Service Terms
Updated November 1, 2007.
iTOK is a family of friends, and some of our friends are lawyers. Here's what they need you to know about using our services:
I
understand that by using the Service after a change becomes effective,
I have agreed to it. By purchasing Services from iTOK, I agree to be
bound by all of the terms and conditions set forth in this document.
THESE
TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING THE USE OF
iTOK'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH iTOK. THIS
DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
This
Contract is made between you and iTOK, LLC, a Utah Limited Liability
Company ("iTOK"). In this Contract the words "I", "me", "my", and
"you", refer to you as an iTOK client and "us", "we", "our", and
"iTOK", as iTOK, LLC.
The following are the
terms and conditions for use of iTOK services. Please read them
carefully. iTOK may change these Terms of Service at any time, with or
without notice. Accordingly, please return to this Website to check for
changes to the Terms of Service.
1. GENERAL
I
have accepted this Contract upon: (a) my submission of an online or
telephone request for service; (b) my accepting the Membership
Quarterly Maintenance; or (c) my use of any aspect of iTOK's Service as
defined in Paragraph 2. This Contract is made up of the terms below,
plus the Privacy Policy, all attachments to this Contract, and the
other policies and materials specifically referred to in these Terms of
Service, all of which are incorporated herein by reference. I hereby
give permission for iTOK, through the Neighborhood Advisor, or iTOK's
service representatives, to access my computer. I acknowledge that this
access carries with it some potential risk to information on my
computer, and I agree to release and hold iTOK harmless from all
liability for loss, including incidental or consequential damages, that
may result therefrom. The Contract and related policies are also set
forth on the iTOK website (http://www.itokhelp.com) ("Website"). The
Contract sets forth the terms and conditions under which I agree to use
the Service, and under which iTOK agrees to provide the Service to me.
2. DEFINITION OF SERVICE
For
purposes of this Contract, the term "Service" shall mean the iTOK
Computer Help service, including all technical support, newsgroups,
email and other features, products and services provided by iTOK under
the service option that I have selected. The Service may be referred to
as, "Remote Computer Support", "Virtual On-Demand Computer Support",
"On-Demand Computer Support Service", "Online Computer Support",
"On-going Maintenance Service", "Membership" and "Membership Services".
As part of the Service, iTOK may license to me, or assist me in
licensing third party software (see Section 9 below).
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.
I represent that: (i) I am 18 years of age or older and have the legal
capacity and authority to bind myself and/or the person, employer,
partnership, firm, association, corporation or business organization,
entity or enterprise I represent, as applicable, to this Contract; (ii)
I consent on behalf of myself and/or as an authorized representative of
the person, employer, partnership, firm, association, corporation or
business organization, entity or enterprise I represent, as applicable,
to be bound by this Contract; and (iii) the information I supply to
iTOK is correct and complete. I understand that iTOK relies on the
information I have supplied and that providing false or incorrect
information may result in Service withholding or delays or the
suspension or termination of my client account. I agree to promptly
notify iTOK whenever my personal or billing information changes
(including for example, my name, address, telephone number, and credit
card number and expiration date).
3.2
I agree that I am responsible for all use on my account, including any
secondary accounts or sub-accounts registered to my primary account. I
understand this means that I accept full liability and responsibility
for the actions of anyone who uses the Service via my account, or any
secondary accounts, with or without my permission.
3.3
I hereby acknowledge and agree that a Membership Service Contract
covers only the software, hardware and peripherals specifically
registered via the iTOK Contract. As part of the Membership Service,
iTOK may require me to install certain software to assist iTOK in the
provision of the Services. iTOK reserves the right to terminate this
Contract if I (i) do not agree to install the software on my PC; or
(ii) alter, modify or disable the software, or its settings or
configurations.
4. PRICING AND PAYMENT
4.1 Charges.
I agree to pay the applicable fees for iTOK services as well as any
taxes and other charges including but not limited to activation fees,
minimum service fees, no-show fees, fail to cancel fees, termination
fees, other nonrecurring charges and set-up fees. I also agree to pay
any additional charges or fees applied to my billing account for any
reason, including but not limited to, interest, and charges due to
insufficient credit or insufficient funds. I will at all times provide
to iTOK valid credit card information. If I change to another credit
card or receive a new account number for my credit card, I will notify
iTOK immediately of such changes. iTOK does not accept debit cards for
payment of any charges or fees.
4.2 Membership Pricing.
Membership includes a setup fee of $149.99 which includes licensing of
the iTOK proprietary software and the initial system cleaning. If more
than two hours is required in the initial cleaning, additional time
required will be billed at the membership discount rate. Trend Micro's
Internet Security software and configuration can be added my setup fee
for $40 plus tax. My first membership maintenance fee of $59.97 will be
charged at time of setup and then quarterly thereafter.
4.3 Monthly Maintenance and Missed Appointments.
iTOK will contact me in advance to schedule my quarterly maintenance
service. However, I am responsible for all quarterly maintenance
charges even if I am unable to schedule the service. And, if I do not
contact iTOK a minimum of two (2) hours prior to my appointment to
cancel or otherwise reschedule my appointment, I will be charged the
quarterly maintenance fee and, at iTOK's option, a missed appointment
fee of $25.
4.4 Late Fees. For any
amount not paid to iTOK when due, I agree to pay a late fee of ten
percent (10%) of such amount and to pay interest on the overdue amount
at the rate of 1.5% per month until paid in full. I authorize iTOK to
charge such late fees and interest to my credit card. Further, I agree
to pay all collection costs, including reasonable attorney's fees,
incurred by iTOK in collecting any amounts I owe to iTOK, whether
incurred or before or after civil litigation is commenced.
4.5 Service without Resolution.
iTOK will not charge for the first 15-minutes if we are unable to
recommend a solution. iTOK will make every reasonable attempt to
troubleshoot, analyze, assess, correct or otherwise fix my computer or
network problem. If iTOK is unable to resolve my computer problem after
15-minutes, I will be liable for charges for time spent by iTOK in an
attempt to correct a problem.
4.6 The waiver of any fees or charges lies solely at the discretion of iTOK.
4.7 iTOK reserves the right to charge service fees to my credit card up to eight (8) weeks after the conclusion of service.
5. PRIVACY POLICY & CONFIDENTIAL INFORMATION
5.1
At iTOK, your privacy is our most vital concern; it's a huge part of
what our business is all about. iTOK will treat your personal
information in accordance with its current Privacy Policy, subject to
change from time to time.
5.2 Each
party to this Contract agrees not to misuse or disclose to any
non-party, any confidential information of the other party.
Confidential information is information which relates to the other
party's research, development, trade secrets, business affairs, or
personal or financial data but does not include information which is in
the public domain or easily ascertainable by non-parties of ordinary
skill in computer systems design and programming.
5.3
iTOK hereby acknowledges that during the performance of this Contract,
iTOK, its advisors, agents, employees and service representatives may
learn or receive confidential information pertaining to me and hereby
confirms that all such information relating to the my business or
personal affairs will be kept confidential, except to the extent such
information is required to be divulged by law or by court order or is
required to be divulged to iTOK or iTOK's advisor, agents, employees or
affiliates to enable iTOK to perform its obligations under this
Contract.
5.4 Except as specifically
set forth in writing and signed by all parties, iTOK shall own and
retain all copyright and patent rights with respect to all ideas and
materials developed under this Contract. iTOK hereby grants to me a
non-exclusive license to use and employ such ideas and materials on the
computer system(s) and my network.
6. AVAILABILITY OF SERVICE
6.1
The Service may not be available at all times, and may not be available
in the format generally marketed, and some personal computers may not
be able to receive the Service even if initial testing showed that your
connection was qualified or your computer environment was suitable. For
Remote Computer Support, we will qualify your Internet connection for
the minimum line rate (speed) available for support based on our
standard line qualification procedures. Membership Services requires
high speed Internet access; it is your responsibility to ensure that
you have adequate connectivity to the Internet. All Services are
provided on an AS IS basis. Line rate, access and availability of
Service are not guaranteed.
6.2 iTOK
or its suppliers may, at any time, without notice or liability,
restrict the use of the Service or limit its time of availability in
order to perform maintenance activities and to maintain session control.
6.3
For Membership Services, iTOK will use commercially reasonable efforts
to schedule a mutually convenient service session within a reasonable
period of time. However, I hereby acknowledge that circumstances
outside of iTOK's control (e.g., a large scale outbreak of a new
computer virus) may cause significant delays in iTOK's ability to
schedule a service session. I hereby release iTOK from any and all
liability, and agree that iTOK shall not be liable to me or any third
party for any direct or indirect damages, resulting from such delays.
7. TERM AND TERMINATION
7.1 Effective Date and Term. This Contract goes into effect upon my acceptance of this Contract as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until one year from the date of this Contract and is automatically renewed unless either party provides a written notice of termination 60 days prior to the renewal date.
7.2.1 Termination of Service. In the event that iTOK fails to perform as promised under this Contract, I agree to provide iTOK with a right to cure the performance defects. Toward this end, I agree to give a thirty (30) days written notice to iTOK of any alleged defective or deficient Contract performance within the 5 day guaranteed period from the date such performance was rendered and to provide iTOK with prompt and reasonable access to my computer system(s) and network and, to the extent necessary, my home or office premises. If iTOK agrees that a deficiency exists, it shall have the right to repair the same within a reasonable time. If iTOK is unable to reasonably cure a defect caused by iTOK and that substantially impairs my use of the computer(s) covered under this Contract, I may terminate this Contract upon written notice to iTOK. In any such case, iTOK's liability shall be limited as specified in Section 12.
7.2.2 Termination and/or Suspension by iTOK. If, in the sole discretion of iTOK: (a) I am in breach of any of the terms of this Contract (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) my use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, iTOK's network, or the use and enjoyment of other users; (c) iTOK receives an order from a court to terminate my Service; (d) if iTOK for any reason ceases to offer the Service; (e) if I am no longer an iTOK client, or (f.) iTOK determines that I am abusing the Service, iTOK at its sole election may terminate or suspend your Service immediately without notice.
7.2.3 Terminated Account. iTOK, in its sole discretion, may refuse to accept my request for service, renewal or re-subscription following a termination or suspension of my use of the Service. If I cancel this Contract for no material reason and/or in less than the agreed notice timeframe as described in paragraph 7.1, I agree that a $150.00 cancellation fee will apply.
8. SOFTWARE LICENSES AND THIRD PARTY SERVICES
8.1 With respect to all software, CDs, programs or other intellectual property which iTOK makes available or furnishes to me pursuant to this Contract, iTOK grants me one (1) personal, non-exclusive, non-transferable, non-sublicensable license to access and use the same, only during the term of this Contract, solely for my own personal or internal business purposes with respect to the computer(s) receiving services subject to this Contract. As an end-user, I may not copy, modify, publish, transmit, rent, license, re-sell, transfer, trade or allow others to use or benefit from such software, CDs, programs or other intellectual property. All rights not expressly granted to me are expressly reserved by iTOK.
8.2 I will not make any copies of iTOK Software. I agree that the iTOK Software is the confidential information of iTOK or its third party licensors, providers or suppliers, which I will not disclose to others or use except as expressly permitted herein. The iTOK Software contains copyrighted material, trade secrets, patents, and proprietary information owned by iTOK or its third party licensors, providers, or suppliers. I will not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the ITOK Software, or otherwise reduce the iTOK Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the iTOK Software to any third party. I will not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. I am not granted any title or rights of ownership in the iTOK Software. I acknowledge that this license is not a sale of intellectual property and that iTOK or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the iTOK Software and related documentation, as well as any corrections, updates and upgrades.
8.3 Third Party Software: As part of the Services, iTOK may suggest the installation and use certain third party software ("Third Party Software"). Third Party Software is licensed to me by the respective owners or licensees of the Third Party Software. I agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether iTOK assists me in the acquisition, installation, and/or use of Third Party Software. iTOK has no rights to the Third Party Software and does not license Third Party Software to me or make any representation or warranty regarding the Third Party Software.
8.4 iTOK will provide technical assistance and support for the Software and the ITOK Software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, I will comply with the terms and conditions under which I licensed such Third Party Software or purchased such equipment. iTOK makes no warranty that it is an authorized service provider for Third Party Software or for any equipment; it is my sole responsibility to determine if I require additional rights for iTOK to provide such support, and if so, to acquire such rights. I acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
9. INDEPENDENT CONTRACTOR
I acknowledge that iTOK is an independent Contractor and neither iTOK, or iTOK Techs, agents, employees or affiliates is or shall be deemed employed by me. iTOK reserves the right to determine the method, manner and means by which such services will be performed. iTOK and its Techs, agents, and employees are not required to perform services for me during any particular hour of the day or night, and the time spent on my computer is at iTOK's discretion, subject to my access times and security requirements. I further acknowledge that iTOK is not required to devote its full time nor the full time of any of its Techs, agents, employees or affiliates to the performance of services required under this Contract, and I recognize that iTOK has other clients and that it offers services to the general public. The order and sequence in which the work is to be performed shall be under the control of iTOK and its Techs, agents, employees and affiliates, and not under my control. I will not provide any insurance coverage of any kind for iTOK or its staff.
10. NONHIRING COVENANT
I acknowledge that iTOK has a legitimate interest in preserving its client base and hereby agree that, for the duration of this Contract and any renewal periods, and for a period of one year following the termination of this Contract, I will not, except without iTOK's written approval: (a) solicit services from or offer employment to any of iTOK Techs, agents or employees; or (b) accept employment relating to computer services, programming, troubleshooting, or systems design from iTOK Techs, agents or employees, including without limitation the Techs, agents, and employees, with whom I have had contact within the twelve-month period immediately prior to the termination of this Contract.
11. LIMITATIONS ON USE OF THE SERVICE
11.1 I agree that my use of the Service and the Internet, without limitation, is my sole responsibility, and is solely at my risk, and I will comply with all applicable local, state, national and international laws and regulations.
11.2 I agree that the Internet is not owned, operated or managed by, or in any way affiliated with iTOK and iTOK is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. I further agree that iTOK does not own or control all of the various facilities and communications lines through which service may be provided, nor does iTOK guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by iTOK.
11.3 I agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information I transmit or receive over the Internet. iTOK is not responsible for invalid destinations, transmission errors, or corruption or security of my data.
12. RELEASE OF LIABILITY
iTOK hereby warrants that the materials, analysis, data, programs, and services to be delivered or rendered under this Contract will be of the kind and quality designated and will be performed by qualified personnel. I HEREBY AGREE THAT iTOK MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, CONCERNING THE PRODUCTS OR SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE, EXCEPT TO THE EXTENT THAT A MANUFACTURER'S WARRANTY MAY APPLY. I further agree to release and hold iTOK, its Techs, agents, employees, and affiliates harmless from any and all liability associated with the performance of service or the provision of products beyond the limited warranty provided in this section. Further:
A. I grant to iTOK, and its Techs, agents, employees and affiliates necessary and reasonable access to my computer system(s) at premises. I recognizes that in order to provide the products and services requested, iTOK and its Techs, agents, employees and affiliates may find it necessary or advisable to open, view, modify, edit, delete, or otherwise manipulate my computer software, applications, data, and data storage media including, without limitation, the computer operating system, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on my computer system or network. Further, I grant to iTOK, and its Techs, agents, employees and affiliates permission as needed to download and/or install software on my computer system(s) or network, including without limitation, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware I request to be installed.
B. I acknowledge that due to the nature of the services being performed, I am exposed to some potential risk of damage or loss including, without limitation, damage to my computer hardware, cabling, hubs, routers, switches, peripherals, accessories, furniture, home, and office, as well as potential risk of damage, corruption, loss of business or time, loss of computer software, applications, data, and data storage media. I understand that it is highly recommended that I take proper and adequate measures to preserve, protect and safeguard critical data by backing up such data in appropriate ways prior to any services being performed by iTOK. Unless specifically requested and provided to me as a paid service by iTOK, I am exclusively responsible for providing all backup, archiving, and protective storage as well as restoration, if required, of my data.
C. iTOK Backup Services. iTOK provides 500MB of compressed online data backup as part of my base subscription fee. More backup space is available for an additional fee. I acknowledge that the security key given to me during the backup setup process is my unique identifier that unlocks the encryption code for my data. For security purposes, iTOK DOES NOT retain a copy of my security key. Therefore, I agree to keep this security key stored in a place separate from my computer to keep it safe and retrievable when I need to access my backup data. I also understand that iTOK will monitor my data storage usage to ensure that my data is kept safe. As my storage requirements increase and exceeds the 500MB base, I will be upgraded and autobilled for the next level of storage space required.
D. I agree to release and hold iTOK harmless from all liability for damage or loss as well as any incidental or consequential damage or financial damage or loss that may result from the actions of iTOK, its Techs, agents, employees and affiliates.
13. LIMITATION OF LIABILITY
I hereby acknowledge and agree that:
A. under this Contract, I am dealing with a limited liability company ("iTOK") formed under the laws of the State of Utah; and
B. no manager, member, employee or agent of iTOK is, or will be, liable for iTOK's obligations under this Contract or for any other debts or obligations of iTOK; and
C. in any dispute with iTOK, whether arising under this Contract or otherwise, it will proceed only against iTOK and not against any manager, member, employee or agent of iTOK in their individual capacities.
14. DAMAGES DISCLAIMER
I AGREE THAT iTOK SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, EITHER IN CONTRACT OR TORT, INCLUDING LOSS OF PROFITS, I MAY SUFFER AS A RESULT OF iTOK'S CONTRACT PERFORMANCE. This shall be true whether or not the possibility of such damages has been disclosed to iTOK in advance or could have been reasonably foreseen by iTOK. In the event this limitation of damages is held unenforceable, then the parties agree that by reason of the difficulty in foreseeing all possible damages which the I may incur, iTOK's liability to me shall be limited to the sum of five hundred dollars ($500.00) as liquidated damages and not as a penalty or the cost of repairing or replacing my computer system, whichever is less.
15. DISPUTE RESOLUTION
Prior to commencing litigation as to any claim, alleged breach, or dispute (a "dispute") arising under this Contract, each party agrees that if the parties themselves are unable to resolve the dispute within fifteen (15) days, the parties each agree to then try in good faith to resolve such dispute by mediation. The party alleging a dispute shall promptly advise the other party of such dispute in a writing which describes in reasonable detail the nature thereof and the request for mediation. The parties shall then jointly select a mediator to conduct the mediation. All mediation sessions shall be held in Salt Lake City, Utah or within the surrounding area or such other place as the parties may agree. Not later than five (5) business days after the recipient has received notice of a request for mediation, each party shall select for itself a representative who shall have authority to bind such party and shall advise the other party of the name of such representative. In such mediation, the mediator shall review the matter with each party to assist each party to understand the strengths and weaknesses of each position and to attempt to reach a compromise for settlement of the matter. If (1) the parties are unable to agree upon the mediator to use within fifteen (15) days after notice of a request for mediation is given, or (2) mediation is not undertaken in a meaningful way within thirty (30) days after such notice is given, or (3) any unresolved dispute remains after mediation, then either party may commence a civil action regarding such dispute. The parties agree that any civil action thereby commenced shall be brought in a Utah state court of competent jurisdiction or the United States District Court for the District of Utah, if federal court jurisdiction exists, and that the decision of such court(s) shall be final. The parties hereby submit to the jurisdiction of such court(s) and waive any objection that they may now or hereafter have to the venue of any such action or proceeding in any such court(s) or that such action or proceeding was brought in an inconvenient forum and agree not to plead or claim the same. In any mediation, the fees and costs of the mediator shall be borne equally by the parties to the mediation and shall be payable in advance or upon invoice from the mediator, as applicable, and each party shall bear the fees and costs of the party's own legal counsel and witnesses.
16. COMPLETE CONTRACT
This Contract contains the entire Contract between the parties. No other Contracts, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of iTOK or any of its Techs, agents, employees and affiliates, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter of this Contract. I acknowledge that I am entering into this Contract solely on the basis of the representations contained herein. Further, should any provisions of this Contract be held void, voidable, or unenforceable for any reason, all remaining provisions of this Contract shall remain in full force and effect. To the extent the scope of any provision is too broad in any respect to permit enforcement, the parties hereto agree that such scope may be judicially modified accordingly.
17. APPLICABLE LAW AND TAXES
iTOK will comply with all applicable laws in performing services under this Contract but shall be held harmless for violation of any government procurement regulation to which it may be subject but to which no reference is made in this Contract. This Contract shall be governed by and construed in accordance with the laws of the State of Utah, disregarding any rules relating to the choice or conflict of laws. Any and all taxes, except income taxes, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by me.
18. ASSIGNMENT
Upon advance written notice, iTOK may assign this Contract in its entirety to any affiliate, including a parent, subsidiary, or successor in interest to its business. This Contract may not otherwise be assigned by either party except with the advance written consent of the other party. Subject to limitations on assignment, this Contract shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto.
19. FORCE MAJEURE
iTOK shall be excused for the period of any delay in the performance of any obligation under this Contract when prevented from doing so by a cause reasonably beyond iTOK's control, such as labor disputes, traffic congestion, delivery failures, product shortages, civil commotion, war, governmental regulations or controls, government action, fire or other casualty, weather, or acts of God.
20. WAIVER
No waiver by iTOK of any breach of this agreement shall be a waiver of any preceding or succeeding breach. No waiver by iTOK of any right under this agreement shall be construed as a waiver of any other right. iTOK shall not be required to give notice to enforce strict adherence to all terms of this agreement.
21. NOTICES
Except as explicitly stated otherwise, any notices to iTOK shall be given by email to: service@itokhome.com. Any notices to me shall be sent to the email address I provided to iTOK during the registration process. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, iTOK may give me notice by certified mail, postage prepaid and return receipt requested, to the address provided to iTOK during the registration process. In such case, notice shall be deemed given five days after the date of mailing. I also have the option of sending legal notices to iTOK by certified mail, postage prepaid and return receipt requested, to the following address: iTOK, 333 South 520 West, Suite 200, Lindon, UT 84042. Alternatively, either party may give notice by overnight courier mail through a nationally recognized courier service, which notice will be effective when actually received.
BY USING THIS WEBSITE, I CERTIFY THAT I HAVE READ, UNDERSTAND, AND AGREE TO, THE TERMS OF THIS CONTRACT, WHICH ALSO INLCLUDES THE TERMS AND CONDITIONS IN THE SECTIONS ABOVE THIS APPROVAL PAGE (INCLUDING WITHOUT LIMITATION THE PROVISIONS FOR RELEASE OF LIABILITY, DAMAGES DISCLAIMER, AND DISPUTE RESOLUTION) THE SAME AS IF SIGNED WITH MY SIGNATURE.