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USER AGREEMENT PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. DonorsChoose.org, Inc. ("DC") requires that all visitors ("you") to its site, DonorsChoose.org, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgement and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means DC unless otherwise indicated. Who is DonorsChoose.org? DC is a 501(c)(3) not-for-profit corporation. We at DC aim to improve public education by engaging citizens in an online marketplace where Teachers describe and individuals can fund specific student projects. The Sites provide you with access to an online collection of information, materials and services related to DC and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition. Eligibility. Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions. Binding Agreement. By using any Site, you agree to be bound by this UA, whether you are a visitor, Teacher or Donor. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Donors and Teachers, which are described below. DC's Privacy Policy is a Part of this Agreement. We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference DC's Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy. Our Proprietary Materials. We welcome you to our Sites and we invite you to use it within the following rules: 1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA. 2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of DC. 3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of DC. 4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form. The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2007 DonorsChoose.org, Inc. or are licensed or otherwise used by DC with permission. Except where noted otherwise, all rights to these materials are reserved by DC or their respective owners. "DonorsChoose.org", the DonorsChoose.org logo, "Every Teacher a Grant-Writer, Every Citizen a Philanthropist", and "Teachers Ask. You Choose. Students Learn." are trademarks and service marks of DonorsChoose.org, Inc., which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used. All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although DC cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Disclaimers. We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. DC retains the right to restrict use of the Sites, in any manner it deems appropriate. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DC MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. Limitation of Liability. IN NO EVENT SHALL DC, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "DC AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE DC AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES. YOU UNDERSTAND AND AGREE THAT DC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT DC AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY DC OR AN AUTHORIZED DC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. DC neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties. Third Party Websites. The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by DC, thus DC is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by DC of the Linked Sites. Third Party Websites Seeking to Hyperlink to the Sites. We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and DC. If this is not the case, please do not link to any Site. DC reserves the right to rescind the right to link to its Sites at its sole discretion. Use of any DC trademark, service mark or other intellectual property or content provided by DC for a hyperlink to a Site is permitted and licensed by DC solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by DC, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by DC. Making Donations through DC. DC is a non-profit marketplace that brings Donors together with Teachers in order to provide students with the activities and materials they need to learn. Here, 100% of each donation made through DC goes directly to fund the charitable program for which it was given, unless the Donor indicates that a specific portion of the donation may be used for administrative purposes. Included in the "material cost" (the price of the project exclusive of a fulfillment donation to DC operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of a disposable camera and photo processing. All Donors are subject to the specific Donor terms described below. All donations are tax deductible to the fullest extent allowed by law. You may view a copy of our annual financial statements and federal tax return online by clicking on the links or you can obtain them by writing to: DonorsChoose.org State Fundraising Notices Although our financial report is always sent free to anyone requesting a copy, certain States require us to advise you that a copy of our financial report is available from them. Registration with the Secretary of State or Attorney General of any state does not imply endorsement by such body. Colorado: Colorado residents may obtain copies of registration and financial documents from the office of the secretary of state by calling (303) 894-2200 or on the web at http://www.sos.state.co.us. REGISTRATION BY THE SECRETARY OF STATE IS NOT AN ENDORSEMENT OF EITHER THE PAID SOLICITOR OR THE ORGANIZATION OR CAUSE THE SOLICITOR REPRESENTS. Florida: (To be filed) A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE 1-800-435-7352. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. DonorsChoose.org is a 501(c)(3) corporation incorporated in the state of New York. Maryland: A copy of the current financial statement of DonorsChoose.org is available by writing to our National Office at 347 West 36th Street, Suite 503, New York, NY 10018 or by calling (212) 239-3615. Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis MD 21401, (410) 974-5534. Mississippi: (To be filed) The official registration and financial information of DonorsChoose.org may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement by the Secretary of State. New Jersey: (To be filed) INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT. New York: A copy of the latest annual report of DonorsChoose.org may be obtained, upon request, by writing our National Office at 347 West 36th Street Suite 503 New York, NY 10018, or from the New York State Attorney General's Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271. North Carolina: FINANCIAL INFORMATION ABOUT THIS ORGANIZATION AND A COPY OF ITS LICENSE ARE AVAILABLE FROM THE STATE SOLICITATION LICENSING BRANCH AT (919) 807-2214. THE LICENSE IS NOT AN ENDORSEMENT BY THE STATE. Pennsylvania: (To be filed) The official registration and financial information of DonorsChoose.org may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 732-0999. Registration does not imply endorsement. Virginia: (To be filed) A financial statement is available, upon request, from the State Office of Consumer Affairs in the Department of Agriculture and Consumer Services. Washington: (To be filed) Additional financial disclosure information may be obtained from the Secretary of State by calling (360) 753-0863, or toll-free within Washington, (800) 332-GIVE. West Virginia: (To be filed) West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement. Special Provisions Relating to Donors Thank you for your interest in funding a student project at DonorsChoose.org. By clicking the "I Agree" button during the sign-up process for donations, the following additional terms of the UA apply to those users who sign up for a donor account and/or donate to a project on the Sites ("Donor"). Donor Representations By applying to become a Donor, you promise that: 1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision; 2. All information you provide to DC is accurate, and you will update the information to keep it accurate; and 3. Any donation you make is legal in your jurisdiction. If you create a Donor gift registry account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone's birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites. Donor Responsibilities You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor or Teacher at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify DC of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of DC. In addition to the rights of DC described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that DC may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause DC and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that DC may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action. Services Provided by DC We review, verify and calculate the cost of each Teacher proposal before we post it on the Sites for Donors to view. Our efforts include, but are not limited to, screening the proposed student project for compliance with the DonorsChoose.org eligibility requirements, restricting Teachers to addresses that have been provided by the school system as correct school locations, confirming the existence of requested materials, and determining a cost for the proposal. Whenever practical, we purchase the necessary materials ourselves and arrange for them to be delivered to the Teacher's school. For donations of $100 or more, or for lesser donation amounts which fully fund a project or complete the funding of a project, we arrange to the best of our ability for a Teacher letter, photographs of students engaged in the activity and student thank-you notes to be sent to the Donor(s) after completion of the funded activity. Sometimes the specific components included in a Teacher proposal change after we receive your donation. In the unusual case that this happens, DC will review the Teacher's modified proposal. If our review determines the modified proposal is reasonably similar to the Teacher's original proposal, we will use the funds that you donated to pay for the modified proposal. If we determine that the modified proposal is not reasonably similar to the original proposal, we will return your donation in the form of a DC GivingCard. You may use this GivingCard to fund an alternate Teacher proposal. We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy. DC reserves the right to exclude any Donor from use of the Sites, in DC's sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you. Disclaimers When a partially funded project does not reach complete funding within five months of the date it was posted on DonorsChoose.org, donations are returned to donors in the form of account credits. A donor can use account credits to choose a new project to fund, within 30 days of receiving the credits. After 30 days, DonorsChoose.org will apply the account credits to a new project on behalf of the donor (similar in subject area and region to the project originally selected). When a proposal expires, all donations associated with the proposal will be moved according to each donor's designation. If, for any other reason, the proposal cannot move forward (i.e., the Teacher no longer works at the specified school or no longer requires the requested materials, or the Teacher is no longer in good standing with DC, etc.), all donations made to the proposal will be returned to the Donor as a DC GivingCard to spend on another project of their choosing. Infrequently, a Teacher will move from one school to a different school while they have active projects available for funding on our site. Until the teacher alerts us to their move, the school information associated with any projects posted on the website may not accurately reflect the new school at which they are teaching. In addition, we may deliver the resources requested by that Teacher to their classroom at their new school, even if some or all of the project's donations were received before the Teacher's school information was updated on our website. In rare instances, a Teacher fails to submit feedback for the project they have had funded at DC. In this instance, all Donors will be notified by DC and the Teacher will be excluded from future use of the Site. DC cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Teachers or students participating in any proposed or funded projects. Special Provisions for Teachers Thank you for your interest in submitting a proposal for a DonorsChoose.org project. By clicking the "I Agree" button during the process to sign up for funding proposals, the following additional terms of the UA apply to those users who sign up for a teacher account and/or to post a teacher funding proposal on the Sites ("Teachers"): Teacher Representations By submitting a proposal, you promise that: 1. You are a licensed teacher, librarian, guidance counselor, coach or other public school employee directly serving students (review our teacher eligibility guidelines) and currently employed at the school you note; 2. The activity you propose is legal and falls within the standards of your board of education; all information you provide to DC is accurate, and you will promptly update the information to keep it accurate; 3. Any proposals you submit are solely for you and your class and are not on behalf of any other teacher or class; and 4. You have full rights to any ideas, descriptions and materials you submit to DC, and that you (and not DC) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by DC will not infringe on any rights of any third party. Teacher Responsibilities You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Teacher-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify DC of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. In addition to the rights of DC described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that DC may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide student thank-you notes that do not contain any of the personal information that will identify the student. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause DC and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that DC may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action. From time to time, DC or a third party on DC's behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails. Rights You Grant to DC While you retain ownership in the works you create such as the proposal submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to DC through the Sites and all materials (except for the photographs) which you send to DC after the completion of the project, you hereby grant to DC a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and project materials, and portions thereof, in furtherance of DC's purposes and activities and to promote DC and its programs, in any medium, and DC may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for DC's purposes, whether or not your proposal is funded. DC reserves the right to exclude any Teachers from use of the Sites, in DC's sole discretion. Your Responsibilities Should Your Proposal Be Funded If your proposal is approved by DC (in DC's sole discretion), posted on a Site and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by DC. You agree that requested resources will be used by students or to provide a student experience as described in your proposal. You agree to provide each child who will engage in the activity with a DC Permission Slip as provided by DC, and to exert reasonable efforts to ensure that each child returns the Permission Slip signed by their parent or legal guardian. Regardless of how many activities DC funds for your class each school year, only one permission slip per student, per school year, per Teacher need be collected. You will make a reasonable effort to take photos of students who have returned a signed DC Permission Slip and shall provide each signed Permission Slip to DC upon request. You agree that only students who have provided signed Permission Slips will be included in the photographs of the activity that you submit to DC. You will use DC's funds and materials only for the project DC has approved, and agree to follow all other instructions as provided or directed by DC regarding the funded activity. You understand that the promptness and thoroughness with which you return the photographs and thank-you notes may effect how many proposals you are allowed to submit in the future. Please see How Points are Earned and Benefits Gained. Disclaimers DC will not be required to treat any Submission or Project Materials as confidential. Termination You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Teacher account, as applicable, and stopping all use of the Sites. DC may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites. Miscellaneous This UA is governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in New York, New York. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. Resolution of Disputes THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and DC. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or DC may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or DC pending the completion of arbitration. Indemnification You agree to indemnify and hold DC and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to DC. Contact DC If you have any questions about the Sites or this UA, you may contact us via e-mail at info@donorschoose.org. We are always glad to hear your questions and comments. Entire Agreement This UA, including the terms specifically applicable to Donors and Teachers, and other policies and notices DC may post on the Sites necessary for access to Donor and Teacher portions of the Sites, constitute the entire agreement between DC and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between DC and you regarding such matters, including prior versions of this UA. DC may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by DC, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive. This User Agreement was last updated on 08/06/2007. |
