Last Updated: August 21, 2009

AMPERE MEDIA LLC TERMS & CONDITIONS OF USE

This website (“Website”) is owned and operated by Ampere Media, LLC (hereinafter referred to as “Ampere Media”, “us”, “our” or “we”). Ampere Media permits third-parties (a “Third Party”) to sell products on the Website. Ampere Media is not involved in the actual transaction between you and the Third Party. This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the Website. The Terms and Conditions apply only to this Website and do not apply to websites that are linked to the Website. For access to the terms and conditions of linked websites, please refer to the home pages of such websites. The terms and conditions of your sales transaction with a Third Party is governed solely by the sales policy of that Third Party. If you do not agree with the terms of the Third Party’s sales policy, do not purchase from that Third Party. AMPERE MEDIA’S TERMS AND CONDITIONS DO NOT IN ANY RESPECT WHATSOEVER GOVERN THE TERMS AND CONDITIONS OF YOUR PURCHASE FROM A THIRD PARTY. These Terms and Conditions are subject to change at any time by Ampere Media without notice to you. It is your obligation to review these Terms and Conditions from time to time. Any changes to the Terms and Conditions will be effective immediately upon posting to the Website.

These Terms and Conditions govern your use of the Website and the information and services made available on and through the Website. Your use of the Website indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Website. Your continued use of the Website will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Website.

If after reviewing the Terms and Conditions you have any questions or concerns regarding the contents thereof, please contact us by sending an email to info@amperemedia.com.

TERMS & CONDITIONS OF USE

I. TERMINATION OF ACCESS

The use of this Website and its services is a privilege. Ampere Media reserves the right to suspend your use of this Website for any reason at any time, in its sole discretion.

II. DEFINITIONS

For the purposes of this Agreement, the following definitions apply:

"Content" includes all Text, Graphics, Design and Programming used on the Website.

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

"Graphics" includes all logos, buttons, and other graphical elements on the Website, with the exception of paid advertising banners.

"Design" includes the color combinations and the page layout of the Website.

"Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

"User" refers to any individual who uses any aspect of the Website or its services.

"You" refers to the person accessing the Website and agreeing to these Terms and Conditions.

The return policy and shipping terms of your purchase from a Third Party shall be as set forth on that Third Party’s sales policy. Ampere Media’s return policy and shipping terms, if any, are not applicable to such purchases. You are responsible for reviewing the Third Party’s return policy and shipping terms and for contacting such Third Party with respect to any questions regarding the return policy and shipping terms.

III. CORRECTNESS OF YOUR ORDER

Ampere Media shall not be responsible for the correctness of your order from a Third Party. Ampere Media makes no representations or warranties whatsoever with respect to the accuracy of information provided by a Third Party, nor does it represent or warrant that your order will be shipped to you timely or that the item or product you ordered will conform to the specifications set forth in your order.

IV. INFORMATION, CONTENT AND PRODUCTS

Ampere Media shall not be responsible for the information, content, items or products provided by a Third Party including, without limitation, ensuring the accuracy of the Third Party’s information or content, that the items or products for sale by the Third Party are as represented, or that the Third Party is in compliance will applicable state and federal laws, rules and regulations.

V. INTELLECTUAL PROPERTY RIGHTS

All Contents on the Website is the sole property of Ampere Media or its respective owners, as indicated, and is protected by U.S. copyright and international treaties. Ampere Media authorizes you to view and download a single copy of the Content on the Website solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics.

The “look” and “feel” of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright laws. All product names, names of services, trademarks and service marks ("Marks") are the property of Ampere Media or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.

VI. ACCEPTABLE USE OF THE WEBSITE

The Website and its services are intended to facilitate exchange of information between you and the Third Parties. By use of this Website, you consent to the exchange of information between the Third Parties and you, in accordance with our privacy policy, which may be accessed from the main page. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. The information displayed on the Website may not be used by you for any purpose except in connection with your direct use of the Website as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Website. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Website is also subject to the following restrictions:

a. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;

b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions.

c. You may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any Users.

VII. LIMITATIONS ON INFORMATION SUBMITTED

Any submission of information to Ampere Media through the Website is subject to the following guidelines and restrictions:

a. It may not contain URLs or links to any Internet Web sites;

b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);

c. It may not contain trade secrets (unless you own them or have the owner's permission to post them);

d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;

e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;

f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;

g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;

h. You may not solicit money, investments or make any offering of securities or investments;

i. You may not submit chain letters or pyramid schemes;

j. You may not submit opinions or notices, commercial or otherwise;

VIII. MONITORING OF INFORMATION

Ampere Media does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Website. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, Ampere Media may in its discretion review information submitted to the Website for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Website for any reason whatsoever.

IX. RIGHTS TO INFORMATION

User hereby grants to Ampere Media an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you in accordance with our privacy policy, which may be accessed from the main page.

X. SECURITY RULES

To ensure the security of the Website and of Users, the following security rules govern your use:

a. Prohibited Uses:

Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. Ampere Media will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

XI. TERMINATION OF ACCESS TO THE WEBSITE

Users who violate these Terms and Conditions may be denied access to the Website at the sole discretion of Ampere Media .

XII. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Your agreement to the following disclaimers and limitations are a material inducement to Ampere Media to permit you to access the Website. Your use of the Website, and the obligations and liabilities of Ampere Media in respect of your use of the Website, is expressly limited as follows:

a. Disclaimer and Information Limitations

(i) Conduct of Users

Ampere Media assumes no responsibility for the activities or conduct of Users.

(ii) Third Party Information

The Website displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Website, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Ampere Media on behalf of any third party. In addition, Ampere Media does not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Website. Ampere Media shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Website. Access to third party websites from the Website is done at your own risk. Ampere Media does not warranty any products purchased through the Website or purchased in reliance on information obtained from the Website. Warranties on purchased products, if any, are provided by the product's manufacturer.

(iii) Accuracy of Information

Ampere Media makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.

(iv) Indemnification

You agree to indemnify, defend and hold harmless Ampere Media from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.

b. Limitation of Liabilities and Warranty

(i) LIMITATION OF LIABILITY

IN NO EVENT SHALL AMPERE MEDIA BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.

(ii). NO WARRANTIES

AMPERE MEDIA PROVIDES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO PRODUCTS OR ITEMS SOLD BY OR PURCHASED FROM THIRD PARTIES INCLUDING, WITHOUT LIMITATION:

1. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

2. THAT THE PRODUCTS OR ITEMS WILL MEET YOUR REQUIREMENTS OR SATISFACTION OR WILL CONFORM IN ANY MANNER TO THE SPECIFICATIONS OF YOUR ORDER;

3. THAT THE INFORMATION, CONTENT, ITEMS OR PRODUCTS FROM THE THIRD PARTY WILL BE AS REPRESENTED, AVAILABLE FOR SALE AT THE TIME OF PURCHASE, LAWFUL TO SELL, OR THAT THE THIRD PARTY WILL PERFORM AS PROMISED;

4. THAT THE INFORMATION PROVIDED BY THE THIRD PARTY WILL BE ACCURATE OR ERROR-FREE; AND

5. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AMPERE MEDIA.

XIII. MISCELLANEOUS

The Terms and Conditions are governed by the internal substantive laws of the State of New York in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of the Terms and Conditions shall lie exclusively with the state and federal courts within the State of New York. If any provision of the Terms and Conditions is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The failure of Ampere Media to enforce any term or condition of the Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.