1.

Welcome to Hainesville.com (“Hainesville”). Hainesville provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Hainesville services, you and Hainesville shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Hainesville also may offer other services from time to time that are governed by different Terms of Services. BY USING THIS SITE, YOU AGREE TO ALL TERMS OF AND CONDTIONS OF THE TOS. If you do not agree to be bound by this TOS, please discontinue your use of the Service.

2.

(a)

General. Hainesville currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Hainesville properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Hainesville assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Hainesville has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

HAINESVILLE RESERVES THE RIGHT TO CHANGE THE NATURE OF THIS RELATIONSHIP AT ANY TIME. VIOLATIONS OF THE TERMS OF THIS TOS MAY RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE.

(b)

Rules. It is a condition of your use of the Service that you do not:

a.

upload, post, email or otherwise transmit any Content (as defined below) that is unlawful, harmful, threatening, hateful, abusive, tortious, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, or invasive of another’s privacy;

b.

upload, post, email or otherwise transmit any Content containing harassing or offensive language, including sexual references, sexual nicknames, rude or deliberately offensive comments or racially, ethnically or otherwise objectionable language, including racial slurs and epithets;

c.

harm minors in any way;

d.

impersonate any person or entity, including, but not limited to, a Hainesville official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e.

forge header or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

f.

upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

g.

upload, post, mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of a party, or derivative works with respect thereto;

h.

upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotion materials, “junk mail,” “spam,” “chain letters,”, or any other form of solicitation which induces other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes (including “Pyramid schemes”), or plan or participate in scams involving other users;

i.

upload, post, email or otherwise transmit any material that contains software viruses, bots, worms, bugs, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

j.

disrupt the normal flow of dialogue by engaging in the use of excessive scripts, sound waves, “scrolling” (repeating the same message over and over), causing a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

k.

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

l.

resell, redistribute, broadcast or transfer the Content or use the Content in a searchable, machine-readable database;

m.

commit any act that would constitute a criminal offense, give rise to civil liability or otherwise intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

n.

“stalk” or otherwise harass another; or

o.

collect or store personally identifying data about other users in violation of our Privacy Policy
(c) Monitoring. You understand that Hainesville has no obligation to monitor the Content transmitted or received through the Service. However, Hainesville reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any Content or materials, in whole or in part, that in Hainesville’s sole and absolute discretion are objectionable or in violation of this TOS. You acknowledge that Hainesville reserves the right to, and may from time to time, monitor any and all Content transmitted or received through the Service, for operational and other purposes. During monitoring, Content may be examined, recorded, copied and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring.

(d)

License. With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant Hainesville the royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

(e)

Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, ideas, concepts, submissions of any type, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Hainesville, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Hainesville does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hainesville be liable in any way for any Content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You acknowledge that Hainesville does not pre-screen Content, but that Hainesville and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Hainesville and its designee shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hainesville or submitted to Hainesville, including without limitation information in Hainesville Message Boards, Hainesville Clubs, and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices

3.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hainesville has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hainesville has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Hainesville is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Hainesville Family Account. When you create a Hainesville Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Hainesville Family Account. In addition, you will be asked to FAX a copy of such certification to Hainesville. By adding a child to your Hainesville Family Account, you also give your child permission to access all of the Services including, email, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) is appropriate for your child. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”) to register as a member of the Service, you agree that you shall be solely responsible for: (a) the online conduct of such; (b) monitoring such Minor’s access to and use of the Service; and (c) the consequences of any use of the Service by such Minor.

4.

HAINESVILLE PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at Hainesville.com/privacy.

5.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hainesville of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hainesville cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6.

INDEMNITY

You agree to indemnify and hold Hainesville, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Hainesville may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hainesville's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hainesville has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Hainesville reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hainesville reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9.

MODIFICATIONS TO SERVICE

Hainesville reserves the right at any time and from time to time to temporarily or permanently modify, add, discontinue or delete any aspect, content, or feature of the Service (or any part thereof) with or without notice. You agree that Hainesville shall not be liable to you or to any third party for any modification, addition, discontinuance or deletion of the Service. Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.

10.

ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Hainesville site or any business being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Hainesville by our users and third parties. You agree that you will not modify, alter, copy, reproduce, republish, upload, post, transmit, create derivative works, or publicly display any Content (save Registration Data) from our web site without the prior expressed written permission of Hainesville or the appropriate third party.

11.

TERMINATION

You agree that Hainesville, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hainesville believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Hainesville may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Hainesville may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hainesville shall not be liable to you or any third party for any termination of your access to the Service.

12.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Hainesville shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13.

LINKED THIRD PARTY SITES

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hainesville has no control over such sites and resources, you acknowledge and agree that Hainesville is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hainesville shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14.

PRICES; ORDERS

All prices displayed on the Hainesville site are quoted in U.S. Dollars. Hainesville may restrict delivery to addresses within the United States and Canada. Hainesville will add shipping and handling fees and applicable sales/use tax. Hainesville reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Hainesville without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products and services on the Hainesville site do not imply endorsement of that product or service, or constitute a warranty, except to the extent set forth in this TOS. All actual products delivered will be of comparable or superior quality to those visually depicted on this site.

The receipt by you of an order confirmation does not constitute Hainesville’s acceptance of an order. Prior to Hainesville’s acceptance of an order, verification or information may be required. Hainesville reserves the right at any time after the receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Hainesville, for any reason. Hainesville reserves the right to limit the order quantity on any item and refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Hainesville shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hainesville shall promptly issue a credit to your credit card account in the amount of the incorrect price.

15.

HAINESVILLE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hainesville or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Hainesville grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hainesville for use in accessing the Service

16.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

(a)

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAINESVILLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHTHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b)

HAINESVILLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENT, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INF0RMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c)

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d)

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAINESVILLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAINESVILLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAINESVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT SHALL HAINESVILLE’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO HAINESVILLE WITH RESPECT TO YOUR USE OF THE SERVICE, OR ONE HUNDRED DOLLARS ($100.00) U.S. CURRENCY.

18.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19.

COMPLIANCE

You shall comply with all applicable laws, statues, ordinances and regulations regarding your use of the Service.

20.

NO AGENCY

You and Hainesville are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the TOS.

21.

NOTICES

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22.

TRADEMARK INFORMATION

“Infinity” icon, “Haines Obtains! Ltd.” name and design, “Smart Art”, “Momentum” jewelry brand, “Hainesville” Web site and domain name are registered trademarks of Haines Obtains! Ltd., in the United States and other countries. “1-888 HAINES ME”, “the shape of things to come”, “everyone is one”, “Infinity House”, and “She Knows” and other Hainesville logos and product and service names are trademarks of Hainesville (jointly the "Haines Marks"). You agree not to copy, download, display, use or otherwise exploit the Haines Marks in any manner whatsoever, without the prior written permission of Hainesville.

23.

CHILDREN ONLINE PROTECTION ACT NOTIFICATION

Pursuant to 47 U.S.C. Section 230(d) as amended, Hainesville hereby notifies you that parental control predictions (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protectors in available at the Electronic Frontier Foundation website http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up website. http://www.netparents.org/parentstips/browsers.html

24.

INFRINGEMENT POLICY

Hainesville, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringement. Hainesville accommodates and does not interfere with standard technical measures used by copyright owners used to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Hainesville has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringements is:

Jeffrey C. Katz, Esq.
Davis & Gilbert LLP
1740 Broadway
20th Floor
New York, NY 10019

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above and must include the following information:

(a)

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is alleged infringed or (2) the person defamed.

(b)

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at the site. Similarly for other types of infringing materials, a list of such materials.

(c)

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(d)

Information reasonably sufficient to permit us to contact you, such as your address, telephone number and/or electronic mail address.

(e)

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

(f)

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed on or on behalf of the person defamed.

25.

JURISDICTION

Unless otherwise specified, the Content of this Service is presented solely to provide information and to promote Hainesville’s products available in the United States. The Service is controlled and operated by Hainesville from its offices within the state of California. Hainesville makes no representation that the Content on the Service is appropriate or available for use outside the United States, Those who choose to access this Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Service is further subject to United States export controls. No software from this Service may be downloaded or other exported or re-exported (A) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (B) to anyone on the United States Treasure Department list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Conduct. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exporting from the United States or the country in which you reside.

26.

Except as otherwise expressly provided herein or in the Privacy Policy posted on the Hainesville site, any communication or material you transmit to Hainesville by electronic mail or otherwise, including any questions, comments, suggestions and the like is and will be treated as non-confidential and non-proprietary and may be used by Hainesville, Hainesville vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Moreover, Hainesville, Hainesville vendors and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques used in any communication you send to Hainesville for any purpose whatsoever, including but not limited to developing, manufacturing, promoting and marketing products or services using information contained in such communication. All such communications whether sent at our request (for a specific event, purpose, or contest) or without a request from us, shall be deemed, and shall remain, the sole and absolute property of Hainesville, and shall otherwise be subject to the provisions of Section 2(d) above.

27.

FORCE MAJEURE

Hainesville shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any Act of God, any law, regulation, ordinance, or other act or order of any court, government or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

28.

MISCELLANEOUS

The validity, construction and enforceability of this TOS shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Hainesville. Any assignment other than as provided for in this Section shall be null and void, ab initio. If any provision of this TOS shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The TOS shall constitute the entire understanding between you and Hainesville with respect to the subject matter, superseding any prior and contemporaneous understandings, whether express or implied, pertaining thereto and cannot be modified, amended, superseded or rescinded, except as agreed to in writing by both parties. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The failure of Hainesville to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Headings in the TOS are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

29.

ARBITRATION

Any controversy or claim arising out of or relating to this TOS or our Service, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy or claim of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Either you or Hainesville may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you or Hainesville pending the completion of the arbitration.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

30.

ADDITIONAL TERMS

The following documents are incorporated by reference:

30.1

Privacy Policy is available at Hainesville.com/privacy. We may change our Privacy Policy from time and our changes are effective after we provide you with at least thirty (30) days’ notice of the changes by posting the changes on the announcements board and sending email to users who select such notification.

30.2

Board Usage Policy is available at http://pages.hainesville.com/help/community/png-board.html. We may change our Board Usage Policy from time and our changes are effective after we provide you with notice of the changes by posting the changes on the announcements board.

31.

VIOLATIONS

Please report any violations of the TOS to our Customer Care group

TM & © 2004-2009 Haines Obtains! Ltd. All rights reserved