TERMS OF SERVICE THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SPRIXA. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. SPRIXA MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF SPRIXA WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SPRIXA GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SPRIXA. Section 1. Use. SPRIXA is provided solely for the use of current and potential SPRIXA customers to interact with SPRIXA and may not be used by any other person or entity, or for any other purpose. Specifically, all tracking, zone, rating, drop-off and other information may only be used by current and potential SPRIXA customers. The use of automated dial-in or inquiry devices to obtain information through SPRIXA is strictly prohibited. SPRIXA does not accept ideas, concepts, or techniques for new services or products through SPRIXA. If such information is received, it will not be considered confidential and SPRIXA will be deemed free to use, communicate and exploit such information in any manner it chooses. Section 2. SPRIXA Registration. You may choose to register with SPRIXA Registration to simplify your access to interactive features on SPRIXA. In the future, SPRIXA may add other features, which may be accessed through SPRIXA.com. In such event, previously registered users will not be required to re-subscribe at SPRIXA Registration. By registering with SPRIXA Registration, You agree to provide accurate and current information about Yourself as prompted by the SPRIXA Registration form and maintain and promptly update Your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or SPRIXA has reasonable grounds to suspect that such information is inaccurate or not current, SPRIXA has the right to suspend or terminate Your SPRIXA Registration. By registering at SPRIXA.com, you will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and you are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify SPRIXA of any unauthorized use of Your User I.D. and Password, and (b) ensure that You exit from Your SPRIXA session at the end of each visit. Section 3. Changes to SPRIXA. SPRIXA and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice. Section 4. Term. SPRIXA may discontinue, suspend or modify SPRIXA.com at any time without notice, and SPRIXA may block, terminate or suspend Your and any user's access to SPRIXA at any time for any reason in its sole discretion, even if access continues to be allowed to others. Section 5. Ownership. SPRIXA and its Content are protected by Canada, The United States and international copyright, trademark and other laws. (c) 2009 SPRIXA Canada Inc. All rights reserved. Specifically, SPRIXA does not convey to anyone, through allowing access to SPRIXA, any ownership rights in SPRIXA or in any Content appearing on or made available through SPRIXA. Section 6. Disclaimer of Warranty. SPRIXA AND ITS CONTENT ARE PROVIDED "AS IS". SPRIXA AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE SPRIXA AND ITS CONTENT. Section 7. Limitation of Liability. USE OF SPRIXA AND ITS CONTENT IS AT YOUR SOLE RISK. SPRIXA WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SPRIXA AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SPRIXA OF THE POSSIBILITY OF SUCH DAMAGES. Section 8. Indemnity. You hereby release, and agree to indemnify and hold harmless SPRIXA Canada Inc. and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of SPRIXA and its Content. Section 9. SPRIXA Service Guide. The terms and conditions for using SPRIXA delivery and related services are contained in the most current version of the SPRIXA Service Guide. The most current version of the SPRIXA Service Guide will control in the event of any conflict between any SPRIXA delivery or related service information on SPRIXA and the delivery or related service information contained in the most current version of the SPRIXA Service Guide. Section 10. Links to other web sites. There are links on SPRIXA site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by SPRIXA. SPRIXA makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. SPRIXA has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. Section 11. Privacy Policy. To access the SPRIXA Privacy Policy governing the use of information acquired from You through SPRIXA go to: www.SPRIXA.com/privacy.shtml Section 12. Export. You assume all responsibility for compliance with all laws and regulations of Canada and the United States and any other country from which You may access SPRIXA regarding access, use, export, re-export and import of any Content appearing on or available through SPRIXA. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States and Canadian law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons. Section 13. Controlling Law and Severability. This Agreement and Your use of SPRIXA is governed by and construed in accordance with the laws of the United States and the State of Washington, and the laws of Canada and the Province of Alberta, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to SPRIXA or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Seattle County, Washington for U.S. claims or within the City of Calgary, Alberta for Canadian claims. This Agreement may not be changed or modified without the written consent of SPRIXA.