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Privacy Policy

This Privacy Policy applies to all the products and services (the "Interface Services") and websites offered by GainShare, Inc., an Arizona corporation, dba Interface Technical Training ("Interface"), including those available at www.interfacett.com, blogs.interfacett.com, and video.interfacett.com (collectively, the "Interface Websites"). By using the Interface Services and Interface Websites, you consent to the privacy practices described in this Privacy Policy and the terms and conditions set forth in our Terms of Use. Interface reserves the right to change this Privacy Policy at any time. Interface will post any policy changes on this page and, if Interface determines that the changes are significant, Interface may provide a more prominent notice (including e-mail notification of policy changes). Interface will also keep prior versions of this policy in an archive for your review.

Please read this Privacy Policy carefully before using the Interface Services or Interface Websites and let us know if you have any questions or concerns by contacting us at TechSupport@InterfaceTT.com.

NOTICE REGARDING DISPUTE RESOLUTION: Any disputes or claims arising under this Privacy Policy, or relating in any way to your use of the Interface Websites or Interface Services, will be resolved by final and binding arbitration as provided for in Section 8 of our Terms of Use. Unless you opt out, you will only be able to pursue claims against Interface on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. What Personally Identifying Information Does Interface Collect and how does Interface use it?

   In order to access certain Interface Services and portions of the Interface Websites, you may be required to register by providing certain, limited, personal information regarding you and the company you represent, such as your name, job title, your company name, your phone number, your email address or billing information, or other data which can be reasonably linked to such information by Interface. Interface may use this information to contact you and others at your company to further discuss your company's interest in Interface and to send information regarding Interface, such as weekly upcoming class emails, newsletters, promotional materials, and information about upcoming events.

   When you send emails or other communications to Interface, Interface may retain those communications (including possibly your personally identifying information) in order to process your inquiries, respond to your requests, inform you of Interface Services to which you may be interested, and improve the Interface Websites and Interface Services.

   One example of when you will be required to provide certain, limited, personal information is in accessing the Interface video training areas of our website. When signing up to be either a trial user or paid user of this area, Interface requires you to enter personal information such as your email address, name, job title, company name, your phone number, company address and credit card information.

   For your protection, Interface does not store your credit card information on its servers. Interface partners with a third party, who offers a payment gateway that uses appropriate, commercially payment procedure.

   Interface uses collected personal information for the following general purposes: products and services provision and maintenance, billing, identification and authentication, products and services improvement, contact (including adding you to our email and marketing lists), and research. In addition, Interface may use your personal information to protect the rights or property of Interface or its users. If Interface uses your personal information in a manner different than the purposes for which it was collected as disclosed in this policy and otherwise by Interface to you, then Interface will ask for your consent prior to such use.

2. What Tracking Information Does Interface Collect and how does Interface use it?

   Your browser installs a cookie on your computer when you access the Interface Websites. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website and stored on your computer's hard drive. When you visit the website again, the cookie allows that site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Interface Website features or Interface Services may not function properly without cookies. For example, cookies are required to use certain Interface Services for personalizing your online experience by saving preferences, login information and other personalization experiences. Interface will not use cookies to collect personal information that you provide to Interface during the registration process, but the cookies may be used to collect other information, including personal information, such as: your IP address, your operating system type, and the date and time of your visit. This information helps us track users' movements around the Interface Websites and understand trends, as well as potentially combat fraud or misuse.

   All information that Interface collects may be used for improving our Interface Services, providing more effective customer service, performing research, identifying and authenticating users and enforcing our Terms of Use.

   Do Not Track (DNT) signals are signals sent through a browser informing us that you do not want to be tracked. We do not assign any meaning to DNT signals.

3. What Other Information Does Interface Collect?

   Interface offers, on a restricted access basis, Interface video training areas of our website. To use these restricted areas, you are required to enter a variety of information, including possibly personal information. In addition, Interface tracks your use of the restricted areas, including possibly how long you view specific videos and what videos are viewed. Interface may also ask you to voluntarily complete surveys concerning content provided on the website and in the restricted areas. We use all of this information to improve our Interface Services and to inform you of additional products and services that may be of interest to you.

4. How Does Interface Store My Data?

   Interface uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Interface Websites. The technical processing and transmission of the Interface Services, 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. Currently, Interface and its authorized third party vendors and hosting partners process data (including possibly your personal information) on servers in the United States of America and possibly in other countries. In some cases, personal information may be processed and stored outside your own country, including without limitation in the United States.

5. When Does Interface Disclose My Data

   Interface only shares information with other companies or individuals outside of Interface in the following limited circumstances:

   • With your consent.
   • When Interface has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) comply with valid legal processes, applicable law, regulation or enforceable governmental requests; and (b) enforce our Terms of Use or other policies.
   • To our subsidiaries, affiliated companies and service providers, such as credit-card payment processors, who perform services on our behalf. These subsidiaries, affiliated companies and service providers may have access to information, including personal information, only as needed to perform their functions and are not permitted to share or use such information for any other purposes.
   • If Interface becomes involved in a merger, acquisition or other form of sale of some or all of its assets, information may be shared. Interface will ensure the confidentiality of any personal information involved in such transactions and provide notice after the personal information is transferred, as well as prior notice if the information is to become subject to a different privacy policy upon transfer. In the unlikely event of a bankruptcy, information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

6. Your Choices, Accessing and Updating Information

   If you become a registered user, you will be able to review and control certain information, such as your user name and password, stored by Interface in your account by using the Edit Profile section. If you previously opted in to receive marketing emails, but no longer want us to contact you for marketing purposes, you may opt out of such marketing emails by clicking the "Unsubscribe" link at the bottom of the email or by contacting us directly at TechSupport@InterfaceTT.com. Please remember that we will always need an email for mandatory service communications such as billing reminders, information on technical service and maintenance related issues, and security announcements.

   When you become a registered user, Interface makes good faith efforts to provide you with access to your information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. Interface asks individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems), or for which access is not otherwise required. In any case where Interface provides information access and correction, Interface performs this service free of charge, except if doing so would require a disproportionate effort. Because of the way Interface maintains certain products and services, after you delete your information, residual copies may take a period of time before they are deleted from Interface's active servers and may remain on backup systems.

7. Security and Retention

   Interface takes commercially reasonable security measures to guard your information from unauthorized access to or unauthorized alternation, disclosure or destruction. These measures include safeguards such as firewalls, encryption and secure technology, such as SSL. Certain areas of the Interface Websites can only be accessed with a user name and password. It is your responsibility to keep your password confidential and not disclose it to any other person. You are responsible for all persons using your user name and password. Please advise us immediately if you believe your user name and password have been compromised.

   Interface takes commercially reasonable efforts to restrict access to your information to Interface employees, contractors and agents who need to know the information in order to process it on Interface's behalf.

   However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while Interface uses commercially reasonable efforts to protect your information, Interface cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your information, you agree that intentional misconduct will be the standard used to measure Interface's compliance with this duty.

   Interface retains information for as long as required, allowed or Interface believes it is useful, but does not undertake retention obligations. Interface may dispose of information in Interface's sole discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records of your data.

8. Disputes; Arbitration; Waiver of Class Action.

   This Privacy Policy is subject to our Terms of Use, including Section 8 of our Terms of Use, which includes binding arbitration (unless you opt out of arbitration within 60 days of the earlier of your first use of any of the Interface Websites or Interface Services or your creation of an Interface account) and a waiver of certain class action rights. Please carefully review these terms, as well as the rest of the Terms of Use before using our Interface Websites or Interface Services.

Web Site Terms and Conditions of Use

The following Terms of Use (the "Agreement") governs Your use of all products, services, materials and websites offered by GainShare, Inc., an Arizona corporation, dba Interface Technical Training ("Interface"), including those available at www.interfacett.com, blogs.interfacett.com, and video.interfacett.com (collectively, the "Interface Websites"). By Your use of the Interface Websites and Interface Services (as defined herein), You agree to the terms and conditions set forth in this Agreement. This Agreement, together with any other policies or guidelines posted on the Interface Websites and any other written agreements between You and Interface (collectively, the "Other Agreements"), will govern Your use of the Interface Websites and Interface Services. Please read this Agreement carefully before using the Interface Websites and Interface Services. Should you have any questions concerning this Agreement, please contact TechSupport@InterfaceTT.com.

The Interface Websites and Interface Services are available only to users 18 years of age or older. In accordance with the terms of this Agreement, You agree not to publicly perform, display, or otherwise share the Interface Services or Interface Materials without the prior written consent of Interface. You further agree not to allow any individuals other than named users to use, watch, or otherwise access any Interface Services or Interface materials.

NOTICE REGARDING DISPUTE RESOLUTION: This Agreement contains provisions that govern the resolution of claims between you and Interface. They also include an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Unless you opt out, you will only be able to pursue claims against Interface on an individual basis, not as part of any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. PRIVACY

You understand and agree that by using the Interface Websites and Interface Services, You consent to the collection and use of certain information about You and Your use of the Interface Websites and Interface Services in accordance with the Interface Privacy Policy (the "Privacy Policy"). For more information, please read the full Interface Privacy Policy. You further understand and agree that any information collected by Interface may be transferred to the United States and/or other countries for storage, processing and use by Interface and/or its affiliates.

2. MODIFICATIONS TO THIS AGREEMENT

Interface reserves the right, in its sole discretion, to change, modify or otherwise alter this Agreement at any time. You can find the most recent version of this Agreement on the Interface Websites, with the date of last modification noted above. All modifications are immediately effective upon posting. Therefore, Interface encourages You to check the date of the latest version of this Agreement whenever You visit the Interface Websites to determine whether this Agreement has been updated. You must review this Agreement on a regular basis to keep Yourself apprised of any changes. If You do not agree to the revised Agreement, Your sole recourse is to immediately stop all use of the Interface Websites, Interface Services and all Interface Materials. Your continued use of the Interface Websites, Interface Services and Interface Materials following the posting of modifications to this Agreement will constitute Your acceptance of the revised Agreement.

3. USE RIGHTS AND RESTRICTIONS; YOUR RESPONSIBILITES; THIRD PARTY SITES

3.1 General Use Rights. Users under the age of eighteen (18) are prohibited from using the Interface Websites and Interface Services; the Interface Websites and Interface Services are intended for users 18 years or older who have the legal capacity to enter into enforceable contracts. Subject to your compliance with the terms and conditions of this Agreement, Interface may provide You with access to a variety of products and services on the Interface Websites, including, without limitation, various courses, communication tools, e-mail based discussion groups, forums, videos (promotional, training, and any others), documents, news, press releases, industry articles, blogs, podcasts, webcasts, web-based live training, streamed videos, and any other products or services provided by Interface or provided through the Interface Websites (collectively, the "Interface Services"). The Interface Services may be eliminated, changed or upgraded by Interface from time to time without notice to You; provided, however, that if Interface has granted You a license to view streamed videos as part of Your Interface Services and cancels such streamed video service or moves such streamed video service to another website prior to expiration of Your Subscription Term, Interface will provide You with 30 days' notice (by e-mailing such notice to Your e-mail address on file, or by posting such notice to the applicable Interface Websites) with the new location for accessing such streamed videos, or, alternatively, with a location where You can access a downloadable version of such streamed videos in a format to be selected by Interface in its sole discretion. Any modifications to the Interface Services, including without limitation any new features that augment or enhance the current products or services, will be subject to this Agreement.

3.2 Restricted Use Rights; Registration Policy. In order to use the Interface Websites and Interface Services, You will be required to register with Interface. Subject to Your compliance with the terms of this Agreement and Your payment of all applicable Fees, Interface grants to You, during the Subscription Term, a limited, non-transferable, non-sublicenseable, non-exclusive right to use the Interface Services set forth at the time of purchase (and any applicable Interface materials provided to You therewith (the "Interface Materials")), solely for Your own internal business operations and solely for the number of Named Users for which You are authorized. Your "Subscription Term", the specific Interface Services, and the number of "Named Users" are as defined at the time of Your purchase from Interface. In consideration of Your use of these Interface Services, You agree to ensure that each Named User: (a) provide true, accurate, current and complete information as prompted by the registration sign-up pages (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for maintaining confidentiality of Your and Your Named Users' personal information, including without limitation user names and passwords (if issued). You are responsible for all use of the Interface Websites by Your Named Users and under Your Named Users' user names and passwords. You further agree to (a) immediately notify Interface of any unauthorized use of any of Your Named Users' passwords or accounts or any other breach of security, and (b) ensure that Your Named Users exit from the account at the end of each session. Interface will not be liable for any loss or damage arising from Your or Your Named Users' failure to comply with any of the foregoing requirements. If You or Your Named Users provide any information that is untrue, inaccurate, not current or incomplete, or Interface has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Interface has the right to suspend or terminate Your or Your Named Users' accounts and refuse any and all current or future use (or any portion thereof). Your Named Users will each maintain a unique user name and password, and be responsible for the confidentiality and use of this unique user name, and password. Interface will act as though any electronic communications it receives under any of Your Named Users' user names and passwords has been sent by You. You agree that Interface may provide any and all notices, statements, and other communications to You through e-mail to the e-mail addresses provided in Your Registration Data or through posting on the Interface Websites. You agree not to access the Interface Services by any means other than through the user interfaces that are provided by Interface. You are solely responsible for any use of the Interface Websites by You, Your Named Users, or any other person or entity that You permit to access or otherwise use the Interface Services or the Interface Websites.

3.3 Restrictions and Other Obligations. The rights granted to You in this Agreement are subject to the following restrictions: (i) You shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit or make the Interface Services or Interface Materials available to any third party; (ii) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Interface Services or Interface Materials, or access or use the Interface Services or Interface Materials in order to build a similar or competitive product or service; (iii) no part of the Interface Services or Interface Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (iv) You shall not attempt to harm, disrupt or otherwise engage in activity that diminishes the Interface Websites, computer systems, networks or the Interface Services or interfere with anyone else's use of the Interface Websites or Interface Services; (v) You acknowledge and agree that Interface owns all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Interface Websites, Interface Services, Interface Materials, and any suggestions, enhancement requests, feedback, recommendations or other information provided by You relating to the Interface Websites, Interface Services or Interface Materials, and (vi) YOU SHALL NOT, WITHOUT INTERFACE'S PRIOR WRITTEN CONSENT, PUBLICALLY PERFORM, DISPLAY, OR OTHERWISE SHARE ANY INTERFACE SERVICES OR INTERFACE MATERIALS, INCLUDING WITHOUT LIMITATION ANY VIDEOS, WEBCASTS, WEB-BASED LIVE TRAINING OR STREAMED VIDEOS, AND, YOU FURTHER ACKNOWLEDGE THAT YOU SHALL NOT ALLOW ANY INDIVIDUALS OTHER THAN AUTHORIZED NAMED USERS TO USE, WATCH, OR OTHERWISE ACCESS ANY SUCH INTERFACE SERVICES OR INTERFACE MATERIALS. You agree to comply with all of the terms and conditions of this Agreement and comply with any and all laws applicable to Your use of the Interface Websites and Interface Services. You shall cooperate with Interface's investigation of service outages, security issues or any suspected breach of the terms and conditions of this Agreement.

3.4 Links to Third Party Sites. The Interface Websites and Interface Services may be linked to other websites which are not under the control of and are not maintained by Interface. Interface is not responsible for the content of those websites. Interface provides these links to You only as a convenience, and the inclusion of any link to such websites does not imply endorsement by Interface of those websites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such other websites. Further, Interface is under no obligation to link to any other website.

4. SUBSCRIPTION FEES; PAYMENT

4.1 Fees. The fees for the Interface Services are available at http://video.intefacett.com and are payable in advance for the Interface Services (the "Fees"). All Fees are irrevocable and non-refundable. Interface reserves the right to change the Fees and to institute new charges at any time, upon thirty (30) days prior notice to You (which may be sent by e-mail to the e-mail address You provided in Your Registration Data). Late payments will be subject to a service charge of one and a half percent (1.5 %) per month, or the maximum charge permitted by law, whichever is less.

4.2 Non-Payment. Interface reserves the right to suspend Your or Your Named Users' access to or use of the Interface Services for which any payment is overdue. You agree that Interface will not be liable to You, Your Named Users, or to any third party for any suspension of the Interface Services resulting from Your non-payment of Fees. Upon payment in full of all amounts overdue (including any interest owed), You may request the reactivation of Your or Your Named Users' accounts. Interface will promptly reactivate these accounts, provided that (a) Interface has not already terminated this Agreement pursuant to Section 7; and (2) You have paid Interface in advance all applicable reactivation fees. Interface will not terminate this Agreement for non-payment until thirty (30) days after suspending access to or use of the Interface Services.

5. INTELLECTUAL PROPERTY RIGHTS; YOUR CONTENT; CONFIDENTIALITY; COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS

5.1 Intellectual Property Rights. The Interface Services offered on the Interface Websites, as well as their selection and arrangement, are protected by intellectual property rights, and any unauthorized use of the Interface Websites or Interface Services may violate such Intellectual Property Rights laws and this Agreement. Interface and its licensors own all right, title and interest to the Intellectual Property Rights of the Interface Services offered on the Interface Websites. This Agreement does not convey or transfer any ownership rights to You. The trademarks, logos and service marks displayed on the Interface Websites, or associated with the Interface Services, are the property of Interface or other third parties, including without limitation Cisco Systems, Inc. and Microsoft Corporation. You are not permitted to use these marks without the prior written consent of Interface or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Interface Websites or any Interface Services retrieved through the Interface Websites, including all videos and training materials.

5.2 Your Content. You may be asked or allowed to submit Your Content (as defined herein) to Interface through the Interface Websites or Interface Services. As between You and Interface, You remain the sole owner of and solely responsible for Your Content. Interface does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Interface a non-exclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Interface. Interface reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal. Publication of any of Your Content is at the sole discretion of Interface. You hereby certify that You own all Your Content, or otherwise have the right to freely redistribute Your Content without limitation, and that submitting Your Content will not violate or infringe upon the rights of any third party, including, but not limited to, any Intellectual Property Rights, right of publicity or other proprietary rights. You certify that Your Content contains no elements that are, or might produce results that are, defamatory, obscene, or in violation of any law. You further certify that Your Content contains no harmful or destructive content or output, including, but not limited to, any viruses, worms, or trojan horses. Interface assumes no liability with respect to disputes over Your Content ownership, copyright, or trademarks. In the event that Interface is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Interface will remove Your Content in question in a timely manner, with no obligation to notify You of the removal.

5.3 Transmission of Your Content. "Your Content" includes all registration information, business and financial information (if any is provided), electronic transmissions and all other data of any kind contained within e-mails or otherwise submitted by You or Your Named Users or entered electronically in the course of Your or Your Named Users' use of the Interface Websites or Interface Services. You understand that the technical processing and transmission of Your Content (including possibly transmission of Your Content outside its country of origin) may be necessary to Your use of the Interface Websites and Interface Services, and You consent to Interface's interception and storage of Your Content. You understand that You or Interface may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned or operated by Interface. You agree that Interface is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned or operated by Interface.

5.4 Confidential Information. "Confidential Information" means all information and services offered on restricted parts of the Interface Websites, including, without limitation, the Interface Services and Interface Materials. You agree: (a) to receive and maintain in confidence all Confidential Information disclosed to You by Interface; (b) not to use the Confidential Information except to the extent necessary to perform Your obligations or exercise Your rights hereunder; (c) to limit the internal dissemination of Confidential Information to Your officers or employees, if any, who have a need to know and an obligation to protect such Confidential Information; and (d) to protect the confidentiality of such Confidential Information in the same manner as You protect the confidentiality of similar information and data of Your own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). This Section 5.4 will not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure.

5.5 Copyright Infringement Notification Process. Interface abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If You believe that any content included on the Interface Websites is Your proprietary work and has been copied in a way that constitutes an infringement of Your copyrights in that work, please immediately notify Interface of any such copyright or other Intellectual Property Rights infringement. Similarly, if You believe that Your Content has been inappropriately removed, You may send a counter-notification. In either case, Your written notice should be sent to our designated agent as follows:

DMCA Complaints
Interface Technical Training
3110 North Central Avenue, Suite 160
Phoenix, Arizona 85012
Fax: (602) 266-8595
Telephone: (602) 266-8500
Email: TechSupport@InterfaceTT.com

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. Before sending either a copyright infringement notification or counter-notification, You may wish to contact a lawyer to better understand Your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Interface's rights and obligations under the DMCA and do not constitute legal advice. Interface will remove the infringing content, subject to the procedures outlined in the DMCA.

5.5.1 Copyright Infringement Notification. To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following (please consult Your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5.5.2 Counter-Notification. If Your Content has been taken down, You may elect to send us a counter notice. To be effective Your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

6. WARRANTIES; LIABILITY LIMITATIONS; INDEMNIFICATION

6.1 Customer Warranties. You represent and warrant that You have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement. You further warrant that You have all necessary rights in and to all Your Content as provided to Interface for its authorized use hereunder.

6.2 Disclaimer of Warranties. INTERFACE PROVIDES THE INTERFACE WEBSITES AND ALL PRODUCTS AND SERVICES, INCLUDING THE INTERFACE SERVICES AND INTERFACE MATERIALS, "AS IS," "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. INTERFACE DOES NOT WARRANT THAT THE INTERFACE WEBSITES, INTERFACE SERVICES OR INTERFACE MATERIALS WILL BE ERROR-FREE. INTERFACE IS IN NO WAY LIABLE FOR AND UNDER NO CIRCUMSTANCES SHALL INTERFACE BE HELD ACCOUNTABLE FOR THE LOSS OF YOUR CONTENT. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

6.3 Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION CHARGED BY INTERFACE HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY INTERFACE OF THE RISK OF YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERFACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS OR LOSS OF OTHER ECONOMIC ADVANTAGE) ARISING FROM BREACH OF WARRANTY OR BREACH OF CONTRACT, OR NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR INTERFACE'S PERFORMANCE HEREUNDER, INCLUDING WITHOUT LIMITATION (A) THE INTERFACE SERVICES, (B) ANY INTERRUPTION OF USE OF THE INTERFACE SERVICES, OR (C) FOR LOSS, INACCURACY OR CORRUPTION OF YOUR CONTENT, EVEN IF INTERFACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL INTERFACE'S LIABILITY HEREUNDER EXCEED THE AMOUNT THAT YOU PAID TO INTERFACE UNDER THIS AGREEMENT DURING THE PREVIOUS TWELVE (12) MONTHS.

6.4 Indemnification. You agree to indemnify, defend and hold harmless, Interface, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You or any other actions connected with Your use of the Interface Websites or the Interface Services. Your indemnification obligations include claims arising out of any of Your Content, as well as any claims arising out of acts or omissions by Your employees or agents, and any other person or entity who gains access to the Interface Services using Your accounts either with Your permission or as a result of Your failure to use reasonable security measures.

7. MISUSE; TERM AND TERMINATION

7.1 Interface Services Initial Term and Renewal Terms. If You subscribe to the Interface Services, the Subscription Term shall commence upon the date set forth at the time You register and shall continue for the period of time set forth in your registration confirmation or until otherwise canceled pursuant to the terms of this Agreement. Unless specifically agreed upon in writing between You and Interface at the commencement of a Subscription Term or thereafter, Interface will not automatically renew the Interface Services beyond your Subscription Term.

7.2 Termination of Interface Services. Interface reserves the right in its sole discretion to refuse service, to terminate accounts, or to cancel any orders if it believes Your use of the Interface Websites or Interface Services violates this Agreement, any Interface policies, the law or is otherwise harmful to the interests of Interface. You hereby acknowledge that Your breach of this Agreement may result in immediate and irreparable harm to Interface, for which there may be no adequate remedy at law, and that Interface shall be entitled to equitable relief to compel You to cease and desist all unauthorized use, evaluation or disclosure of information obtained through the Interface Websites. Your breach of this Agreement may also entitle Interface to bring an action against You for any and all other remedies available at law or in equity. Interface shall also have the suspension rights set forth in Section 4.2 in the event of non-payment.

7.3 Effect of Expiration or Termination. Upon any expiration or termination of the Agreement, Your right to access and use the Interface Websites, Interface Services, and Interface Materials will terminate. UPON ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT, YOU AGREE THAT (A) INTERFACE HAS NO OBLIGATION TO RETAIN YOUR CONTENT AND (B) YOUR CONTENT MAY BE IRRETRIEVABLY DELETED FROM THE INTERFACE WEBSITES AND INTERFACE SERVICES. Your obligation to make a payment of any outstanding, unpaid fees and reimbursable expenses will survive termination of this Agreement. In addition, all provisions that by their general nature are intended to survive expiration or termination will survive, including Sections 5, 6, 7.3, 8 and 9.

8. Disputes; Arbitration; Waiver of Class Action.
Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THIS AGREEMENT, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE INTERFACE WEBSITES OR INTERFACE SERVICES, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:

8.1 Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and

8.2 Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse. You may begin an arbitration proceeding by following the American Arbitration Association's (AAA's) filing requirements and mailing a request for arbitration and description of your claim to our registered agent Osborn Maledon PA, 2929 North Central Avenue, Phoenix, Arizona 85012. The AAA's Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS' FEES TO THE PREVAILING PARTY.

You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Interface within 60 days of the earlier of your first use of any of the Interface Websites or Interface Services or your creation of an Interface account. By using the Interface Websites or Interface Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern this Agreement (including the Privacy Policy incorporated herein by reference) and any dispute or claim of any sort that might arise between you and Interface. The prevailing party in any judicial action to enforce this arbitration agreement shall be entitled to a judgment that includes all fees and costs incurred in such action.

9. GENERAL PROVISIONS

9.1 Notice. Notices regarding this Agreement to Interface must be in writing and sent by first class mail or overnight courier (if from within the USA), or international courier, addressed to Interface at the address provided on HTTP://WWW.INTERFACETT.COM/CONTACT-US. Interface may give notice applicable to Interface's general Interface Services customer base by means of a general notice on the Interface Websites or Interface Services, and Interface may give notices specific to You by electronic mail to Your e-mail address on record with Interface, or by written communication sent by first class mail or overnight courier (if to an address within the USA), or international courier, to Your address on record with Interface. All notices will be deemed to have been given three days after mailing or posting (if sent by first class mail), upon delivery in the case of courier, or 12 hours after sending by confirmed facsimile, e-mail or posting to the Interface Websites or Interface Services.

9.2 Force Majeure. Except for Your obligation to pay for the Interface Services, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include (without limitation) accidents, acts of God, labor disputes, actions of any government agency, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion thereof.

9.3 Governing Law; Jurisdiction. This Agreement is governed by the laws of the State of Arizona and controlling U.S. federal law. The Uniform Computer Information Transactions Act, the United Nations Convention on the International Sale of Goods, and choice of law rules of any jurisdiction will not apply to this Agreement. Any legal action or proceeding relating to this Agreement must be instituted in a state or federal court in Maricopa County, Arizona, and each party hereby submits to the personal jurisdiction of such courts and waives any defense relating to venue or forum non conveniens.

9.4 Integration; Modification. This Agreement together with any Other Agreements, represents the parties' entire understanding, and supersedes any prior or contemporaneous, conflicting or additional, communications. Except as otherwise set forth herein, the terms and conditions of this Agreement may only be amended by written agreement of the parties. Terms and conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, will not become part of this Agreement unless specifically accepted by Interface in writing.

9.5 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such illegality or unenforceability will not affect any other term or provision of this Agreement, and such provision will be limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

9.6 Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between Interface and You as a result of this Agreement or use of the Interface Websites or Interface Services.

9.7 Assignment. You may not assign this Agreement without the prior written approval of Interface. Any purported assignment in violation of this Section shall be void. Interface reserves the right to provide some or all of the Interface Services (including but not limited to support services) from locations, and through use of third party providers, located worldwide.

9.8 Waiver. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.