These Terms of Use were last updated March 1st, 2009.

These conditions constitute a contract that imposes legal obligations upon you (“User”) and governs the use of the New Power, Inc.’s (“New Power”) Web site www.sfgam.com (“Web Site”) including use of any information, content, products or services available through it including, without limitation, pictures, documents, communications, files, text, graphics, or software (“Terms of Use”). These Terms of Use are subject to discretionary change by New Power at any time. Use of the Web Site after such changes are posted constitutes your acceptance of the changes, therefore you have the responsibility to consult these Terms of Use regularly.

When using the Web Site the User is also subject to any guidelines, rules, or licenses posted or made available in connection to access to particular information, content, product or service. Such guidelines, rules, or licenses may contain conditions in addition to those in these Terms of Use.

It is the express desire of the parties that the Terms of Use and all related documents have been drafted in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

User represents, warrants and agrees that User is of legal age and otherwise capable of forming a legally binding contract and that User will comply with these Terms of Use in spirit and letter.

Participation

User agrees to comply with procedures and instructions that New Power may adopt as a condition of utilizing the Web Site or performing any transaction(s) through it. Receipt of an electronic confirmation that a transaction or process is complete does not constitute an acceptance or authorization from New Power. Additional verification or information may be required and New Power, may decline, suspend or terminate Web Site access or any transaction(s) made in connection therewith in New Power’s sole and absolute discretion.

New Power reserves the right to monitor bulletin boards, chat rooms or other communication venues available through the Web Site to determine compliance with these Terms of Use, as well as the right to remove or refuse to process any User initiated posting. Notwithstanding these rights, User remains solely responsible for any content, information, product or service that User chooses to submit to or through the Web Site (“User Content”).

User agrees not to disclose a Web Site login name and password to any third party, however, a User’s login name may by itself be used for public identification. User further agrees not to use the login name and password for any unauthorized purpose. User will not: (a) Select or use a member name or e-mail address of another person with the intent to impersonate that person; or (b) Use a screen name or e-mail address of any other person; or (c) Use a member name that New Power, in its sole discretion, deems offensive. User is responsible for maintaining the confidentiality of User’s account number, account name, and/or password, if applicable. User is also responsible for damages resulting from all uses of User’s account number, account name, and/or password, unless access was obtained through no fault or negligence of User’s own.

Authorization to participate is automatically terminated upon a User’s breach of these Terms of Use, and any information, content, product, or service obtained from the Web Site must thereupon be destroyed. In any event, Web Site User participation may be canceled or terminated at any time including circumstances wherein: (a) User engages in or is suspected of any fraudulent, unauthorized or unsanctioned activity in connection with the Web Site; or (b) New Power is unable to verify or authenticate anything provided by the User; or (c) User interferes or attempts to interfere with any other User’s enjoyment of the Web Site; or (d) The User breaches, or attempts to breach, the Terms of Use; or (e) It is otherwise necessary to protect New Power’s business interests. However, in no event is any portion of any outstanding applicable fees owed to New Power at the time of participation, termination, or cancellation refundable by New Power or thereafter reduced or made negotiable as a result of termination or cancellation. New Power reserves the right to revoke an existing User name. In the event New Power revokes the User’s name the User’s account will be suspended and services transfered to another account at the discretion of New Power.

Fees

New Power may charge User a fee for participation in certain activities or to otherwise access information, content, products or services. An online presentation will display the costs associated with the particular fee based activity and engage payment from the User through an interactive process. Host expressly reserves the right change its rates charged hereunder for the Service at anytime, upon thirty (30) days notice to the User. A User is expected to pay all fees when accrued, and is responsible for any charges incurred in connection with the use of and/or by completion of a transaction made through the Web Site whenever such is provided on a fee basis. User shall pay all costs of collection, including legal fees incurred by New Power All fees are quoted and payable in United States dollars. User is also responsible for paying all applicable taxes and any other costs incurred in connection with the use of or access to the Web Site including costs incurred by anyone the User allows to use the User's account, even if in violation of these Terms of Use.

Proprietary Rights

New Power maintains the Web Site with reservation of its own copyright, trademark and other intellectual property rights subject only to expressly provided limited licenses. This includes, without limitation, the selection and arrangement (“trade dress”) of the Web Site. Any unauthorized use may violate the law and the Terms of Use. User acknowledges and agrees that the New Power’s provided information, content, products or services accessible from the Web Site are proprietary to New Power and its content providers, and New Power and its content providers retain all right, title, and interest therein.

New Power does not grant any express or implied rights to use the Web Site except as made available to the User in an online presentation format. User will not otherwise reproduce, transmit, publish or distribute New Power’s provided information, content, products or services to any third party in a manner not authorized by these Terms of Use without the express written consent of New Power or the applicable provider. Moreover, User will not copy, modify, distribute, display, create derivative works from, decompile, reverse engineer or use any robot, spider, other automatic device or manual process to (or to attempt to) monitor, copy, deep link to, or engage in screen or database scrapping of any part of the Web Site. User further agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site.

User will not, and will not authorize any other person to: (a) Co-brand the Web Site or portion thereof (whereby a name, logo, trademark, or other means of attribution or identification of any party found on the Web Site is displayed outside the Web Site in such a manner as to be reasonably likely to give the impression that there is a right to display, publish, or distribute the Web Site or the content accessible within the Web Site), or (b) Frame the Web Site or portion thereof (whereby the Web Site or a portion thereof will appear on the same screen with a portion of another Web site). User agrees to cooperate with New Power in causing immediate cessation of any unauthorized co-branding, framing or linking.

Except as otherwise permitted by these Terms of Use, a User may not use New Power or any of its trade name(s) in advertising or publicity, or otherwise use any trade name, trademark, trade device or simulation thereof owned by New Power, or represent, directly or indirectly, that any content, information, product or service provided by a User has been approved or endorsed by New Power.

The foregoing shall not prohibit the use of standard search engine technology to direct Internet users to the Web Site or for a User to interact with the Web Site in a manner New Power expressly invites through an online presentation format on the Web Site.

New Power will take appropriate measures where there is an assertion that an intellectual property right is being violated. In such instances the complaining party should provide New Power a signed and duly sworn statement containing: (a) A detailed description of the alleged infringement, including a description of where it is located and what action by New Power is requested; (b) An explanation of the nature of the alleged infringement, including, at minimum, the form and character of intellectual property in question sufficient to understand the specific legal right(s) asserted related to it with a citation to the specific law or authority relied upon, along with the name, street, and e-mail addresses and telephone numbers of the owner(s); and (c) A certification and explanation that applicable permission has not been granted or is subject to limitations that are not being honored.

Software and accompanying documentation made available to order or download from the Web Site is the copyrighted and/or patented work of New Power and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. To download or install any software, the User must agree to the terms of such license agreement. If User does not agree to such terms, User is not authorized to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by these Terms of Use. In all cases, User agrees not to decompile, reverse engineer, or otherwise attempt to discover the source code of software available on or through the Web Site. In addition, New Power may make information, content, products and services available from third parties also governed and accompanied by separate license agreements.

Permissions

User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment purposes and as made available to the User for express purpose of viewing, downloading, accessing, or printing in an online presentation format. For example, User may download or print where there is a notice associated with the page expressly inviting or permitting such a use. However, User is responsible for determining the limitations on use imposed by the law and these Terms of Use, and agrees not to access, use or attempt to use the Web Site for any means not specifically authorized, including, without limitation, any commercial purpose, without New Power’s express prior written consent.

New Power reserves the right to revoke the user authorization, at any time and for any reason and such authorization shall be deemed to be discontinued immediately upon User’s removal from the Web Site. Any rights granted to User constitute a license and not a transfer of title. User does not obtain any ownership right, title, or other interest in New Power’s copyrights, trademarks, patents or other proprietary rights by downloading, copying, or otherwise using the Web Site.

New Power is willing to authorize third parties to erect and/or maintain a hypertext link (“Link”) to the Web Site subject to these Terms of Use. The icon or words used to signify the Link must be in compliance with New Power’s existing or hereinafter adopted trademark policies which are hereby incorporated by reference. A Link shall consist solely of New Power’s logo (“Logo”) as specified by New Power. So long as the linking party maintains the Link, the linking party may not (a) utilize the Linking Site or the Link in any manner that violates these Terms of Use or subjects New Power to liability. Any linking party (“Linking Party”) warrants that: (a) The Linking Site is owned by or licensed to Linking Party and Linking Party's maintenance and use of the Linking Site shall not infringe or violate any patent, copyright, trade secret, trademark, or other third party intellectual property right; (b) The Linking Site will not utilize Links directed to individual files on the Web Site, such as pictures, files, sounds, etc. (although Links that serve to bypass the Web Site homepage (deeplink) to a User’s individual page(s) on the Web Site is permitted where not otherwise in violation of these Terms of Use); (c) Linking Party will comply with all applicable U.S. federal, state, or local laws in its development and maintenance of the Linking Site and the link and Linking Site will not violate any applicable U.S. federal or state laws; (d) Linking Party will include reasonable and appropriate disclaimers, waivers of implied warranties and other provisions for limitation of liability, together with a privacy policy, on the Linking Site; and (e) Linking Party will have no right or authority, at any time, to make any representation or commitment on behalf of New Power, or to make any representations or warranties, guarantees or commitments with respect to the Web Site, New Power’s content or products, or otherwise regarding or affecting New Power, except as expressly authorized by New Power in writing. New Power may terminate any Link that violates these Terms of Use at any time without notice. In addition, New Power may terminate a Link in its sole and absolute discretion at any time upon New Power’s request to a Linking Party. The Linking Party agrees to terminate a Link that may otherwise be in compliance with these Terms of Use within five (5) days of such request. Except with respect to Linking Party's obligations set forth in these Terms of Use, in no event shall either New Power or the Linking Party have any obligation to the other party hereto for any incidental, consequential, exemplary or punitive damages of any kind, including, without limitation, any loss of data or files, profit, goodwill, time, savings or revenue, regardless of the nature of the cause of action that may be asserted. In no event shall New Power, Inc’s maximum aggregate liability in connection with the matters addressed by these provisions regarding linking exceed an amount equal to one hundred dollars ($100.00).

A User is responsible for User Content, including occasions where such content, information, product or service constitutes a violation of these Terms of Use. Certain activities offered through the Web Site accommodate User Content. The User understands, accepts and/or provides advance consent to the full extent necessary to allow the Web Site to act as a conduit of said User Content without incurring liability of any kind or nature. Notwithstanding the foregoing, User Content: (a) Shall not infringe New Power’s or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) Shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or advertising); (c) Shall not be defamatory, libelous, or trade libelous, nor shall it invade another’s privacy, advocate illegal activity, discuss an intent to commit an illegal act, or include threats, hate speech, vulgarity, obscenity, pornography, or otherwise inappropriate material; (d) Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) Shall not promote information, content, service or product that the User does not have a right to represent. Furthermore, a User may not post on the Web Site or offer through the Web Site: (a) Any information, content, service or product that could cause New Power to interfere with any contract or rights of any person or violate any applicable law, statute, ordinance or regulation or otherwise incur liability of any type or nature, or (b) Any information, content, service or other product that User is not legally or contractually permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with New Power now, or in the future.

The Web Site contains adult content based on community standards as the exist in San Francisco, California. By using the Web Site and viewing adult content you represent you are of legal age to view such content, you do so of your own free will, your desire access to it and that it does not offend the standards of the community in which you live or from which you are accessing the Web Site. If you find the adult content offensive you agree to cease accessing or otherwise using the Web Site. You also agree not distribute adult content, nor show or provide access of adult material, to a minor. Adult content is also governed by the following principles:

· Use is not monitored and is at your own risk. Meeting people in real life can be dangerous.

· The presence of any minor under age 18 (or 21, or other age established by applicable law for purposes of adult material) as a User or in questionable images, photos, sounds or other information or content made available by another User must be reported to customer service.

· No use by, or to communicate with, any minor. A User who does so, or who harms, attempts to harm, or otherwise engages in any effort which may be viewed as an exploitation of a minor (in any manner whatsoever) will be disabled and referred to appropriate law enforcement.

· Persons convicted of a felony or any criminal offense characterized as a sexual offense may not use the Web Site.

· No business advertising is permitted, whether for an otherwise legal purpose or not. Put another way, no use that is an attempt or designed as a means to generate income is allowed unless you have entered an express contract with New Power, signed by the President, for that purpose.

· You are responsible for observing all applicable laws and regulations that may apply to you in the jurisdiction in which you are located.

· You must use self discretion and monitoring. If you object to something you encounter during use, discontinue use.

· Disputes will not be mediated. But threats, impersonations of other people of any type are nevertheless forbidden.

· You must be cautious. Somebody may not be who they appear or claim to be and their stated intentions may differ from their real ones.

To the full extent necessary to enable New Power to access or otherwise use User Content without liability, the submitting User grants New Power a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display or otherwise exercise the copyright, publicity or any other proprietary type rights as exist anywhere in the world in or with respect to the User Content, in any form, media or technology now known or later developed. Further, to the extent applicable, the submitting User waives all moral rights or similar rights with respect to the User Content. This provision does not entitle New Power to any ownership or exclusivity rights to the User Content, but shall be deemed to allow New Power to freely use, modify and exploit the User Content for New Power’s own business purposes and/or profit.

Disclaimer

The Web Site acts as a venue for education and entertainment. New Power is not responsible for acts by each User accessing the Web Site and does not control, warrant, or guarantee the quality, safety or legality of the subjects of advertising, or the truth or accuracy or legality (including non-infringement) of the information posted or made available by others.

New Power is completely independent from every User. New Power is not engaged in any agency, partnership, joint venture, employee-employer, franchise or other type of relationship with any User.

New Power does not guarantee continuous, uninterrupted or secure access to the Web Site information, content, products, goods, or services, and operation of the Web Site may be interfered with by numerous factors outside of New Power’s control.
New Power may provide User access to a variety of third party sources available through the Internet. New Power has made no effort to verify the accuracy or suitability of any information, content, products or services from any such third party sources. The information, content, products or services together with any representations or warranties made by those sources are the sole responsibility of the operator of that source. New Power assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied. User accesses, uses, and relies upon such third party content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit, or may be otherwise offensive. User accesses such materials at User's risk. New Power has no control over and accepts no responsibility whatsoever for such materials.

User understands that, except for information, content, products or services clearly identified as being supplied by New Power in an authorized venue, New Power does not operate, control or endorse any information, products or services on the Internet in any way, including any content submitted by users on its site. User also understands that New Power cannot, and does not, guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or any other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. New Power does not assume any responsibility or risk for User's use of the Internet.

New Power offers no guarantees and assumes no responsibility or liability of any type with respect to information, content, products or services available from third parties, including any liability resulting from incompatibility between such third party information, content, products or services and the information, content, products and services available from the Web Site.

New Power expressly disclaims any and all warranties with respect to any third party content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation on Liability

New Power, its licensors, service providers, content providers, suppliers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, punitive, exemplary, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if New Power has been advised of the possibility of such damages. In no event will the collective liability of New Power and its licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to New Power for the applicable information, content, product or service out of which liability arose, even if such remedy is deemed to fail of its essential purpose.

NEW POWER AND its licensors, service providers, content providers, and SUPPLIERS PROVIDE THE WEB SITE AND ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. NOTHING ORAL OR WRITTEN FROM OR THROUGH THE WEB SITE SHALL CREATE ANY OTHER WARRANTY WHATSOEVER unless it expressly sets forth aN exception REFERENCING thIS SECTION OF THESE TERMS OF USE. WITHOUT LIMITING THE FOREGOING, NEW POWER MAKES NO WARRANTY THAT (i) USER REQUIREMENTS OR EXPECTATIONS WILL BE SATISFIED; (ii) INFORMATION, CONTEnT, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, EFFECTIVE, ACCURATE, OR RELIABLE; OR (iii) ANY ERRORS IN SOFTWARE OBTAINED FROM OR USED THROUGH THE WEB SITE, OR ANY DEFECTS IN THE WEB SITE, WILL BE CORRECTED. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. NEW POWER MAY MAKE CHANGES AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO DO SO.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply. Should New Power’s exclusion and limitation of liability not fully apply, it shall apply to the fullest extent permitted by applicable law, including limitation of any implied warranties to no more than ninety (90) days. This warranty gives specific legal rights and other legal rights may exist which vary from state to state.

USER UNDERSTANDS AND ACKNOWLEDGES THAT (i) NEW POWER DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, CONTENT SUBMITTED BY USERS, AS WELL AS THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) NEW POWER MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, INFORMATION, PRODUCTS, OR SERVICES; OR (iii) ANY DEALINGS USER MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) NEW POWER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE WEB SITE OR THE DOWNLOADING OR OTHER USE OF ANYTHING AVAILABLE THROUGH THIS WEB SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. NEW POWER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO USER’S COMPUTER IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODICT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE WEB SITE OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

No promises, representations, inducements, agreements, or warranties, other than those expressly set forth in these Terms of Use, have been made to induce User’s acceptance of these Terms of Use and User represents and warrants having agreed to these Terms of Use without reliance on any such promise, representation, inducement, or warranty of any kind.

Indemnity

User agrees to indemnify and hold New Power and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, licensors, content providers, service providers, assigns, and licensees ("Indemnified Parties") 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 Web Site or violation (or attempted violation) of these Terms of Use. User agrees that the Indemnified Parties will have no liability in connection with any such circumstance, and agrees to indemnify and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection herewith.

Disputes

These Terms of Use shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents without giving effect to California conflict of laws provisions or those of User’s actual state or country of residence. New Power and User hereby agree to submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Santa Clara County, California.

User may contact New Power with questions or concerns. However, if the concern is regarding a fee incurred in connection with the Web Site and it is not satisfactorily resolved within fifteen (15) business days of initiating an exchange of electronic messages, the User must write to New Power’s no later than ninety (90) days after the disputed charge was, or should have been, discovered to preserve User’s right to contest the illegitimacy of the questioned fee or any part thereof.

User with a dispute with one or more other User(s) and/or New Power releases New Power (and its successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. In connection with the foregoing, the User hereby waives any and all rights under California Civil Code section 1542, and/or any similar federal, state, or local law. The section provides as follows:

Section 1542. General Release - Claims Extinguished.
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Notices sent to New Power shall be sent by registered U.S. mail to the address listed in the contact link on the Web Site with a return receipt requested. Notices sent to User shall be sent to the email address that User provided to New Power. Failure of User to maintain a current and working e-mail address constitutes a waiver of any right to receive notices.

Should any part of these Terms of Use be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions expressed, and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of the Terms of Use are held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable, and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. New Power’s failure to act with respect to a breach by User or others does not waive New Power’s right to act subsequently with respect to the breach or with respect to subsequent or similar breaches.

International

The Web Site can be accessed from countries around the world, and may contain references to information, content, products or services that are not available in your country. The Web Site is controlled, operated, and administered by New Power from the United States of America. New Power makes no representation that use at other locations is legal. A User accessing the Web Site from a location outside the United States is responsible for compliance with all local laws.

The export and re-export of New Power’s software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, New Power’s software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading an New Power software product, User is certifying that User is not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that user is not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Privacy

New Power’s privacy policy is incorporated herein by reference, as if fully set forth herein.

Complete Agreement

These Terms of Use constitute the complete and only understanding and agreement between New Power and User, and supersede all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to New Power’s Web Site. These Terms of Use cannot be varied, amended, changed, waived, or discharged except in a writing that specifically refers to these Terms of Use and is authorized by an executive officer of New Power.