AGREEMENT BETWEEN THE USER AND Comvay

The Comvay Website is comprised of several Web Pages operated by IMAGE-IN.

The Comvay Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Comvay Website constitutes your agreement to all these terms, conditions and notices.

MODIFICATION OF THESE GENERAL TERMS AND CONDITIONS

Comvay reserves the right to change the terms, conditions and notices under which the Comvay Website is offered, including but not limited to the charges associated with the use of the Comvay Website.

LINKS TO THIRD PARTY WEBSITES

The Comvay Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Comvay and Comvay is not responsible for the contents of any Linked Site, including but not limited to any links contained in a Linked Site, or any changes or updates to a Linked Site. Comvay is not responsible for webcasting or any other form of transmission received from any Linked Site. Comvay provides these links only as a convenience to you, and the inclusion of any link does not imply endorsement by Comvay of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Comvay Website, you warrant to Comvay that you will not use the Comvay Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Comvay Website in any manner which could damage, disable, overburden, or impair the Comvay Website or interfere with any other party’s use and enjoyment of the Comvay Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Comvay Websites.

USE OF COMMUNICATION SERVICES

The Comvay Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. Comvay has no obligation to monitor the Communication Services. However, Comvay reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Comvay reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Comvay reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Comvay ‘s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Comvay does not control or endorse the content, messages or information found in any Communication Service and, therefore, Comvay specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Comvay spokespersons, and their views do not necessarily reflect those of Comvay.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Comvay OR POSTED AT ANY Comvay WEBSITE

Comvay does not claim ownership of the materials you provide to Comvay (including feedback and suggestions) or post, upload, input or submit to any Comvay website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Comvay, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Comvay is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Comvay’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Comvay WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Comvay AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Comvay WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Comvay WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Comvay AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Comvay WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Comvay AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Comvay AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Comvay WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Comvay WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Comvay WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Comvay WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Comvay OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Comvay WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Comvay WEBSITE.

SERVICE CONTACT: info@getcomvay.com

TERMINATION/ACCESS RESTRICTION

Comvay reserves the right, in its sole discretion, to terminate your access to the Comvay Website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, this agreement is governed by the laws of the State of Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia, U.S.A. in all disputes arising out of or relating to the use of the Comvay Website. Use of the Comvay Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Comvay as a result of this agreement or use of the Comvay website. Comvay’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Comvay’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Comvay website or information provided to or gathered by Comvay with respect to such use. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the General Terms and Conditions shall continue in effect. Unless otherwise specified herein, these General Terms and Conditions constitute the entire agreement between the user and Comvay with respect to the Comvay website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Comvay with respect to the Comvay website. A printed version of these General Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Comvay Website are: Copyright Comvay and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Comvay is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Comvay Website and governs data collection and usage. By using the Comvay website, you consent to the data practices described in this statement.

Collection of your Personal Information

Comvay collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Comvay also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by Comvay. This information can include: your IP address, browser type, domain names, access times and referring Website addresses. This information is used by Comvay for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Comvay Website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Comvay public message boards, this information may be collected and used by others. Note: Comvay does not read any of your private online communications.

Comvay encourages you to review the privacy statements of Websites you choose to link to from Comvay so that you can understand how those Websites collect, use and share your information. Comvay is not responsible for the privacy statements or other content on Websites outside of the Comvay and Comvay family of Websites.

Use of your Personal Information

Comvay collects and uses your personal information to operate the Comvay Website and deliver the services you have requested. Comvay also uses your personally identifiable information to inform you of other products or services available from Comvay and its affiliates. Comvay may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Comvay does not sell, rent or lease its customer lists to third parties. Comvay may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Comvay may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Comvay, and they are required to maintain the confidentiality of your information.

Comvay does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Comvay keeps track of the Websites and pages our customers visit within Comvay, in order to determine what Comvay services are the most popular. This data is used to deliver customized content and advertising within Comvay to customers whose behavior indicates that they are interested in a particular subject area.

Comvay Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Comvay or the site; (b) protect and defend the rights or property of Comvay; and, (c) act under exigent circumstances to protect the personal safety of users of Comvay, or the public.

Use of Cookies

The Comvay Website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Comvay pages, or register with Comvay site or services, a cookie helps Comvay to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Comvay Web site, the information you previously provided can be retrieved, so you can easily use the Comvay features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Comvay services or Websites you visit.

Security of your Personal Information

Comvay secures your personal information from unauthorized access, use or disclosure. Comvay secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

Comvay will occasionally update this Statement of Privacy to reflect company and customer feedback. Comvay encourages you to periodically review this Statement to be informed of how Comvay is protecting your information.