1. Use of Material or Technology on the Web Site

3. Disclaimer of Warranty and Limitation of Liability

(a) WildTangent Defined
For purposes of this section, "WildTangent" shall include WildTangent, Inc, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, its licensors and suppliers, and any third-party providers or sources of information or data.

(b) Disclaimer of Warranty
You expressly acknowledge and agree that your use of the Materials and any Technology is at your own risk. Materials and Technology are provided "AS IS", without warranties of any kind. WILDTANGENT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY / ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WILDTANGENT SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE MATERIALS OR TECHNOLOGY INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, DATA, BUSINESS OR ANY OTHER MATTER RESULTING FROM THE MATERIALS OR THE TECHNOLOGY, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO SAME ON THE Web Site.

(c) Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WILDTANGENT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST, PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE Web Site, THE MATERIALS OR THE TECHNOLOGY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WILDTANGENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnity

You agree to defend, indemnify and hold WildTangent, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

5. General

WildTangent is based in Redmond, Washington, in the United States of America. WildTangent makes no claims that the Materials or Technology is appropriate or may be downloaded outside of the United States. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with WildTangent, or in any way relating to your use of the Web Site, resides in the courts of the State of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving WildTangent or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7. U.S. Government End Users

Any Technology which is downloaded or accessed from the Web Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided to the U.S. Government as "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), and all U.S. Government End Users acquire the Technology with only those rights set forth in the applicable license agreement.

8. Feedback

Any comments or materials sent to WildTangent including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Web Site or any other products or programs of WildTangent (collectively "Feedback"), shall be deemed to be non-confidential. WildTangent shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, WildTangent shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.