YOUR PRIVACY IS IMPORTANT TO US!

Terms and Conditions of Use Agreement

Please read these Terms and Conditions of Use carefully before using this site. By using this site, you signify your agreement with these Terms and Conditions of Use. 5 Wits, Inc., reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use at any time, and you agree to be bound by such modifications, alterations or updates. Trademarks, Copyrights and Restrictions This site is controlled and operated by 5 Wits, Inc., (“5 Wits”). All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by 5 Wits, Inc., or by other parties that have licensed their material to 5 Wits, Inc., (“Copyrights”). Material from any web site owned, operated, licensed or controlled by 5 Wits, Inc., (“5 Wits Web Sites”) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms and Conditions of Use Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

Privacy

5 Wits, Inc., is very respectful of the privacy concerns of the visitors to its sites on the Internet. As a general policy, we will not collect personally identifiable information about you (such as your name, address, telephone number, or email address) through our websites unless you have provided it to us voluntarily. For example, you may provide personal information in order to register for a contest or sweepstakes, subscribe to a mailing list, participate in a promotion, request information, order tickets or products, respond to a survey, or join a club. Your participation is voluntary—if you do not want your personal information collected, please do not submit it to us. Personally identifiable information that is voluntarily submitted by visitors is retained by 5 Wits and is not sold or rented to others. Additionally, certain non-personal information of visitors is recorded by the standard operation of 5 Wits’ internet servers. This information is primarily used to provide an enhanced or customized online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor’s Internet service provider (e.g., America Online, Earthlink). By having this information, web pages optimized for a particular visitor’s computer may be automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. This information is used for 5 Wits and its associates to better understand visitors’ use of our sites and to support transactions made on the sites. 5 Wits also sometimes uses e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters, coupons, or messages and/or requesting general information. If you receive email from 5 Wits and would prefer to no longer be contacted by 5 Wits, simply follow the instructions at the bottom of the email, or write to info@5-wits.com and ask to be unsubscribed to have your email address permanently deleted from our database.

A special note for parents concerning privacy

5 Wits does not intend to collect personal information from children twelve years old and younger. If we know that a child under the age of 13 has submitted information to one of our web sites, we will automatically delete that information from our system.

5 Wits makes a special effort to encourage children to consult with their parents before furnishing data. However, 5 Wits believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the “Consumer Assistance” page of the Direct Marketing Association home page. www.the-dma.org

Linked Sites

5 Wits, Inc. is not responsible for the content of web sites that may be linked to our pages, whether or not 5 Wits is affiliated with those sites. The linked sites are for visitor’s convenience only and you access them at your own risk.

Disclaimer

The materials in 5 Wits Web Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, 5 Wits, Inc., disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 5 Wits, Inc., does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that 5 Wits web sites or the server that makes them available are free of viruses or other harmful components. 5 Wits, Inc., does not warrant or make any representations regarding the use or the results of the use of the materials in 5 Wits web sites in terms of their correctness, accuracy, reliability, or otherwise. Visitors (and not 5 Wits, Inc.) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to visitors. The material that visitors read in 5 Wits web sites is provided solely for entertainment and promotional purposes. Furthermore, neither 5 Wits, Inc., nor its affiliated or related entities or its content providers is responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in 5 Wits web sites.

Submissions

Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of 5 Wits, Inc., and 5 Wits, Inc., shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors send email or otherwise submit material to 5 Wits web sites, visitors agree that 5 Wits, Inc., has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

Visitors agree to indemnify 5 Wits, Inc., and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from visitors’ breach of any of the foregoing agreements, representations, and warranties.

Jurisdictional Issues

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, as it is applied to agreements entered into and to be performed entirely within such state. Any action visitors, any third party or 5 Wits, Inc., bring to enforce, in connection with this agreement or any matters related to this site shall be brought only in either the state or Federal Courts located in Boston, Massachusetts, and visitors expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by 5 Wits, Inc.