TERMS & CONDITIONS:

IMPORTANT: Read these terms and conditions of use carefully before accessing or using this Web site administered by Vitamin T, LLC, subscribing to the services of Vitamin T, LLC, purchasing its products, downloading software, technology, content, or data, and/or otherwise using the connected Daytipper services and products, and the related Daytipper software, data and/or technology used, stored, licensed, or accessed in connection therewith and the related intellectual property rights embodied therein (collectively, the “Daytipper Technology”).

Daytipper is willing to provide you with access to the Daytipper technology through this Web site and make available all products and services to you upon the condition that you accept all of the terms and conditions set forth herein, on any registration or order form received by you from Daytipper or its affiliates in connection with the Daytipper technology (collectively “Registration and Order Forms”) and on any documents references herein or any additional terms and conditions that can be viewed either on the pages containing any services or offerings, or via a link on those pages or other directions to the additional terms and conditions (collectively “The Agreement”). If you do not agree to these terms and conditions of this agreement, promptly cease using the Daytipper technology, and/or exit this page before downloading, accessing, suing, subscribing, or installing the Daytipper technology or purchasing products or subscriptions from Daytipper.

Authority:

By accessing, subscribing, downloading and/or otherwise using the Daytipper technology, you certify that: (a) you are at least 18 years of age, and that, if you are acting on behalf of such party, (b) you have read this Agreement in its entirety and have agreed to be legally bound by this Agreement, and (c) agree to all the operating rules and policies of Daytipper that may be published within the Daytipper Technology or this Web site.    

Intellectual Property:

The various Daytipper Technologies contained in this Web site is owned and operated by Daytipper and its licensors, and is protected by copyright and other intellectual property laws under United States and international treaties. The compilation and arrangement of all content, data, and other information found within the Daytipper Technology is also the sole and exclusive property of Daytipper and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Daytipper Web site and technology, meaning the structure, sequence, and layout of words and graphical elements, as well as any audiovisual components posted in the past or in the future, as well as button shaped, color combinations, and any other graphical or navigational aspects of the Web site are also proprietary to Daytipper and its licensors and is fully protected under U.S. and international intellectual property laws.

Use of Daytipper Web site and included Technology

Subject to the terms and conditions set forth herein and any third party restrictions, Daytipper grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use, access, the Daytipper technology and Web site to: (a) incidentally view, print, and download the content, either visual or otherwise, images, text, graphics, photographs, audio, video, and other content available at the Daytipper Web site solely for your informational purposes, and for your immediate, private, personal, and non-commercial use, and (b) make purchases of goods and services, subscriptions, through the links found on this Web site or through associated Daytipper technology, provided you retain all Daytipper copyright and propriety notices contained in the original materials or an copies thereof.

All rights not expressly stated herein are reserved by Daytipper and Daytipper disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Daytipper Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Daytipper Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of Daytipper, or any part thereof, including, but not limited to, using any part of the Daytipper Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the Daytipper Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Daytipper, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Daytipper Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Daytipper Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Daytipper Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available 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); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses 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; (xiii) interfere with or disrupt the Daytipper Technology or servers or networks connected to the Daytipper Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Daytipper Technology (including, but not limited, to this Web site); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.

You agree not to access the Daytipper Technology by any means other than through the interface that is provided to you by Daytipper for use in accessing the Daytipper Technology.

By posting of information or other materials on this Web site or within the Daytipper Technology or by making such information available for downloading by you, Daytipper does not waive any proprietary right in and to the Daytipper Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Daytipper Technology except for the limited license expressly granted herein.

Submissions

Any and all comments, suggestions, ideas, tips, graphics, personally identifiable information and any other information that you transmit to Daytipper through the Daytipper Technology ("Submission") become and will remain the sole and exclusive property of Daytipper and may be used by Daytipper anywhere, anytime and for any reason whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services incorporating the Submission, subject only to our Privacy Policy with respect to our use of your personally identifiable information. By making a Submission, you waive the right to make any claim against Vitamin T, LLC or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. To the extent Daytipper does not acquire full ownership to your Submission, you hereby assign all right, title and interest in and to your Submission to Daytipper. Only when Daytipper publishes your submission will you, the Submitter, be eligible to receive or bequeath on your behalf, any remuneration in the amount pre-determined by Daytipper before on the day of submission. Once paid the pre-determined amount to the submitter of approved and published content, Daytipper will not owe any additional money to the submitter regarding the published tip, no matter how it is used. You agree to execute any instruments and to do all things reasonably requested by Daytipper to vest in Daytipper all right, title and interest in and to your Submission. You also hereby irrevocably designate and appoint Daytipper and its duly authorized officers and agents as your agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission as if executed by you.

You represent and warrant that your Submissions: (a) shall be true to the best of your knowledge, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall contain visual depictions of persons who were at least 18 years of age when said visual depiction was created, (d) shall not be fraudulent or involve counterfeit or stolen information or items, (e) shall not violate any law, statute, ordinance or regulation, and (f) shall not create any liability for Daytipper. You also agree to maintain and promptly update your Submissions by means of the Daytipper Technology in order to keep that information true, accurate, current and complete.

Participation Disclaimer

Daytipper does review all Submissions posted to or created by users accessing the Daytipper Technology (including, but not limited to, this Web site), and is the final judging part on whether the content merits publishing on the Web site, books, materials, or via any other transmission. You, the submitter, is solely responsible for the content of these communications and your personal activities in regard to the Technology. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Daytipper Technology (including, but not limited to, this Web site), Daytipper is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Daytipper may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity or misrepresentation. Notwithstanding the foregoing, Daytipper reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Daytipper in its sole discretion.

Trademarks

Any and all trademarks displayed within the Daytipper Technology are owned by Daytipper, its licensors or its affiliates.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Daytipper. "Confidential Information" means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Daytipper or its licensors, including, but not limited to, all parts of the Daytipper Technology and any other materials or information related to the business or activities of Daytipper that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimer

You access and use the Daytipper Technology at your sole risk. The Daytipper Technology is provided to you on an "as is" and “as available” basis. To the fullest extent permissible pursuant to applicable law, Daytipper disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

Without limiting the foregoing, Daytipper does not represent or warrant that (a) the Daytipper Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Daytipper Technology will be corrected, (c) the Daytipper Technology or the servers that operate the Daytipper Technology are free of viruses or other harmful components, (d) the data, results and information within the Daytipper Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Daytipper Technology will meet your needs, requirements or expectations.

Daytipper may make changes to the content within the Daytipper Technology or to the products or services described in it, at any time without notice to you. Further, Daytipper assumes no liability or responsibility for any errors or omissions in the content within the Daytipper Technology. The materials in the Daytipper Technology may be out of date or inaccurate, and Daytipper specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Daytipper Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Daytipper shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Daytipper. You acknowledge and agree that Daytipper shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Daytipper Technology provided by any other user of this Web site or any third party licensors or suppliers of Daytipper.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Daytipper Technology, and no warranties shall apply after such period.

Limitation of Liability

NEITHER DAYTIPPER, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE DAYTIPPER TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DAYTIPPER TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE DAYTIPPER TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE DAYTIPPER TECHNOLOGY; THE LINKING TO OTHER WEB SITES FROM THE DAYTIPPER TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEB SITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE DAYTIPPER TECHNOLOGY WHETHER OR NOT DAYTIPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL DAYTIPPER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO DAYTIPPER FOR ACCESS AND USE OF THE DAYTIPPER TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH DAYTIPPER TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Access to Daytipper Technology

You shall be responsible for obtaining access to the Daytipper Technology and for all equipment necessary to access the Daytipper Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Daytipper Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Daytipper Technology and to select a unique username and password in order to be able to access your account and use any of the Daytipper Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Daytipper in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password via email to admin@daytipper.com.

Security

The Daytipper Technology resides on the public internet. Daytipper uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Daytipper and any information stored on servers controlled by Daytipper. Notwithstanding these efforts, Daytipper cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Daytipper Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Daytipper Technology, overloading, "flooding," "mailbombing" or "crashing" the Daytipper Technology. Violations of system or network security may result in civil or criminal liability. Daytipper reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Representations

Subject to the terms and conditions set forth herein, you may use the Daytipper Technology only for lawful purposes. The Daytipper Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the Daytipper Technology and to your Submission.

Indemnification

You agree to indemnify, defend, and hold harmless Daytipper, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Daytipper Technology; and (d) any use of your Submission by Daytipper or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

Termination

You agree that Daytipper, at its sole discretion, may terminate or suspend your access to and use of the Daytipper Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Daytipper believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Daytipper reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Daytipper Technology (or any part thereof) without notice. You agree that Daytipper shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Daytipper Technology. Your obligations under this Agreement shall continue even after Daytipper has terminated and/or cancelled this Agreement or your access to the Daytipper Technology.

Resale Prohibited

Products sold from this Web site may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Daytipper reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

Product Display/Colors & Specifications

The Daytipper Technology (including, but not limited to, this Web site) attempts to display product images shown through it as accurately as possible. However, Daytipper is not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the Daytipper Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the Daytipper Technology (including, but not limited to, this Web site) are subject to change at any time without notice. Weights and measures are approximate.

Applicability of Content

This Web site is operated in the States of Nebraska and California, inside the United States of America, and Daytipper makes no representation that the content provided through the Daytipper Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Daytipper Technology (including, but not limited to, this Web site) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Daytipper Technology, you may not view or use the Daytipper Technology.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used. Daytipper has a Privacy Policy that discloses what information Daytipper collects about you, how Daytipper uses such information, the steps Daytipper takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Web site and is incorporated herein by this reference. Please read our Privacy Policy for more details.

Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the States of Nebraska and California, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. 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 Daytipper Technology, and purchases of products and/or services through the Daytipper Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Nebraska, the State of California, or United States District Court for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Web site. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Daytipper Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, Daytipper has designated the person listed below as its agent to receive notifications of alleged copyright infringement on this Web site. Daytipper respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Daytipper's Copyright Agent the following information (the "Notice"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Daytipper Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Daytipper' Agent for Notice of claims of copyright or other intellectual property infringement can be contacted at:

copyright@daytipper.com

Nathan Preheim

Vitamin T, LLC

P.O. Box 24415

Omaha, NE 68124-0415

Order of Preference

This Agreement governs your use and access to the Daytipper Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Daytipper. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Web site or within the Daytipper Technology, conflicts with any provision of your other agreements with Daytipper, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

Links to Other Web Sites

The Daytipper Technology may now, previously, or in the future, contain and publish links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Daytipper). Daytipper is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Daytipper. Daytipper hereby disclaims any and all liability for, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Daytipper does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Daytipper liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Daytipper and Third Party Sites may provide less security than Daytipper. Without limiting the foregoing, the Daytipper Technology may contain offers from Daytipper for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the Daytipper Technology, including, but not limited to, price, color, quantity, availability and description may vary from those show on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the Daytipper Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site. Daytipper is not responsible or liable for any such differences or discrepancies.

Revisions and Consents

Daytipper reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Daytipper also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Daytipper Technology (including, but not limited to, on this Web site). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Web site. By continuing to enter this Web site and/or using the Daytipper Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.

18 U.S.C. Section 2257 Compliance Notice

All pictures, graphics, videos or other visual media displayed on this Web site are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

The owners and operators of this Web site are not the primary producer (as that term is defined in 18 USC section 2257 or subsequent case law defining such) of any of the visual content contained in the Web site.

Entire Agreement

This Agreement constitutes the entire agreement between you and Daytipper with respect to the subject matter addressed herein, and governs your access to and use of the Daytipper Technology, superseding any prior agreements between you and Daytipper relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Daytipper pursuant to your enrollment and/or participation in other features of the Daytipper Technology.

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the Parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Omaha in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division). 

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Daytipper’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Daytipper may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Daytipper. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.