for their own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). If any information provided by User is inaccurate, if User fails to make any payment as required herein, or if User cancels its service, SenditCertified reserves the right to immediately terminate User's Membership and rights to use the Service. In the event of such termination, BioConfirm, in its sole discretion, may or may not delete any file logs or service records. Notwithstanding the above, User acknowledges, consents and agrees that SenditCertified may access, preserve and disclose User's Registration Data and Service Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) subpoena, court order or other lawful process or as mutually agreed upon by the Parties; (b) enforce the STA; (c) respond to claims that any Service Content violates the rights of third parties; (d) respond to User's requests for customer service; or (e) protect the rights, property or personal safety of SenditCertified, its users and the public.

Payment Terms

Upon completing the registration process and signing the service agreement, User authorizes payment to be requested immediately for the amount shown on the agreement. User hereby authorizes SenditCertified to charge the indicated credit card for User's services, based upon the cost of the Service at the time of account signup.

Modifications To Terms Of Service

SenditCertified may change the terms and conditions of the STA, Privacy Policy, and Terms and Conditions from time to time. Any change in the Terms and Conditions of the STA, shall be posted in the appropriate area of the site. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the STA and its modifications; and (2) agreement by User to abide and be bound by the STA and its modifications.

Modifications To Service

SenditCertified reserves the right to modify or discontinue the Service with or without notice to User.
SenditCertified shall not be liable to User or any third party should SenditCertified exercise its right to modify or discontinue the Service.

Privacy Policy

For a complete description of SenditCertified's stance on privacy issues, please see SenditCertified's Privacy Policy applicable to this Site, which is incorporated into this STA by reference.

User Account, Password and Security

As a registered user, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions. User agrees to immediately notify SenditCertified of any unauthorized use of User's account or any other breach of security known to User. SenditCertified cannot and will not be liable for any loss or damage arising from User's failure to comply with this Section.

Disclaimer Of Warranties

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIOCONFIRM LLC, 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 NONINFRINGEMENT. BIOCONFIRM LLC, MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BIOCONFIRM LLC, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, NOR THAT THIS SERVICE OR THE SERVER THAT MAKES THIS SERVICE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER \ SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BIOCONFIRM LLC, MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM BIOCONFIRM LLC, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Liability

BIOCONFIRM LLC, SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED DISCLOSURE OR ACCESS TO OR ALTERATION OR LOSS OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT BIOCONFIRM LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, UNDER ANY CIRCUMSTANCES, SHALL BIOCONFIRM LLC'S LIABILITY EXCEED THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO BIOCONFIRM AND SENDITCERTIFIED.COM IN THE PRIOR 12 MONTHS LEADING UP TO THE EVENT GIVING RISE TO ANY SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Resale Or Commercial Use Of The Service

User agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Data Storage And other Limitations

SenditCertified assumes no responsibility for the deletion or failure to store data. User acknowledges that SenditCertified may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, postings or other content will be retained and/or stored by the Service (eventually transferred to our archival system), the maximum per user bandwidth, and the maximum size of any email message that may be sent from or received by an account on the Service. SenditCertified may establish additional charges for excessive use of bandwidth and/or storage. User’s failure to comply with SenditCertified general practices may result in additional charges and/or termination of the Service. User further acknowledges that SenditCertified reserves the right to modify these general practices and limits from time to time.

User Conduct

User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to manipulate identifiers, such as email headers, to disguise the origin of any content transmitted to or through SenditCertified's computer systems; (6) not to relay email from a third party's mail servers without the permission of that third party; and (7) not to use or cause to be used SenditCertified's computer systems to facilitate the transmission of unsolicited or unauthorized material - this includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.

NOTICE: SenditCertified's servers are located in the state of Texas. Any unauthorized use of SenditCertified's computer systems is a violation of the STA and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. SenditCertified may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the STA .

Indemnification User agrees to indemnify and hold SenditCertified, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, content provided by the User, the violation of this STA by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

Termination, Refunds and Renewal

Either User or SenditCertified may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice or an email to the other party. SenditCertified  shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the STA or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Membership; and (3) notify SenditCertified of termination. Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right to receive and SenditCertified will have no obligation thereafter to forward any unread or unsent messages to User or any third party.

SenditCertified will not issue refunds. User acknowledges that all sales are final.

Unless the STA is earlier terminated in accordance with its terms or unless a specific new STA term is requested by User, this STA shall automatically renew at the end of each prior STA Term, either for the same period of time as the prior STA Term. When a new STA term begins, the then current STA shall apply.

Notice

All notices to a party shall be in writing and shall be made either via email to support@senditcertified.com or conventional mail at the following address 7810 Ballantyne Commons Parkway, Suite 300, Charlotte, NC, 28277. SenditCertified may broadcast notices or messages through the Service to inform User of changes to the STA, the Service, or other matters of importance; such broadcasts shall constitute notice to User.

Proprietary Rights To Content

User acknowledges and agrees that SenditCertified is the sole and exclusive owner of all right, title and interest in and to all trademarks, copyrights and all other rights in and to all software, computer programs, works of authorship, writings (whether or not copyrightable), inventions (whether or not patentable), discoveries, methods, improvements, processes, ideas, systems, know-how, data, and any other intellectual creations of any nature whatsoever used in the Service.

Laws

The STA shall be governed by and construed in accordance with the laws of North Carolina, excluding its conflict of law provisions. User and SenditCertified agree to submit to the exclusive jurisdiction of the courts of North Carolina. If any provision(s) of the STA is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SenditCertified's failure to exercise or enforce any right or provision of the STA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SenditCertified in writing. User and SenditCertified agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the STA are solely used for the convenience of the parties and have no legal or contractual significance.

Consent to Jurisdiction

Any action for breach of this agreement shall be brought in the federal or state courts of and for the County of Mecklenburg, State of North Carolina, and the parties hereby consent to the personal jurisdiction of such courts.

Arbitration

Any dispute, claim or controversy arising out of this STA will be settled by arbitration in Charlotte, North Carolina. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. Any award issued as a result of the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. Notwithstanding this provision, the aggrieved party shall be entitled to injunctive and/or equitable relief in a court of competent jurisdiction. All costs and expenses of the arbitration, including reasonable attorney fees, shall be allocated among the parties as determined by the arbitrator.

Special Admonitions for International Use

Recognizing the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Sendit Certified adheres to the European Union Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use and retention of personal information covered by the Privacy Policy from the European Union.

No Third-Party Beneficiaries