FAXAGE Terms of Service

1) ACCEPTANCE OF TERMS OF SERVICE

This agreement is between EC Data Systems, Inc. ("EC Data Systems") and you ("you" or "Member"), as an authorized user of the FAXAGE Services (as defined in Section 2, below), and governs the terms and conditions of your use of the FAXAGE Services. Each FAXAGE Service is provided to you under these Terms of Service for EC Data Systems, Inc., including any operating rules, and/or policies that may be published by EC Data Systems from time to time (collectively, the "Agreement"). This Agreement and such policies constitute the entire agreement between Member and EC Data Systems and supersede all prior agreements between the parties regarding the subject matter contained herein. BY USING ANY OF THE FAXAGE SERVICES, MEMBER CONFIRMS THEIR ACCEPTANCE OF, AND AGREES TO BE BOUND BY, THIS AGREEMENT.

EC Data Systems reserves the right to change the Agreement at any time and to notify Member by posting an updated version of the Agreement on the FAXAGE website in the following location: https://www.faxage.com/tos.php. No other Agreement version will be effective or enforceable against EC Data Systems. Member agrees to review changes to the Agreement from time to time and if any change is not acceptable to Member, Member agrees to immediately terminate use of the FAXAGE Services. Member's use of the FAXAGE Services after the effective date of any such change constitutes Member's acceptance of all such changes.

The FAXAGE Services provided pursuant to this Agreement are being offered only to natural persons age eighteen (18) or older, and to individuals, entities, or other legal persons who have authorization to sign legally binding contracts. By accepting the terms of this Agreement, Member is representing and warranting to EC Data Systems that Member is age eighteen (18) or older and/or the authorized signatory. If any information provided to EC Data Systems by Member is inaccurate, then EC Data Systems may, in its sole discretion, elect to terminate Member's membership and right to use the FAXAGE Services.

2) FAXAGE SERVICES

FAXAGE Services are non-telecommunications services owned and operated by EC Data Systems, and any of such Services may be referenced herein as the "Services" or the "FAXAGE Services."

Individually, the FAXAGE Services are:

* FAX lines provide Members with dedicated fax numbers to complement their existing telephone and/or fax lines received from third-party telecommunications providers without having to purchase additional telecommunications services. Members who sign up for a FAX line can receive faxes on their assigned fax number through the FAXAGE website and/or email. Members who sign up for a FAX line can additionally send faxes to destinations in the 50 United States and Canada utilizing the FAXAGE website and/or email and utilize other features of the FAXAGE website including storing contact lists and copies of faxes sent and received.

* Virtual Numbers provide Members with additional dedicated fax numbers that are tied to the Members' FAX lines. These differ from FAX lines only in that they do not provide additional capacity for sending and receiving faxes as FAX lines do, but rather provide additional fax numbers on Members' existing FAX lines. Virtual Numbers may be purchased only as an additional service and all Members must have at least one FAX line to use the FAXAGE Services.

3) REQUIREMENTS FOR FAXAGE SERVICES

In order to use FAXAGE Services, Member must (i) provide all equipment necessary to establish a connection to the Internet and all telecommunications devices which the Member intends to use in conjunction with the FAXAGE Services, (ii) obtain access to the Internet with a third-party provider and pay all fees associated with such access, (iii) download, install, and maintain software compatible with such FAXAGE Services; e.g.: web browser and email client programs.

In consideration of these FAXAGE Services, Member agrees to: (i) use the FAXAGE Services only in accordance with applicable law; (ii) comply with United States law regarding the transmission of technical data exported from the United States through the FAXAGE Services; (iii) not use the FAXAGE Services for illegal purposes; (iv) not interfere with or disrupt networks connected to the FAXAGE Services; (v) comply with all regulations, policies and procedures of networks connected to the FAXAGE Services.

4) USE OF SERVICES

When using the FAXAGE Services, Member shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Service. Such guidelines, rules, or licenses may contain terms and conditions in addition to those described in these Terms of Service.

In addition to the FAXAGE Services, EC Data Systems may also make available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. EC Data Systems offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the FAXAGE Services. You agree that you will not hold EC Data Systems responsible or liable with respect to the Third-Party Services or seek to do so.

5) INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The FAXAGE Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the FAXAGE Services may violate such laws and these Terms of Service. Except as expressly provided herein, EC Data Systems does not grant any express or implied rights to use the Services. Member agrees not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services, except as expressly authorized by EC Data Systems.

As a condition of service, Member agrees and acknowledges that Member will not directly or instruct a third party to use, register or bid on the following trademarks, whether individually or together with other trademarked or non-trademarked terms, as a key word on any Internet or other search engine: efax, e-fax, myfax, evoice, e-voice, fax.com, rapidfax, send2fax, trustfax, campaigner, j2, j2 Global, jconnect, keepitsafe, onebox and fusemail.

6) PAYMENT FOR SERVICES

Members who subscribe to the FAXAGE Services are obligated to pay, as a condition of subscribing to the FAXAGE Services, all charges and fees imposed by EC Data Systems time to time (collectively, the "Charges"). As a condition of accepting or continuing any subscription for the FAXAGE Services, EC Data Systems reserves the right to perform such credit verification as EC Data Systems determines to be appropriate, and Member agrees to grant all authorizations and provide all information necessary or convenient to perform EC Data Systems' credit verification. EC Data Systems may change the amount of the Charges from time to time upon advance written notice to Member at the email address provided upon registration for the FAXAGE Services. Any such new or modified Charges will take effect 30 days after the date of such written notice, which shall be deemed the date of delivery for the notice, or such later date as is specified therein. A Member may avoid such new or modified Charges by canceling the subscription to the FAXAGE Services prior to the date on which the new or modified Charges are to take effect.

All Members who subscribe to the FAXAGE Services will be responsible for paying all such Charges for Services rendered during the prior month on the first day of the current month. Member will be automatically charged on a monthly basis. Any then-paid Charges shall not be refundable. If Member has terminated the FAXAGE Services in accordance with the provisions of Section 18: Termination, below, prior to the date on which Member would next be billed, EC Data Systems shall not renew Member's FAXAGE Services subscription, and shall not charge Member any Charges for such Services, with respect to the period following that date.

Members who sign up for an account in which the estimated monthly usage is greater than or equal to $500.00 shall be charged the first month's estimated usage at the time of signup. Should the Member cancel prior to the first month's usage being incurred, this amount, less any actual usage at 3 cents per minute, shall be refunded to Member.

Upon subscribing to the FAXAGE Services, Member shall elect to pay the Charges with a credit card from such credit card issuer as is acceptable to EC Data Systems. If, for any reason, EC Data Systems is unable to bill or collect any amounts according to Member's requested payment method, Member shall remain responsible for all such amounts. If Member fails to pay applicable Charges when due, then EC Data Systems may, in its sole and absolute discretion, cancel the FAXAGE Services, and may pursue such remedies as are available under applicable law for collection of delinquent Charges. In the event that EC Data Systems must pursue collection of delinquent Charges, the total amount owing shall be the sum of the delinquent Charges and the greater of 10% of the delinquent Charges or $20.00 in order to offset the cost of collections activities.

6.1) CALCULATION OF USAGE

For pricing plans that include a certain number of minutes allowed ('Allowance Minutes') and an Overage Charge for additional minutes ('Overage Minutes'), usage is calculated as follows:

• Each call duration is counted in six second increments
• Each call duration has a minimum of one minute and is rounded up to one minute if it is more than 12 seconds and less than one minute in duration
• If a call is less than 12 seconds in duration, the call is rounded down to 0 seconds, resulting in a no-charge call
• Until the Allowance Minutes are reached, the results of determining the call duration, as specified above, are summed
• Once the Allowance Minutes are reached, all additional calls are charged as Overage Minutes
• For calls that are Overage Minutes, the call duration is multiplied by the Overage Charge. This result is then rounded to the nearest tenth of a penny to determine the Call Charge
• The sum of the Call Charges is the amount that will be assessed

For pricing plans that include 'Unlimited' minutes, the call duration is still calculated as above. If, in any monthly period, Member exceeds 5000 minutes of aggregate call duration per line purchased, EC Data Systems reserves the right to cancel Member's account or to require Member to purchase additional lines or to require Member to convert to a pricing plan that includes Allowance Minutes and Overage Charges. These cases will be dealt with on a case-by-case basis. Member has the right to cancel Services in order to avoid any required changes in billing and the associated Charges as specified in Section 6 above.

7) USE OF FAXAGE PHONE NUMBERS

7.1) FAXAGE SERVICE NUMBERS

Members who subscribe to certain FAXAGE Services will be permitted to use certain FAXAGE telephone numbers specifically identified for use by Member in connection with FAXAGE Services ("FAXAGE Service Numbers"). In such cases, EC Data Systems, not Member, is the end-user subscriber for such FAXAGE Service Numbers, and Member shall not obtain or assume any right or interest in any FAXAGE Service Number. Member may port any FAXAGE Service Numbers to other service providers, provided that Member's account is paid current (See '6) Payment for Services' above) and in good standing and EC Data Systems' authorization for the port is obtained in advance. EC Data Systems, as the end-user subscriber for all FAXAGE Service Numbers, has the right, in its sole discretion, to determine the manner in which FAXAGE Service Numbers may be used. EC Data Systems reserves the right to cancel, change or modify any FAXAGE Service Number at its sole discretion.

7.2) CUSTOMER PORTED TELEPHONE NUMBERS

Should Member elect to port a telephone number owned by Member to the FAXAGE Services, then Member shall remain the end-user subscriber for that telephone number and shall have the right to port that number out to another service provider, if Member should choose to do so.

7.3) GENERAL USE OF TELEPHONE NUMBERS

Member acknowledges and agrees that the FAXAGE Services are not telecommunications services. Because of key differences between telecommunications services and the FAXAGE Services, the FAXAGE Services are subject to different regulatory treatment than telecommunications services and, therefore, Member's rights before any federal and/or state regulatory agencies are or may be different than they are with respect to the telecommunications services Member obtains from other service providers.

Member acknowledges and agrees that the FAXAGE Services do not currently support outdial to certain telephone numbers, including but not limited to 911 or E911 services and destinations outside of the 50 United States and Canada. Member also agrees to communicate the non-availability of outward dialing capability to certain numbers, including but not limited to 911 or E911 services, to other members of Member's household and/or Member's guests who are present at the physical location where any FAXAGE Services are used.

8) MODIFICATIONS OF SERVICES

EC Data Systems reserves the right to terminate or modify individual features of Member's FAXAGE Services from time to time with or without notice to Member. In the event EC Data Systems opts to send written notice to Member detailing such termination or modification, an email will be sent to the email address most recently provided by Member to EC Data Systems. Any such termination or modification to Member's Services will take effect upon the date of such written notice or such later date as specified therein.

EC Data Systems may, in its sole discretion, determine the extent, if any, to which any such modifications may impact the Charges for the FAXAGE Services, but EC Data Systems shall not have any obligation to adjust the Charges by reason of any such modifications to the FAXAGE Services.

EC Data Systems shall not be liable to Member or any third party should EC Data Systems exercise its right to modify or terminate FAXAGE Services or any feature of such FAXAGE Services.

9) MEMBER CONDUCT

Member is solely responsible for the contents of his or her communications made using the FAXAGE Services. EC Data Systems bears no responsibility for communications received by Member from third persons while using the FAXAGE Services. Member's use of the FAXAGE Services is subject to all applicable local, state, national and international laws and regulations.

Member shall be fully liable for all use of Member's account, including any unauthorized use of such account by any third party. EC Data Systems bears no responsibility for communications received by Member from third persons while using the FAXAGE Services or any use of any person's telecommunications service, including but not limited to, Member's telecommunications services in connection with the use of FAXAGE Services.

The FAXAGE Services make use of the Internet and public switched telephone network (PSTN) to receive, process and/or send certain messages to Members and to others on the Internet and PSTN on behalf of Members; Member's conduct is therefore subject to laws, rules, regulations, policies and procedures governing the use of the Internet and PSTN. Members will not use the FAXAGE Services in conjunction with any person's telecommunications service who has not given specific permission to Member.

Member agrees not to make any communications or transmissions in conjunction with its use of the FAXAGE Services that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable material of any kind or nature. In conjunction with Member's use of FAXAGE Services, Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to FAXAGE computer systems or to utilize the FAXAGE Services to gain unauthorized access to third-party computer systems are prohibited.

Member shall not interfere with any other Members' use and enjoyment of FAXAGE Services. EC Data Systems may, in its sole discretion, terminate the FAXAGE Services without notice if Member fails to observe and comply with the terms and conditions of this Agreement. Failure on EC Data Systems' part to actively terminate Member's account following any violation by Member of this Agreement shall not constitute a waiver of EC Data Systems' right to terminate and shall not prevent EC Data Systems from terminating Member's account, consistent with this Agreement, at any point for past and/or current violations of Agreement.

Member is solely responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activity that occurs under Member's account. Member may change Member's password at any time by following the instructions posted on the FAXAGE website. Member agrees to immediately notify EC Data Systems of any unauthorized use of Member's account or any other breach of security known to Member.

10) PRIVACY POLICY

10.1) PRIVACY OF COMMUNICATIONS

Member acknowledges and agrees that EC Data Systems neither endorses the contents of any communications to or from any Members' account, nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.

10.2) CALL RECORD LOGGING

Call records of all transmissions made using Member's account are routinely logged by EC Data Systems. These logs may be used for billing purposes and in the limited cases of third-party complaints regarding Member's use of services, EC Data Systems' suspicion of activities by Member that may constitute violation of Agreement, and/or any legal or regulatory requirement for EC Data Systems to produce such information. In the event that EC Data Systems makes use of Member's transmission logs for any purpose, EC Data Systems will provide Member with as much notice and information as is practical regarding the nature of EC Data Systems' use of Member's transmission logs. Notwithstanding the forgoing, EC Data Systems shall not be liable for the content or destination of Member's transmissions nor shall EC Data Systems be under any obligation to routinely review transmission logs.

10.3) USE OF PERSONALLY IDENTIFIABLE INFORMATION

EC Data Systems collects certain personally identifiable information from Member in the course of providing FAXAGE Services. This information includes name, address, phone number, email address and billing information. It is EC Data Systems' intent to hold this information in confidence and to utilize it only for the purposes of providing the FAXAGE Services and any routine communication or notification that may be made to Member from time to time. EC Data Systems does not sell, rent or otherwise allow third parties to access this information for marketing purposes. EC Data Systems will make commercially reasonable efforts to ensure the security of all personally identifiable information from unauthorized disclosure. The forgoing notwithstanding, EC Data Systems makes no warranty, express or implied, that the FAXAGE system will be free from security breaches that could lead to disclosure of personally identifiable information.

11) MEMBER MESSAGES TO EC DATA SYSTEMS

Member hereby consents to the editing and publication by EC Data Systems of all or part of the text of any email or message sent by Member to EC Data Systems, together with the Member's initials and state/province and/or country of residence, regarding the satisfaction of Member with the FAXAGE Service. "Publication" includes but is not limited to, the reprinting and distributing such quotes electronically, in hard copy form, or posting such quotes on the FAXAGE website.

12) DISCLAIMER OF WARRANTIES

Member expressly agrees that use of the FAXAGE Services is at Member's sole risk. The FAXAGE Services are provided on an "as is" and "as available" basis. EC Data Systems expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

EC Data Systems makes no warranty that the FAXAGE Services will meet Member's requirements, or that the FAXAGE Services will be uninterrupted, timely, secure, or error free; nor does EC Data Systems make any warranty as to the results that may be obtained from the use of the FAXAGE Services or as to the accuracy or reliability of any information obtained through the FAXAGE Services, or that defects in the FAXAGE Services will be corrected. EC Data Systems assumes no responsibility for the deletion of or failure to store or deliver fax messages.

Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the FAXAGE Services is done at Member's own discretion and risk, and that Member will be solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data.

EC Data Systems makes no warranty regarding any goods or services purchased or obtained through the use of FAXAGE Services, or any transactions entered into while using the FAXAGE Services. No advice or information, whether oral or written, obtained by Member from EC Data Systems or through the FAXAGE Services shall create any warranty not expressly made herein.

EC Data Systems will make commercially reasonable efforts to resolve any technical problems Member may experience while using the FAXAGE Services. Member understands that telephone-based technical support may not be provided. If Member experiences a problem with the FAXAGE Services, Member may, at any time, send an email to support@faxage.com.

If Member has subscribed to a FAXAGE Service that includes caller identification functionality, or its equivalent, EC Data Systems will attempt to present the calling party's telephone number to Member when a fax comes in, provided that EC Data Systems has access to such information. However, EC Data Systems may not be able to provide the calling party's telephone number (and is not responsible for such failures) when the telecommunications carriers forwarding the calling party's call to EC Data Systems fail to provide the appropriate calling party number information to EC Data Systems.

13) LIMITATION OF LIABILITY

EC Data Systems shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use any FAXAGE Service or for the cost of procuring any substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the FAXAGE Services or resulting from unauthorized access to or alteration of Member's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if EC Data Systems has been advised of the possibility of such damages.

14) SERVICE OUTAGES

Member acknowledges that the FAXAGE Services are reliant upon independent telecommunications services that are beyond EC Data Systems' control. The loss or interruption of any one of those independent services may prevent the FAXAGE Services from operating at the physical location where, or by the devices with which, the FAXAGE Services are used by Member. In the event of any service interruption or outage, during which FAXAGE Services may be temporarily unavailable, Member will continue to be billed for the FAXAGE Services unless and until Member or EC Data Systems terminate the FAXAGE Services in accordance with this Agreement. EC Data Systems will use commercially reasonable efforts to manage all faxes and communications intended for Member during any loss or interruption of such independent services.

Such independent service interruptions may include, but are not limited to:
(1) Power outages;
(2) Internet Service Provider outages;
(3) Telecommunications service provider outages;
(4) Outages due to Member's account suspension; and
(5) Outages due to Member's failure to maintain the telecommunications and ancillary services used in conjunction with the FAXAGE Services.

15) FORCE MAJEURE

EC Data Systems shall not be responsible for any delay or failure in performance which results from causes beyond its reasonable control ("Force Majeure Events"), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.

16) THIRD PARTIES

Member acknowledges that EC Data Systems' ability to perform its obligations under this Agreement is dependent upon the availability of equipment and services from third parties (collectively, the "Vendors") with whom EC Data Systems has contracted for the provision of telecommunications and Internet services and equipment used by EC Data Systems when providing the FAXAGE Services, and agrees that EC Data Systems shall not be in breach of its obligations to Member hereunder, if EC Data Systems is prevented from performing such obligations by reason of the breach or other failure by any such Vendor to perform its obligations to EC Data Systems in accordance with the terms of such Vendor's agreement with EC Data Systems.

17) INDEMNIFICATION

Member shall indemnify, defend, and hold EC Data Systems, its parents, subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys' fees), which arise from or are related to any act or omission by Member in connection with the use of the FAXAGE Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to Member's violation of any terms and conditions of this Agreement, Member's violation of any applicable law, rule, or regulation, or any infringement by Member (or any other person using the FAXAGE Services in reliance on Member's rights under this Agreement) of any intellectual property or other rights of any other person. This Section 17 shall survive termination of this Agreement.

18) TERMINATION

Either Member or EC Data Systems may terminate the FAXAGE Services with or without cause at any time (the "Termination"). Termination by Member shall occur only when Member gives written notice via email, at:

support@faxage.com

Such notice shall state Member's intent to terminate the FAXAGE Services, and shall also state that Member agrees to cease use of all FAXAGE Services and the FAXAGE infrastructure technology (collectively "FAXAGE Network"). Without limiting other rights of termination set forth in this Agreement, EC Data Systems may terminate any FAXAGE Services or this entire Agreement by delivering to Member written or electronic notice of the termination of Member's FAXAGE Services or this entire Agreement, which termination shall be effective immediately upon EC Data Systems' delivery of such notice. EC Data Systems shall not be liable to Member or any third party for any circumstances resulting from the Termination of FAXAGE Services or this Agreement. In the event that notice of Termination by Member is provided via email to the above address, such notice shall be deemed effective on the date on which it is received by EC Data Systems.

In addition, upon Termination by EC Data Systems or Member, Member will remain liable for any and all charges associated with Member's FAXAGE Service up to and including the effective date of Termination. Further, EC Data Systems reserves the right to charge Members for any and all use of the FAXAGE Services following receipt of a request by Member for Termination or following delivery of notice of Termination by EC Data Systems. Member is obligated to pay, as a condition of using the FAXAGE Services, all charges and fees imposed by EC Data Systems from time to time.

Notwithstanding any other provision of this Agreement to the contrary, if Member objects to any terms and conditions of the Agreement or any subsequent modifications thereto or becomes dissatisfied with the Member's Services in any way, Member's sole and exclusive remedy shall be to terminate Member's Services as described above. EC Data Systems shall not be liable to Member or any third party, or responsible for any charges incurred for the termination of Member's telecommunications services or ancillary services. Upon Termination, Member's right to use the FAXAGE Services and associated software, and phone number(s) assigned to Member hereunder, when applicable, immediately ceases. Thereafter, Member shall have no right to FAXAGE Services and EC Data Systems shall have no obligation to provide the same. In addition, EC Data Systems will not be held liable for any lost information or messages because of the termination of Member's FAXAGE Services initiated by Member or EC Data Systems.

Without limiting EC Data Systems' rights to pursue any legal or other remedies available to itself in regards to collection of Charges, EC Data Systems reserves the right to communicate with Member following Termination until Member has paid to EC Data Systems all Charges levied prior to Termination plus applicable collections fees as specified in Section 6 of this agreement.

The FAXAGE Service Numbers that are assigned at the time of Member's registration of the FAXAGE Services by EC Data Systems to Member for Member's use in conjunction with the FAXAGE Services will, upon Termination, become immediately available for assignment by EC Data Systems to new subscribers, and will not be reserved for Member after Member's FAXAGE Services have been terminated.

19) TRADEMARK AND PROPRIETARY RIGHTS TO CONTENT

EC Data Systems' trademarks, websites, corporate names, trade names, domain names, logos, and service marks ("Marks") are the property of EC Data Systems. Member is not permitted to use the Marks without the prior written consent of EC Data Systems.

Member acknowledges that content, including but not limited to the Services, text, software, music, sound, photographs, video, graphics or other material contained in commercially produced information presented to Member through the FAXAGE Services ("Content"), by EC Data Systems is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; and Member is permitted to use this Content only as expressly authorized by the EC Data Systems. Member may not copy, reproduce, distribute, or create derivative works from this Content without express written authorization by EC Data Systems.

20) JURISDICTION AND GOVERNING LAW

You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions, and you hereby consent and attorn to the jurisdiction of such State and agree that all disputes shall be tried in the State of Colorado in the County of Arapahoe. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.

21) NO THIRD PARTY BENEFICIARIES

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.