MyStore.com's Copyright Notice - 2007
MyStore and the MyStore logo are trademarks of yourStore, LLC. Patents Pending. All other designated trademarks and brands are the property of their respective owners. All stores are independently managed by store owners. Store items and content are the responsibility of individual store operators

Any unauthorized use of MyStore.com's patents, trademarks, service marks, logos, slogans, screen shots, graphic styles, designs, copyrighted materials or any branded features ("MyStore.com Proprietary Property") without the prior written permission of MyStore.com is also strictly prohibited. If you infringe upon MyStore.com's rights with respect to any MyStore.com's Proprietary Property, you will be ordered to cease such illegal activity and you will be strictly liable to MyStore.com for any and all damages (including recovery of attorneys' fees) which may be suffered and/or incurred as a result of your infringement.

All web stores within the MyStore marketplace are independently created and managed by their web store owners. Store items and content are the responsibility of individual store operators. If you are a legitimate trademark, service mark, publishing or copyright owner who believes that your rights have been infringed upon in any way, by any MyStore web store owner or through the content or services provided on this website, please notify us at:

yourStore, LLC.
Attn: MyStore.com
PMB #2281
502 E. John St. Rm.E
Carson City, Nevada 89706
Attn : Agent for Receipt of Copyright Notices

MyStore.com's Terms of Use Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the MyStore.com web site(s) which is identified by the uniform resource locator http://www.mystore.com (the"Site(s)"). This Agreement is entered into between you as the user of the Site(s) (the" User") and MyStore.com. ("MyStore").

  1. Application of and Acceptance of Terms and Conditions.

    1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with MyStore.com as a registered User or whether said User is a paying customer for a specific service provided by MyStore.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

    1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

    1.3 This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Premium Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to MyStore.com and/or its affiliates; and (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Premium Service shall prevail.

    1.4 MyStore.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on January 18, 2006. Posting by MyStore of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of MyStore.com.

  2. Premium Services.

    2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, MyStore.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.

    2.2 MyStore reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of MyStore.com.

  3. Users Generally.

    3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "MyStore Content") for the purpose of re-selling or re-distributing the MyStore.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with MyStore.com, or otherwise commercially exploiting the MyStore.com Content. Systematic retrieval of MyStore.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MyStore.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

    3.2 Some of the MyStore.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). MyStore.com is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither MyStore.com nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. MyStore.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, MyStore is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

    3.3 MyStore.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that MyStore.com has no control over such third party's web site, does not monitor such sites, and MyStore.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.

    3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.

    3.5 MyStore.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall MyStore.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

    3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by MyStore.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

    3.7 We urge that you read MyStore.com's Privacy Policy which governs the protection and use of each User's information in MyStore.com's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that MyStore.com may change the Privacy Policy from time to time provided that MyStore.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

    3.8 As a condition of your access to and use of MyStore.com, you agree that you will not use the MyStore.com service to infringe the intellectual property rights of others in any way. MyStore.com will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, MyStore.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the MyStore.com service, or if MyStore believes that user conduct is harmful to the interests of MyStore.com, its affiliates, or other users, or for any other reason in MyStore.com's sole discretion, with or without cause.

  4. Registered Users

    4.1 Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of MyStore.com (a "Registered User"). MyStore.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.

    4.2 MyStore.com may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.

    4.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to MyStore.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

    4.4 By becoming a Registered User, you consent to the inclusion of your personal data in our database(s) and authorize MyStore.com to share such information with other Users.

    4.5 MyStore.com may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in MyStore.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) MyStore.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) MyStore believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, MyStore.com's other Users, or MyStore.com or its affiliates.

    4.6 The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

    4.7 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of MyStore.com. MyStore.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

    4.8 Notwithstanding Section 4.1 above, MyStore.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.

  5. Users Who Post Information on MyStore.com

    5.1 You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.

    5.2 No sales agency relationship is created between any User and MyStore.com, our affiliates, directors, officers or employees by virtue of MyStore.com's display of any of the User's information on the Site.

    5.3 Each User hereby represents, warrants and agrees to (a) provide MyStore.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to MyStore.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

    5.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to MyStore.com or authorizes MyStore.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to MyStore.com or authorizes MyStore.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

    5.5 Each User hereby represents, warrants and agrees that information submitted to MyStore.com for display on the Site shall not:

    1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
    2. be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
    3. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
    4. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
    6. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
    7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    8. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
    9. solicit business from any Users in connection with a commercial activity that competes with MyStore;
    10. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
    11. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
    12. otherwise create any liability for MyStore.com or its affiliates.
    13. 5.6 MyStore reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject MyStore.com to liability, violates this Agreement or is otherwise found inappropriate in MyStore.com's opinion. MyStore.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, MyStore.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and MyStore.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against MyStore.com for such disclosure. In connection with any of the foregoing, MyStore.com may suspend or terminate the Account of any User as MyStore.com deems appropriate in its sole discretion. User agrees that MyStore.com shall have no liability to User, including no liability for consequential or any other damages, in the event MyStore.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that MyStore.com may take such actions.

  6. Transactions between Buyers and Sellers

    6.1 Through the Site, MyStore.com provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. MyStore.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, MyStore.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

    6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. MyStore.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MyStore.com cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

    6.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that MyStore shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

    6.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

    6.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify MyStore (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

  7. Limitation of Liability

    7.1 THE FEATURES AND SERVICES ON THE MyStore.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MyStore.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

    7.2 MyStore MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. MyStore DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND MyStore MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE MyStore.COM SITE.

    7.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from MyStore.com or through or from the Site shall create any warranty not expressly stated herein.

    7.4 Under no circumstances shall MyStore.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

    7.5 Each User hereby agrees to indemnify and save MyStore.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save MyStore.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to MyStore.com, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save MyStore.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that MyStore.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. MyStore.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MyStore.com in asserting any available defenses.

    7.6 MyStore.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

    1. the use or the inability to use the Site;
    2. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
    3. violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
    4. unauthorized access by third parties to data or private information of any User;
    5. statements or conduct of any User of the Site; or
    6. any matters relating to Premium Services however arising, including negligence.

  8. Intellectual Property Rights

    8.1 MyStore.com is the sole owner or lawful licensee of all the rights to the Site and the MyStore Content. The Site and MyStore.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and MyStore.com Content shall remain with MyStore.com, its affiliates or licensors of the MyStore.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by MyStore.com are hereby reserved.

    8.2 "MyStore" and related icons and logos are registered trademarks or trademarks or service marks of MyStore.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

  9. Notices

    9.1 All notices or demands to or upon MyStore.com shall be effective if in writing and shall be duly made when sent to MyStore in the following manner: to 3960 Howard Hughes Parkway Suite 500, Las Vegas, Nevada 89109 Attn: Legal Department.

    9.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to MyStore.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when

    1. MyStore.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
    2. immediately upon MyStore.com's posting such notice on an area of the Site that is publicly accessible without charge.

  10. General

    10.1 Subject to any additional agreements this Agreement and the Privacy Policy constitute the entire agreement between the User and MyStore.com with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

    10.2 MyStore.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    10.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    10.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    10.5 MyStore.com's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives MyStore's right to act with respect with subsequent or similar breaches.

    10.6 MyStore.com shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.

    10.7 This Agreement shall be governed by the laws of the State of Nevada ("Nevada") without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Nevada.

MyStore.com's Merchant User Agreement

This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and MyStore.com, Inc. ("MyStore.com").

MyStore.com provides software programs ("Software") that enable merchants to build online stores through which they can sell their products and services online. MyStore.com also provides merchants services, including hosting of the online store, site design, email services, marketing services, domain name registration, and other related services as may be offered from time to time (collectively, "Services").

This Agreement is effective upon Your acceptance in registration. By accepting this Agreement and subject to the terms and conditions of this Agreement, including those terms and conditions that are set forth on the MyStore.com website located at www.MyStore.com ("MyStore.com Site") that are incorporated herein by reference and may be accessed through links in this Agreement, MyStore.com will provide You with a limited license to use the Software and receive the Services. Please note that underlined words and phrases in this Agreement are links to pages on the MyStore.com Site.

By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on the MyStore.com Site.

You authorize MyStore.com to process any and all of Your MyStore.com account transactions initiated through the use of the password and/or passphrase that You establish through registration on the MyStore.com Site and You are solely responsible for maintaining the confidentiality of such password and/or passphrase.

Notwithstanding anything contained in the foregoing, this Agreement will not bind MyStore.com unless You meet the eligibility criteria for entering into this Agreement as set forth in Section 1 of this Agreement.

1. ELIGIBILITY CRITERIA.

The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. MyStore.com uses many techniques to verify the accuracy of the information You provide when You register on the MyStore.com Site. If for any reason, MyStore.com, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.

2. MyStore.com SOFTWARE AND TRADEMARK OWNERSHIP AND LICENSES.

2.1 SOFTWARE OWNERSHIP.

Software provided by MyStore.com, and all worldwide intellectual property rights therein, are the exclusive property of MyStore.com. All rights in and to the Software not expressly granted to You in this Agreement are reserved by MyStore.com.

2.2 SOFTWARE LICENSE.

Subject to the terms and conditions of this Agreement, MyStore.com grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for MyStore.com ("MyStore.com Servers") through the MyStore.com Site solely for the purpose of building and maintaining an interactive store hosted by the MyStore.com Servers on which You offer Your or a third party's products or services ("Your Store").

2.3 SOFTWARE LICENSE RESTRICTIONS.

You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of MyStore.com. Accordingly, except as expressly allowed under Section 2.2, You will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or (d) transfer your interest in and to Your Store to any third party.

2.4 MyStore.com TRADEMARK OWNERSHIP, LICENSE AND RESTRICTIONS.

Subject to the terms and conditions of this Agreement, and upon Your election to use and pay applicable fees (if any) for certain features of the Software, MyStore.com grants to You a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce those trademarks provided to you by MyStore.com under this Agreement ("MyStore.com Marks"), solely for use in the display on those locations on Your Store's web pages as designated by MyStore.com in its sole discretion, and solely in accordance with MyStore.com' Trademarks Use Policy, that is incorporated herein by reference and that MyStore.com may periodically change from time to time. MyStore.com grants no rights in the MyStore.com Marks other than those expressly granted in this Section 2.4. You acknowledge MyStore.com' exclusive ownership of the MyStore.com Marks. You agree not to take any action inconsistent with such ownership and You agree not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the MyStore.com Marks or in such a way as to create combination marks with the MyStore.com Marks. At MyStore.com' request (in its sole discretion), You will immediately discontinue any use and display of the MyStore.com Marks. You acknowledge and agree that, except with respect to the trademark license granted herein in and to the MyStore.com Marks, no licenses are granted by MyStore.com to any other trademarks, service marks, or trade names owned by MyStore.com, its parent, or affiliates.

2.5 ADDITIONAL FEATURES.

Certain additional features that MyStore.com may make available to You may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions ("Additional Software"). Similarly, MyStore.com may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). You agree that You will not use such Additional Software or Additional Services unless You have agreed to the applicable terms and conditions, including but not limited to Your payment of additional fees as required.

Depending on the Services you elect to receive, You may be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between You and that entity and such terms may be more restrictive or place limits on the operation of Your Store - you should contact those entities for more information regarding such terms.

3. SERVICES.

3.1 SERVICES.

Upon activation of Your account and subject to the payment of applicable fees, MyStore.com will provide certain hosting, support and other miscellaneous Services for the Software licensed by You under this Agreement and Your Store during the term of this Agreement as published on the MyStore.com Site. Your Store shall be hosted on a MyStore.com Server on which several merchants may share the resources and network capacity of that MyStore.com Server.

3.2 DOMAIN NAME REGISTRATION.

At Your request and subject to Your agreement to applicable terms and conditions and the payment of applicable fees, MyStore.com Additional Services may include acquisition and registration of a second-level domain name ("Domain Name") for Your Store on Your behalf. You hereby appoint MyStore.com and third parties who provide domain name registration services to MyStore.com as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize MyStore.com and third parties who provide domain name registration services to MyStore.com to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. MyStore.com provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against MyStore.com for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition, MyStore.com reserves the right, in MyStore.com' sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you.

3.3 STORE DESIGN AND CUSTOMIZATION.

At Your request, and subject to MyStore.com' acceptance of your request and Your payment of applicable fees, MyStore.com will provide design and customization Services for Your Store as provided in this Section 3.3 and in accordance with MyStore.com' then current customization terms and conditions. You shall provide all text, music, sound, photographs, video, graphics, logo data, software, design, information and all other content for Your Store to MyStore.com within a time period designated by MyStore.com. MyStore.com shall transfer all Your content into electronic form and a user-accessible format.

3.4 CHANGES IN SERVICES.

MyStore.com reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. You agree to receive administrative communications from MyStore.com in regards to the Software, Services, Your account, policy changes and system updates.

4. YOUR STORE & CONTENT CONTROL

4.1 CONTROL OF YOUR STORE.

You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of Your Store, accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that MyStore.com has no obligation to back-up any data related to Your Store's operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.

4.2 CONTROL OF YOUR STORE'S CONTENT.

You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Your Store, regardless of whether MyStore.com provides any design or customization Services to You under this Agreement, including all descriptions of the products and services You offer to customers of Your Store and user-generated content on and related to Your Store. As a conduit, MyStore.com will give You complete discretion over Your content provided it is compatible and interoperable with the Software and Services provided by MyStore.com under this Agreement. You retain all rights, title and interest in and to all intellectual property rights embodied in Your content, exclusive of any content provided by MyStore.com. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in Section 5.1 of this Agreement, MyStore.com is entitled to suspend or terminate Your Store and/or any access to information or data related to Your account and the Software in accordance with Section 12 of this Agreement.

4.3 PASSIVE CONDUIT.

You acknowledge that, by only providing You with the ability to publish and distribute Your own or third party products, services or content, MyStore.com and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. MyStore.com has no obligation to You or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if MyStore.com believes in its sole discretion (as applicable) that Your Store or any products, services, content or other materials in the Store or on MyStore.com Servers may create liability for MyStore.com, You agree that MyStore.com may take any actions with respect to the content or materials or Your Store that MyStore.com believes are prudent or necessary to minimize or eliminate MyStore.com' potential liability. MyStore.com shall, as applicable, be the sole judge of what content or materials may create liability for MyStore.com.

4.4 CONTENT LICENSE.

During the period that MyStore.com provides Services to You pursuant to Section 3 of this Agreement, You hereby grant to MyStore.com and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your content solely for the purposes provided in this Agreement.

5. COVENANTS

5.1 COVENANTS BY YOU.

You covenant that any products, services, or content published and distributed on Your Store and Your related activities shall not violate the MyStore.com Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they :

    (i) be false, inaccurate or misleading;

    (ii) be fraudulent or involve the sale of counterfeit or stolen items;

    (iii) infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

    (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);

    (v) be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

    (vi) be obscene or contain child pornography;

    (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

    (viii) involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;

    (ix) involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;

    (x) be harmful or potentially harmful to the MyStore.com Server structure as determined in MyStore.com' sole discretion, including without limitation overloading the MyStore.com technical infrastructure;

    (xi) involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;

    (xii) create liability for MyStore.com and its subcontractors or expose them to undue risk or otherwise engage in activities that MyStore.com, in its sole discretion, determines to be harmful to MyStore.com' affiliates, operations, reputation, or goodwill ; and

    (xiii) link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate MyStore.com' Prohibited and Restricted Items that is incorporated herein by reference and may be amended from time to time.

Furthermore, You agree to display and adhere to a terms of use or other user-type agreement, as well as a privacy policy, governing Your operation of Your Store and Your conduct with Your Store's customers.

5.2 BREACH OF COVENANT.

Your failure to comply with the covenants set forth in Section 5.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 12 of this Agreement.

6. FEES; TAXES; & AUDIT RIGHTS

6.1 FEES.

You shall pay the fees set forth for the Software license and Services purchased by You in accordance with MyStore.com' Fees Policy that is incorporated into this Agreement by reference. MyStore.com may change its Fees Policy and the fees for its Services from time to time. MyStore.com' changes to the policy are effective after MyStore.com provides You with at least fourteen (14) days' notice of the changes by posting the changes on the MyStore.com Site. Unless otherwise stated, all fees are quoted in U.S. Dollars.

6.2 PAYMENT TERMS.

MyStore.com will invoice You and You agree to pay for (i) non-refundable monthly subscription and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to You by or on behalf of MyStore.com in the following month, and (ii) transaction fees and all other fees designated in the Fees Policy to be paid in arrears based on the value of goods and services sold through Your Store during the previous calendar month, in accordance with the invoicing and payment requirements set forth in the Fees Policy. MyStore.com will debit all fees payable by You to MyStore.com directly from the credit card or PayPal account designated by You when You register for Your MyStore.com account to receive a license to the Software and receipt of Services from MyStore.com and thereafter in accordance with the Fees Policy. Without limiting MyStore.com' other remedies, any amount that is not retrievable from Your designated account when due will accrue a late fee at one and one half percent (1½ %) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.

6.3 TAXES.

All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on MyStore.com' income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or license of the Software and performance of the Services hereunder.

7. DISCLAIMER OF WARRANTIES.

MyStore.com, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. MyStore.com, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL MyStore.com, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). MyStore.com', ITS SUPPLIERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO [THE GREATER OF (A)] THE AMOUNT OF FEES YOU PAY TO MyStore.com FOR (I) THE SOFTWARE LICENSE AND (II) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

9. INDEMNITY

You agree to indemnify and hold MyStore.com, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) any breach of the covenants in Section 5.1 of this Agreement, (b) any content provided by You or generated by users of Your Store, (c) any claims arising from the sale or license of goods or services in Your Store, or (d) any breach of this Agreement or the documents it incorporates by reference. MyStore.com', its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by MyStore.com.

10. CUSTOMER DATA, YOUR DATA & PRIVACY POLICY

As between MyStore.com and You, You shall own all data disclosed by or collected about (a) an individual or entity that accesses Your Store to browse or shop ("Customer Data"), and (b) You ("Your Data"). MyStore.com does not sell or rent Your Data to third parties for marketing purposes without Your explicit consent and MyStore.com only uses and disclose Your Data as described in the MyStore.com Privacy Information, that is incorporated herein by reference and as it may be amended from time to time.

MyStore.com shall collect, store and process Customer Data and Your Data on computers located in the United States that are protected by physical as well as technological security devices. If You object to Customer Data or Your Data being collected, stored or processed in this way, please do not use the Software or Services.

You shall maintain all Customer Data that is collected by or disclosed to You in trust and confidence and use and disclose such information solely in accordance with Your privacy policy. You must post, maintain and adhere to Your privacy policy that informs Your Store customers what Customer Data is collected, how it is used, the effective date of Your privacy policy and how customers of Your Stores can learn of changes to Your privacy policy. You shall include a hyperlink to Your privacy policy on the home page of Your Store and on all pages where You collect Customer Data. In addition, You must prominently include within Your posted privacy policy a statement notifying Your customers that Your Store is hosted by MyStore.com and that MyStore.com has access to aggregated information about customers of Your Store in order for MyStore.com to analyze performance and make improvements to MyStore.com products.

11. BREACH

Without limiting other remedies, MyStore.com may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to You if: (a) You fail to pay any fees in accordance with Section 6 of this Agreement and the Price Policy; (b) You breach the covenants in Section 5.1 of this Agreement; (c) You breach this Agreement or the documents it incorporates by reference in any other manner; (d) MyStore.com is unable to verify or authenticate any information You provide to MyStore.com; or (e) MyStore.com believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or MyStore.com.

12. SUSPENSION AND TERMINATION

12.1 SUSPENSION.

At the discretion of MyStore.com and for any reason set forth in Section 12 of this Agreement, MyStore.com may suspend Your account by deactivating any access by You or by Your customers to any information contained on the MyStore.com Servers related to Your account while maintaining the information and data related to Your account upon the MyStore.com Servers. Suspension shall specifically include the disabling of Your Store and/or any access to information or data related to Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 12.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

12.2 TERMINATION.

This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by MyStore.com (a) immediately as provided in this Agreement, (b) after a period of suspension as set forth in Section 12.1 of this Agreement, or (c) upon thirty (30) days written notice for any reason. YOU may terminate this Agreement upon twenty-four hours notice by telephoning MyStore.com' designated customer support center. Your termination request may be recorded by MyStore.com and will require Your user name and password and verification code.

12.3 RIGHTS UPON TERMINATION.

In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and You shall destroy all copies of the Software in Your possession, if any. Upon termination, there will be no refund provided to You except as set forth in the Price Policy and all outstanding fees owed by You shall become immediately due and payable. Termination shall not affect the rights of MyStore.com to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement.

13. USE OF PAYPAL

If you purchase a license to Software and receive Services for the MyStore.com Express package, then You are required to use PayPal as the Payment Solution for Your Store. Using PayPal as a "Payment Solution" means that You use PayPal exclusively to process online payments from Your Store customers. If You select any other package, then You will have the option of using PayPal as a Payment Solution or a Payment Mark or You may choose not to use PayPal. Using PayPal as a "Payment Mark" means that You are providing PayPal as a payment option to customers of Your Store in conjunction with a third party online payment processing solution. In order to use PayPal with Your Store, You are required to sign up for a Business or Premier PayPal account and comply with the PayPal User Agreement and PayPal Privacy Policy.

14. GENERAL

14.1 GOVERNING LAW.

This Agreement shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction.

14.2 LEGAL COMPLIANCE.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, and Your listing and sale of products and services on Your Store.

14.3 NO AGENCY.

You and MyStore.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14.4 FORCE MAJEURE.

Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.

14.5 DISPUTES.

In the event a dispute arises between You and MyStore.com, MyStore.com goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and MyStore.com agree that any claim or controversy at law or equity that arises out of this Agreement, the Software, or Services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, MyStore.com strongly encourages You to first contact MyStore.com directly as provided in Section 14.6 to seek a resolution and MyStore.com will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

    a) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, You or MyStore.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association ("AAA") or the Judicial Arbitration and Mediation Service ("JAMS") in accordance with their applicable rules, or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Santa Clara County, California or where the defendant is located (in MyStore.com' case San Jose, California, and in Your case Your home address or principal place of business). You and MyStore.com agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.

    c) Alternative Dispute Resolution. Alternatively, MyStore.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Santa Clara County, California or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section 14.5 by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

14.6 NOTICES.

Except as explicitly stated otherwise, any notices shall be given by postal mail to MyStore.com Attn: Legal Department, 2145 Hamilton Avenue, San Jose, CA 95125 (in the case of MyStore.com) or to the email address You provide to MyStore.com during the registration process (in Your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless MyStore.com is notified that the email address is invalid. Alternatively, MyStore.com may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyStore.com during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

14.7 ASSIGNMENT.

You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by MyStore.com, in MyStore.com' sole discretion.

14.8 NO THIRD PARTY BENEFICIARY.

You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

14.9 SEVERABILITY; WAIVER.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MyStore.com' failure to act with respect to a breach by You or others does not waive MyStore.com' right to act with respect to subsequent or similar breaches.

14.10 CONSTRUCTION.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.

14.11 SURVIVAL.

Sections 2.4 (Ownership), 6.1 (Fees) with respect to any outstanding fees owed for the Services, 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnity), 10 (Customer Data, Your Data, & Privacy Policy), 12.3 (Rights Upon Termination), and 15 (General) shall survive any termination or expiration of this Agreement.

14.12 DISCLOSURES.

The services hereunder are offered by MyStore.com Inc., located at 2145 Hamilton Avenue, San Jose, CA 95125.

14.13 ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the Services offered by MyStore.com:

Each of these policies may be amended from time to time and the amended policies shall be automatically effective thirty (30) days after they are initially posted on the MyStore.com Site. In addition, when using particular services on the MyStore.com Site, You agree that You are subject to any posted policies or rules applicable to services You use through the MyStore.com Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

14.14 ENTIRE AGREEMENT.

This Agreement sets forth the entire understanding and agreement between You and MyStore.com with respect to the subject matter hereof.

MyStore.com's Privacy Policy


(Updated on December 15, 2006)


This is the Privacy Policy governing your use of the MyStore.com website. By using this Site, you consent to our Privacy Policy set out below. All terms not defined in this document have the meanings ascribed to them in the Terms of Use Agreement between you and MyStore.com which by use of this Site you agree to accept.

The Information We Collect

Registration Information: At the time you register to become a Registered User of the Site, you will be asked to complete a registration form which requires you provide information such as your name, address, phone/fax number, email address and other personal information as well as information about your business ("Registration Information.")

Publishing Information: If you submit any information to MyStore.com to be published on the Site through the publishing tools, including but not limited to Company Profile, Shopper Profile, Store or Seller Profile, Item Catalog, photographs and any discussion forum, then you are deemed to have given consent to the publication of such information ("Publishing Information").

Payment Information: If you establish a credit account with us or our providers or if you purchase a product or service from MyStore.com or a vendor available through MyStore.com, we may collect additional information, including billing information, credit card numbers and expiration dates and tracking information from cheques or money orders ("Payment Information").

Statistical Information: In addition, we gather aggregate statistical information about our Site and Users, such as IP addresses, browser software, operating system, pages viewed, number of sessions, unique visitors and so forth. ("Statistical Information").

Registration Information: Publishing Information, Payment Information, Statistical Information and any information we may collect from you through the use of cookies (see Section 5 below), or any other means, shall collectively be referred to as "Collected Information".


How We May Use Information

General: We use your Collected Information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Site's content, layout and service specifically for you. We may use your Collected Information to service your Account with us, including but not limited to investigating problems, resolving disputes and enforcing agreements with us. We may share certain aggregate information based on analysis of Collected Information with our partners, customers, advertisers or potential Users. We may use your Collected Information to execute marketing campaigns, promotions or advertising messages on behalf of third parties.

Registration Information: We may use your Registration Information to provide services that you request or to contact you regarding additional services about which MyStore.com determines that you might be interested. Specifically, we may use your email address, mailing address, phone number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Site. We may generate reports and analysis based on the Registration Information for internal analysis, monitoring and marketing decisions.

Publishing Information: All of your Publishing Information will be publicly available on the Site and therefore accessible by any internet user. Any Publishing Information that you disclose to MyStore.com becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information. You should exercise caution when deciding to include personal or proprietary information in the Publishing Information that you submit to us.

Payment Information: MyStore.com may share your Payment Information with banks or vendors relevant to the transaction in order to enable transactions to be completed. In addition, MyStore.com may use Payment Information to determine your credit-worthiness and, in the process of such determination, MyStore.com may make such Payment Information available to banks or credit agencies. Any credit card information that you provide through the Site is directly submitted to a payment server of the credit card processing bank. MyStore.com does not maintain electronic or physical copies of your credit card information. While MyStore.com has in place up-to-date technology and internal procedures to guard your Payment Information against intruders, there is no guarantee that such technology or procedure can eliminate all of the risks of theft, loss or mis-use. MyStore.com shall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other mis-use of Payment Information, including credit card information.

Statistical Information: We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Site, and to enhance our Site and services based on the usage pattern data we receive. We may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, but when we do so, we do not provide personally-identifying information without your permission.


Disclosure of Information

We reserve the right to disclose your Collected Information to relevant authorities where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of MyStore.com, our Users, Vendors, customers, partners, other web site users or anyone else who could be harmed by such activities.

We also reserve the right to disclose Collected Information in response to a subpoena or other judicial order or when we reasonably believe that such disclosure is required by law, regulation or administrative order of any court, governmental or regulatory authority.

If we have reason to believe that a User is in breach of the Terms of User Agreement or any other agreement with us, then we reserve the right to make public or otherwise disclose such User's Collected Information in order to pursue our claim or prevent further injury to MyStore or others.


Co-Branded Relationships

We have established relationships with other parties to offer you the benefit of other products and services which we ourselves do not offer. We offer you access to these other parties either through the use of hyperlinks to their sites from our Site, or through offering "co-branded" sites in which both ourselves and these other parties share the same uniform resource locator, domain name or pages within a domain name on the Internet. In some cases you may be required to submit information for purposes of registering or applying for products or services provided by such third parties or co-branded partners. The privacy policy of such other parties may differ from ours, and we may not have any control over the information that you submit to such third parties or co-branded sites. We therefore encourage you to read that policy before responding to any offers, products or services provided by such other parties.

Cookies

We use "cookies" to store specific information about you and track your visits to our Site. It is not uncommon for websites to use cookies to enhance identification of their users. A "cookie" is a small amount of data that is sent to your browser and stored on your computer's hard drive. A cookie can be sent to your computer's hard drive only if you access our Site using the computer. If you do not de-activate or erase the cookie, each time you use the same computer to access our Site, our web servers will be notified of your visit to our Site and in turn we may have knowledge of your visit and the pattern of your usage. Generally, we use cookies to identify you and enable us to access your Registration Information, Publishing Information or Payment Information so you do not have to re-enter it; gather statistical information about usage by Users; research visiting patters and help target advertisements based on User interests; assist our partners to track User visits to the Site and process orders; and track progress and participation in promotions.

You can determine if and how a cookie will be accepted by configuring your browser's which is installed in the computer you are using to access the Site. If you desire, you can change those configurations in your browser. By setting your preferences in the browser, you can accept all cookies, you can be notified when a cookie is sent, or you can reject all cookies. If you reject all cookies by choosing the cookie-disabling function in your browser, you may be required to re-enter your information on our Site more often and certain features of our Site may be unavailable.


Minors

The Site and its contents are not intended to be targeted to minors under applicable law and we do not intend to offer or sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Site and so we carry out the same Privacy Policy for individuals of all ages. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information.

Security Measures

We employ commercially reasonable security methods to prevent unauthorized access, maintain data accuracy and ensure correct use of information.

As a Registered User, your Registration Information, Publishing Information and Payment Information (if any) can be viewed and edited through your Account which is protected by Password. We recommend that you do not divulge your Password to anyone. Our personnel will never ask you for your Password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, you should not choose to save your log-in information (e.g., User ID and Password) on the computer. Remember to sign out of your Account and close your browser window when you have finished your session.

No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secured. As a result, while we try to protect your information, no web site or company, including ourselves, can absolutely ensure or guarantee the security of any information you transmit to us and you do so at your own risk.


Changes to Privacy Policy

Any changes to this Privacy Policy will be communicated through our posting an amended and restated Privacy Policy on our Site. Our posting the amended and restated Privacy Policy will make such new Privacy Policy immediately effective. You agree that all Collected Information (whether or not collected prior to or after the new policy became effective) will be governed by the newest Privacy Policy then in effect. If you do not agree to the new changes in our Privacy Policy, you should contact MyStore.com in writing (at the address set out in the Notice provision of the Terms of Use Agreement) and specifically request that MyStore.com return and/or destroy all copies of all or part of your Collected Information in MyStore.com's possession. This Privacy Policy was last amended on May 5, 2007.

Correcting Your Information

You can access, view and edit your Registration Information, Publishing Information and Payment Information (if any) through your Account with MyStore.com.

Your feedback

MyStore.com welcomes your continuous input regarding our Privacy Policy or our services provided to you. You may send us your comments and responses to support@MyStore.com.

IMPORTANT

Nothing in this policy shall limit, prohibit, or otherwise deny the ability of MyStore.com to

(1) transfer, assign, or sell our assets to a third party without limitation, or

(2) dispose of our assets in any manner, through bankruptcy or similar proceeding. In addition, MyStore.com makes no warranties or claims regarding the accuracy or completeness of the information we collect and disclose through our site, and disclaims any liability regarding its use.

MyStore.com's Intellectual Property Protection Policy and Infringement Claims

MyStore.com respects the intellectual property rights of others, and we expect our users to do the same. We have instituted the following procedures to facilitate cooperation between MyStore store owners and you in protecting your intellectual property rights:
  • Voluntary review and removal by MyStore.com of offerings that appear to offer infringing items
  • Prompt removal of such offerings where an appropriate intellectual property infringement claim is filed by intellectual property rights owners against the user of MyStore.com's website, software or services who submitted such offerings
  • Written notification to users submitting infringing offerings that the items are prohibited on the MyStore.com's website and are thereby removed
  • Written notification to users whose offerings are claimed to infringe the intellectual property rights of others, and provision of an opportunity to respond to such charges
  • Termination and removal, when appropriate, of MyStore web stores who appear to be repeat infringers.
MyStore.com is not an expert in your intellectual property rights, and we cannot verify that the users of MyStore's software, website or services - who post offerings using our software each day - have the right to sell the goods offered. We appreciate your assistance in identifying offerings which may not appear on their face to infringe your rights but which you believe are infringing. MyStore.com is also not an arbiter or judge of disputes about intellectual property rights. By terminating a web store or offering, as a prudential matter, MyStore.com is not endorsing a claim of infringement. Neither, in those instances in which MyStore.com declines to remove a webstore or offering, is MyStore.com determining that that web store or offering is not infringing, nor is MyStore.com endorsing the web store or offering in such cases.

We ask those who assert claims of infringement and ask MyStore.com to stop others from offering items, to stand behind their claims. By submitting a report of alleged infringement to MyStore.com and asking MyStore.com to remove a web store or offering, you agree to indemnify MyStore.com against claims or damages arising from the removal of the accused web store or offering.

Procedures for reporting an alleged infringement to MyStore.com:

  • If you have a good faith belief that a web store or offering on MyStore.com infringes your copyright, trademark, patent or other intellectual property rights, you may download our Notice of Claimed IPR Infringement (the "Notice") form, complete it, and fax or email it to MyStore.com. The completed Notice should specifically identify the web store and claimed infringing offering (i.e., service, product description, model number, etc.). Click here to download MyStore.com's Notice of Claimed Infringement Form.
  • Upon receipt of the Notice, we will promptly evaluate your complaint, and in cases where it appropriate, we will expeditiously remove the web store or offering referred to in the Notice.
  • We will notify the web store owner in writing of the removal of the claimed infringing offering and provide the web store owner with your contact information so that the may contact you directly and with an opportunity to respond.
  • If the web store owner objects to the removal of the alleged infringing offering, the web store owner may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may reinstate the web store and its offering unless we receive notice from you that an action has been filed against the web store owner in a court of competent jurisdiction for infringement of your intellectual property rights.

Agent for Notice for Claims of Intellectual Property Infringements

If you believe that your copyright or other intellectual property rights have been violated, you may contact MyStore.com's agent for notice of infringement claims as follows:

Legal name and address: yourStore, LLC.
Attn: MyStore.com
PMB #2281
502 E. John Street Rm. E
Carson City, Nevada 89706
Designated Agent: Attn: Legal Department
Address of Agent: yourStore, LLC.
PMB #2281
502 E. John Street Rm. E
Carson City, Nevada 89706
Telephone: +866 545 4881
Fax: +817 514 0811
Email: registeredagent@MyStore.com

This information is provided to help owners of intellectual property report potentially infringing offerings on MyStore.com, under the notice requirements of the Digital Millennium Copyright Act. If you are an intellectual property rights owner or an authorized agent of the intellectual property rights owner, please email us at: support@MyStore.com for details about reporting an infringing item.

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