ACCEPTANCE OF TERMS

The VocabAhead.com Web Site (including all content and functionality available through the VocabAhead.com domain name, the "VocabAhead Website", "VocabAhead" or "Website") is owned and operated by Lafazi, Inc. VocabAhead provides its service to you, subject to the following "Terms of Use" ("tou"), which may be updated by us from time to time, without notice to you. By using and/or visiting the VocabAhead website you signify your acceptance to be bound by, and to comply with these terms and conditions (the "Terms of Use") and also VocabAhead's privacy statement, which is found at http://vocabahead.com/Home/tabid/37/ctl/Privacy/Default.aspx. If you do not agree to any of these terms or the VocabAhead privacy statement, please do not use the VocabAhead Website. VocabAhead.com reserves the right in its sole discretion, to modify or revise the tou, terms, conditions, and notices under which the VocabAhead.com Web Site is offered, including but not limited to the changes associated with the use of the VocabAhead.com Web Site and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version located at: http://vocabahead.com/Home/tabid/37/ctl/Terms/Default.aspx. These Terms of Use apply to all users of the VocabAhead Website, including users who are also contributors of video content, information, and other materials or services on the Website. The VocabAhead Website includes all aspects of VocabAhead, including but not limited to all products, software and services offered via the website such as the VocabAhead webpages, the VocabAhead "Embeddable Player," the VocabAhead "Uploader" and other applications.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the VocabAhead.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the VocabAhead.com Website. You can visit many other sites which are appropriate for you. Your parents can advise you about other appropriate sites.

LINKS TO THIRD PARTY SITES

The VocabAhead.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of VocabAhead.com and VocabAhead.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VocabAhead.com is not responsible for webcasting or any other form of transmission received from any Linked Site. VocabAhead.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VocabAhead.com of the site or any association with its operators. In addition, VocabAhead will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve VocabAhead from any and all liability arising from your use of any third-party website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the VocabAhead.com Web Site, you warrant to VocabAhead.com that you will not use the VocabAhead.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the VocabAhead.com Web Site in any manner which could damage, disable, overburden, or impair the VocabAhead.com Web Site or interfere with any other party's use and enjoyment of the VocabAhead.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the VocabAhead.com Web Sites.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account upon completing registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VocabAhead.com of any unauthorized use of your password or account or any other breach of security. VocabAhead.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.


TERMINATION/ACCESS RESTRICTION

AVocabAhead.com reserves the right, in its sole discretion, to terminate your access to the VocabAhead.com Web Site and the related services or any portion thereof at any time, without notice.


USE OF COMMUNICATION SERVICES

The VocabAhead.com Web Site may contain bulletin board services, chat areas, videos, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Upload, email, post, otherwise transmit, or post links to any Content that exploits the images of children under 13 years of age, or that discloses personally identifying information belonging to children under 13 years of age or harm minors in any other way.

• Impersonate any person or entity, including, but not limited to, a VocabAhead.com official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.

   

• Upload, post, email, otherwise transmit, or post links to any Content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights, or that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
  
• Upload, post, email, otherwise transmit, or post links to any material that contain viruses, worms, trojan horses, time bombs, trap doors, corrupted files, or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or VocabAhead.com. that may damage the operation of another's computer.
   
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  
  
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
  
  
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  
  
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  
  
• Restrict or inhibit any other user from using and enjoying the Communication Services.
  
  
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  
  
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  
  
• Violate any applicable laws or regulations.
  
  

• Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction.
  
  

VocabAhead.com has no obligation to monitor the Communication Services. However, VocabAhead.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. VocabAhead.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

VocabAhead.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VocabAhead.com's sole discretion.r />
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. VocabAhead.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, VocabAhead.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized VocabAhead.com spokespersons, and their views do not necessarily reflect those of VocabAhead.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

When entering any contest on the VocabAhead.com site or any contest linked to from the VocabAhead.com site, you must adhere to all of the following Contest Conditions or Restrictions in addition to any stated or written rules anywhere else: (i) You must be at least 13 years of age or older (or have express parental permission) to take part in any of the VocabAhead.com contests. (ii) Prizes are non-transferable nor redeemable for cash. (iii) You must be a US Citizen to qualify for all prizes. (iv) VocabAhead.com and their partners, affiliates, sponsors, employees, or officers are not liable for any lost, delayed, stolen, or incomplete entries or entries delayed or lost due to errors or delays regarding our computer systems or such issues that effect all or part of the internet.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not VocabAhead.com are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service. VocabAhead.com does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will VocabAhead.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.

If VocabAhead.com becomes aware that anyone under the age of 13 seeks to conduct a transaction through the Services, VocabAhead.com will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the VocabAhead.com Service may not be available to children under 13 under any circumstances.

Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE VocabAhead.com SERVICE MAY CONTAIN MATERIAL THAT MAY BE INAPPROPRIATE FOR MINORS.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize VocabAhead.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.


NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service (including your VocabAhead i.d.), use of the service, or access to the service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that VocabAhead.com may establish general practices and limits concerning use of the service. You agree that VocabAhead.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. You acknowledge that VocabAhead.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that VocabAhead reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE

VocabAhead.com reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that VocabAhead.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

LICENSE TO CONTENT

VocabAhead.com does not claim ownership of the materials you provide to VocabAhead.com (including videos, graphics, feedback and suggestions) or post, upload, input or submit to any VocabAhead.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting VocabAhead.com, its affiliated companies and necessary sublicensees a world-wide, royalty free, perpetual, non-exclusive license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, create compilations including, create derivative works of, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Such license shall apply with respect to any form, media, or technology now known or later developed. No compensation will be paid with respect to the use of your Submission, as provided herein. VocabAhead.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in VocabAhead.com's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. .

INDEMNITY

You agree to indemnify and hold VocabAhead.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions, tou or any other applicable published VocabAhead.com usage terms, conditions, policies, or requirements, or your violation of any rights of another. This defense and indemnification obligation will survive these Terms of Service and your use of the VocabAhead.com Website.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VocabAhead.com without restriction.

DEALINGS WITH ADVERTISERS

TYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VocabAhead.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

DISCLAIMER OF WARRANTIES

VocabAhead.com AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VocabAhead.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VocabAhead.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. VocabAhead.com SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VocabAhead.com DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. VocabAhead.com DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. VocabAhead.com DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. VocabAhead.com MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY VocabAhead.com.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.


LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VocabAhead.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VocabAhead.COM AND/OR ITS SUPPLIERS AND CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VocabAhead.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE VocabAhead.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VocabAhead.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND VIDEOS CONTAINED ON THE VocabAhead.COM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS AND VIDEOS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VocabAhead.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VocabAhead.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VocabAhead.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE VocabAhead.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND VIDEOS OBTAINED THROUGH THE VocabAhead.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VocabAhead.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VocabAhead.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL VocabAhead.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VocabAhead.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VocabAhead.COM WEB SITE.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

VocabAhead.com does not, independently confirm that all Content made available through the VocabAhead.com Service is provided by a valid rights holder. However, if you believe that any User Submission or other content infringes upon your copyrights or has been copied or published in a way that constitutes copyright infringement or you think that your intellectual property rights have been violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (See Title 17, United States Code, Section 512(c)(2) and 512(c)(3) for more details) ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE and you acknowledge that if you fail to comply with all of the requirements set forth below, your DMCA notice may not be valid.
 
1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the material that you claim is infringing is located or found on the website or Service;
3. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If/when VocabAhead.com is notified or becomes aware that Content published on the VocabAhead.com has been provided by a person who is not a valid rights holder, VocabAhead.com may, at its discretion, and in appropriate circumstances disable and/or terminate the publication of such Content.

VocabAhead.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by mail as follows:

Lafazi, Inc.
General Counsel
 P.O. Box 963
 Hillsboro, OR 97123-0963

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the VocabAhead.com Web Site are: Copyright 2008-2009 by Lafazi, Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

GENERAL INFORMATION

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, U.S.A. and you hereby consent to exclusive jurisdiction and venue of courts in Washington County, Oregon, U.S.A. in all disputes arising out of or relating to the use and operation of the VocabAhead.com Web Site, without regard to its conflict of law provisions. Use of the VocabAhead.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VocabAhead.com as a result of this agreement or use of the VocabAhead.com Web Site. VocabAhead.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VocabAhead.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the VocabAhead.com Web Site or information provided to or gathered by VocabAhead.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and VocabAhead.com with respect to the VocabAhead.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VocabAhead.com with respect to the VocabAhead.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. The failure of VocabAhead to exercise or enforce any right or provision of the tou shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the tou must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Updated: January 4, 2010