1. TRADEMARKS.

The Touchpoint™ system or portions thereof are covered by the following U.S. patents: #5,748,484, #5,751,590 and other related U.S. patents and corresponding foreign patents.

2. ACCEPTANCE OF TERMS.

This Touchpoint website ("Site") is a service of Touchpoint, Inc. Touchpoint provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing and using this Site on the Internet or World Wide Web, you are agreeing to comply with and be bound by the Terms. In addition, when using particular Touchpoint services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.

3. DESCRIPTION OF SERVICE.

Touchpoint sells paper products including cards, postcards, invitations, and announcements on-line. Additionally, Touchpoint offers various services relating to the printing, purchase and mailing of such (collectively, the "Service"). Unless specifically stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms and Conditions.

4. USE OF SITE.

4.1 Proprietary Rights. The Site contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Touchpoint or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. TOUCHPOINT™ and other Touchpoint and Touchpoint logos and product and service names are trademarks of Touchpoint (the "Touchpoint Marks"). You agree not to display or use in any manner, the Touchpoint Marks without Touchpoint's written permission.

4.2 No Framing. You agree not to "frame" or "mirror" any Content or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Touchpoint or its licensors, respectively.

4.3 Online Conduct. Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:

4.4 Use of Content. Touchpoint grants permission to access and view the Site and to electronically copy and print in hard copy portions of the Site for the sole purpose of submitting an order. Any other use of the Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.

5. DISCLAIMER.

THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TOUCHPOINT IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, TOUCHPOINT EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, TOUCHPOINT SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TOUCHPOINT NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

6. LIMITATION OF LIABILITY.

YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER TOUCHPOINT NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM TOUCHPOINT OR THE SITE, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO TOUCHPOINT RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.

7. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY AND HOLD TOUCHPOINT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TOU BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

8. APPLICABLE LAW.

The Site (excluding linked sites, see Paragraph 7, below) is controlled by Touchpoint from its offices within the State of California, United States of America. Since it can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of California, by accessing the Site both you and Touchpoint agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the site and its contents. Touchpoint makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States. You and Touchpoint further agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to any matters relating to the Services, the use of the Site and its Contents, or any transactions arising there from.

9. LINKS TO OTHER WEBSITES AND SERVICES.

The Site may from time to time contain links to other sites. The linked sites are not under the control of Touchpoint and Touchpoint is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Touchpoint reserves the right to terminate any link or linking program at any time. Touchpoint is providing these links to you only as a convenience. Touchpoint does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

10. SECURITY RULES.

You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

11. SPECIAL LEGAL CONSIDERATIONS.

You must possess the legal right and ability to use the Site. Without limiting the foregoing, you agree to be financially responsible for any order(s) you place on or in connection with the Site. You also acknowledge that the Content may not be suitable for all visitors and you agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portion(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site (e.g. any applicable rules and or policies of your employer or Internet Service Provider). Not withstanding any other provision of the Terms to the contrary, Touchpoint reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Touchpoint to law enforcement authorities or other relevant or related third parties. TOUCHPOINT RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ON-LINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.

12. GENERAL.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Touchpoint to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Touchpoint in writing. The Terms comprises the entire agreement between you and Touchpoint and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms, Touchpoint reserves the right to terminate Service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused Services, if applicable.

13. YOUR COPYRIGHTS.

Touchpoint respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this site or our services, please contact Touchpoint, Inc., 1195 Park Avenue #211, Emeryville, CA 94608, phone 510.595.6775, fax 510.595.6657 for notice of claims of copyright infringement.

You must provide our agent with the following information, which Touchpoint may then forward to the alleged infringer:

Upon receiving your complaint, Touchpoint may remove content that you believe infringes your copyright. In addition, Touchpoint may terminate the account of the member who appears to be infringing your intellectual property rights.