Notice

The materials and information contained within this Web site are provided by eCharge² Corporation (hereinafter "eCharge² ") as a service to its customers, employees and other interested persons and may be used for informational, non-commercial purposes only.

Access to this Web site is subject to the following terms and conditions, and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualification, the terms and conditions stated below, and acknowledge that any other agreements relating to the subject matter hereof between you and eCharge² are superseded and are of no force or effect.

Terms and Conditions

The information on this Web site, including text and images, is copyrighted© by eCharge² Corporation. All rights therein are reserved.

eCharge² strictly prohibits the distribution, modification, transmission, reuse, reposting or use of this site for public or commercial purposes, including text and images, without the company's written permission.   The trademarks, logos, and service marks displayed on this Web site are registered and common law trademarks of eCharge² and other affiliates. All product names mentioned on this Web site are acknowledged as the trademarks or registered trademarks of their respective owners.   Nothing contained on this Web site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Web site without the written permission of eCharge² or such third party that may own the trademarks displayed on the Web site.

Limitation of Liability

In no event will eCharge² be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Web site or any linked Web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if eCharge² , or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Neither eCharge² , any of its affiliates, agencies, nor any other party involved in creating, producing, or delivering this Web site are liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or use of the site.   This limitation of liability also includes negligence, for all consequences of any person acting on, or refraining from acting in reliance on, information contained in this site.

LIMITATION OF WARRANTY

Without limiting the foregoing, everything on this site is provided to you:

"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITIED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

Protection of Content

While eCharge² intends to provide factual and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. eCharge² reserves the right to make changes, corrections and updates at any time, without notice. The information provided on this Web site is provided "AS IS" and "AS AVAILABLE." eCharge² does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this Web site. eCharge² expressly disclaims liability for errors or omissions and inaccuracies in these materials.

eCharge² also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect computer equipment or any property on account of access to, use of, browsing on this site or downloading of any materials, data, text or images from the Web site. In addition, use of this Web site expressly acknowledges and agrees that eCharge² is not liable or responsible for any defamatory, offensive or illegal conduct of any kind by third parties.   Furthermore, eCharge² is hereby not responsible for the content of any off-site pages or any other sites linked by this Web site.

eCharge² also disclaims all liability for the use or interpretation by others of information contained within this Web site. Decisions based on information contained in this Web site are the sole responsibility of the visitor and at the visitor's sole risk. In consideration for access to and use of Web site, the visitor agrees to hold eCharge² and its subsidiaries and affiliates harmless from and against any and all damages and claims of any kind or nature arising from the use of this Web site or any decisions that the visitor makes based on such information.

Confidentiality of Information

Any communication or material that is transmitted to this Web site by electronic mail, postings or otherwise, including any data, questions, comments, suggestions, or any other information thereof is, and will be treated as, non-confidential and non-proprietary.   Any information transmitted or posted, once received, becomes the property of eCharge² or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, eCharge² reserves the right to use any ideas, concepts, know-how, or techniques contained in any said communication sent to eCharge² for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Governing Law

Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Tennessee.   eCharge² may at any time revise these Terms and Conditions by updating this posting. All users are thereby bound by any such revisions and should therefore periodically visit this page to review binding current Terms and Conditions.

This Agreement shall be governed and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be performed in Tennessee. Any legal action or proceeding for any purpose concerning this Agreement, the Web site, or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tennessee.   Any such complaint filed in any jurisdiction apart from the State of Tennessee shall be barred.

Any cause of action or claim against eCharge² with respect to this Web site must be commenced in the proper forum within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.   eCharge² 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.   eCharge² may assign its rights and duties under this Agreement to any party at any time without notice.

The information and services provided herein by eCharge² are protected by one or more patents, patents pending, as well as trademark and copyright laws. eCharge² and the eCharge² logo are legal trademarks of eCharge² Corporation.

© 2005 eCharge² Corporation. All rights reserved.