PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This Agreement was last updated on April 10, 2007.

The www.genwi.com website (the "Site") is provided by Genwi, LLC ("Genwi"). By using our Site, you agree to be bound by these Terms of Use (the "Agreement"). We encourage you to periodically review these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

This Agreement outlines the legally binding terms for your use of the Site. We reserve the right to modify this Agreement from time to time, for any reason, without notice and such modifications will be made available on our Site. Use of our Site constitutes (1) acknowledgement by you of our modifications, and (2) an agreement by you to abide and be bound by this Agreement and its modifications. You may identify whether Genwi has revised this Agreement by the Effective Date listed in Section 1 above.

In order to contribute User Content (as defined in Section 6 below), you must register with Genwi by filling out and submitting our registration form. In submitting the registration form, you represent and warrant that you are at least 14 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination.

During the registration process, you will specify your email address and a password (your "Login Credentials"). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify Genwi immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused.

You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

You may not submit automated queries to the Site. Any query sent to the Site by an automated agent such as a software process that is capable of submitting queries without direct human intervention will represent a violation of this Agreement. Your use of the Site is subject to all applicable local, state, national and international laws and regulations. Without limitation of the foregoing, you agree to not use the Site to:

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
• solicit personal information from anyone under 14;
• intimidate, harass, or "stalk" another; or
• use or attempt to use another's account without authorization.

If you register as user of our Site, you represent and warrant that any materials you transmit through or otherwise post or share through the Site are free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party and that all necessary licenses and consents have been obtained for unrestricted use on the Web. Without limitation, you agree to not use the Site to upload, post, transmit, share, store or otherwise make available:

• any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• any material that contains 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;
• any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including without limitation rights of privacy and publicity), or that would otherwise create liability or violate any local, state, national or international law;
• any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
• any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Genwi or its users or members to any harm or liability of any type.

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Genwi, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Genwi's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Genwi, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

While using our Site you may submit links to the Site. You may also submit comments to the Site and/or emails to third parties regarding such links. As a registered user, you may submit content about yourself and send messages to other users. You are solely responsible for any content that you upload, publish, display, or link to (hereinafter, "post") on or through the Site, or transmit to or share with other users ("User Content"). Genwi reserves the right to modify or remove, at its discretion, any content posted by you to the Site. By posting User Content to any part of the Site you represent and warrant that you have obtained the necessary rights to post such User Content and such posting does not infringe any third party�s rights. You may remove your User Content from the Site at any time.

The Site contains (or you may be sent through the Site) links to other web sites ("Third Party Sites") which may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Genwi, and Genwi is not responsible for any Third Party Sites accessed through the Site or any Third Party Content linked or posted through the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, legality, or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Genwi. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to Genwi are non-confidential and shall become the sole property of Genwi. Genwi shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

If you violate any of the terms in this Agreement, Genwi may suspend or terminate your use of the Site.

We care about the privacy of our users. Use of the Site is governed by our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

All contents on the Site are: Copyright © 2007 Genwi or its partners. All rights reserved. Genwi and the Genwi logo are trademarks of Genwi. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Designated Agent named below:

• Your name, address, telephone number, and if available, your e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated Agent: Killian P. McKiernan
Genwi LLC
P.O. Box 5712
Carefree, AZ 85377
info@genwi.com

Genwi may terminate user accounts of registered users who are deemed, in Genwi's sole discretion, to be repeat infringers of any intellectual property rights of others or who violate provisions of this Agreement.

Genwi reserves the right to modify or terminate the Site with or without cause at any time and effective immediately. Genwi shall not be liable to you or any third party for termination. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of the Site, your right to use the Site immediately ceases. You shall have no right and Genwi will have no obligation thereafter.

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Genwi may broadcast notices or messages through its website to inform you of changes to this Agreement, the Site, or other matters of importance. Such broadcasts shall constitute notice to you.

Genwi is not responsible or liable in any manner for any User Content or Third Party Content linked to or posted on the Site, whether linked, posted or caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site. Genwi does not control and is not responsible for what users contribute to the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Genwi is not responsible for the conduct, whether online or offline, of any user of the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Genwi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content. Under no circumstances will Genwi be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any User Content or Third Party Content linked to or posted on or through the Site, or any interactions between users of the Site, whether online or offline. Genwi reserves the right to change any and all content contained in the Site or offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Genwi.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE GENWI WEBSITE, AND ALL CONTENT AND SERVICES INCLUDED IN THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, GENWI AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GENWI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION REGARDING (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, (iv) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, OR (v) THAT THE SITE WILL MEET ANY OF USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

USE OF THE GENWI WEBSITE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS 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 SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENWI OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

GENWI ASSUMES NO RESPONSIBILITY OVER WHETHER THE CONTENT SUBMITTED BY OTHER USERS OR THIRD PARTIES IS QUESTIONABLE, UNINTENDED, OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES SHALL GENWI OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GENWI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

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.

You agree to indemnify and hold Genwi, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you link to, post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

Entire Agreement. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Waiver and Severability of Terms. The failure of Genwi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Genwi. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Statute of Limitations. You and Genwi 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. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.

Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflict of law provisions. You and Genwi agree to submit to the exclusive jurisdiction of the courts of the State of Arizona.