The Company Pulse a division of River Heights Companies, Inc. (TCP) provides you the service to network virtually online. In order to use the TCP executive network, you (user) must register as a member of the (website) and agree to be bound by these (Terms of Use Agreement). In order to become a Member and communicate with other Members you must agree to these (Terms of Use Agreement) and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership. This Agreement may be modified by The Company Pulse from time to time, so please check back periodically. AGREEMENT BETWEEN YOU AND RIVER HEIGHTS COMPANIES, INC.’S THE COMPANY PULSE WEBSITES.TERMS OF USE and NOTICESAGREEMENT BETWEEN USER AND THE COMPANY PULSEThe Company Pulse Web Site is operated by River Heights Companies or its affiliates.TCP provides you the service to network virtually online. In order to use the TCP (website), you (user) must register as a member of the (website) and agree to be bound by these (Posting Regulations). In order to become a Member and communicate with other Members you must agree to these (Posting Regulations) and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership. This Agreement may be modified by TCP from time to time, so please check back periodically. The TCP Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TCP website constitutes your agreement to all such terms, conditions, and notices. MEMBER ACCOUNT, PASSWORD, AND SECURITYIf a particular TCP requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TCP Inc immediately of any unauthorized use of your account or any other breach of security. TCP Inc will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TCP Inc or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. MODIFICATION OF THESE TERMS OF USETCP Inc reserves the right to change the terms, conditions, and notices under which the TCP Inc Site/Services are offered, including but not limited to the charges associated with the use of the TCP Inc Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms. Your continued use of the TCP Inc Site/Services constitutes your agreement to all such terms, conditions, and notices. LINKS TO THIRD PARTY SITESThe TCP Inc Site/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of TCP Inc and TCP Inc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TCP Inc is not responsible for webcasting or any other form of transmission received from any Linked Site nor is TCP Inc responsible if the Linked Site is not working appropriately. TCP Inc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TCP Inc of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the TCP Inc Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. TCP Inc shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of the TCP Inc Site/Services, you will not use the TCP Inc Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TCP Inc Site/Services in any manner which could damage, disable, overburden, or impair any TCP Inc Site/Service(s) (or the network(s) connected to any TCP Inc Site/Service(s)) or interfere with any other party's use and enjoyment of any TCP Inc Site/Service(s). You may not attempt to gain unauthorized access to any TCP Inc Site/Service, other accounts, computer systems or networks connected to any TCP Inc Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the TCP Inc Site/Services. USE OF SERVICESThe TCP Inc Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative messages (commercial or otherwise). • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses. • Violate any applicable laws or regulations. • Create a false identity for the purpose of misleading others. • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a TCP Inc Site/Service(s) or other user or usage information or any portion thereof.TCP Inc has no obligation to monitor the Communication Services. However, TCP Inc reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TCP Inc reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. TCP Inc reserves the right at all times to disclose any information as TCP Inc deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TCP Inc's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TCP Inc does not control or endorse the content, messages or information found in any Communication Service and, therefore, TCP Inc specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TCP Inc spokespersons, and their views do not necessarily reflect those of TCP Inc. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO TCP Inc OR THE TCP Inc WEB SITETCP Inc does not claim ownership of the materials you provide to TCP Inc (including feedback and suggestions) or post, upload, input or submit to any TCP Inc Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TCP Inc, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. TCP Inc is under no obligation to post or use any Submission you may provide and TCP Inc may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. SOFTWARE AND CONTENT AVAILABLE THROUGH THE TCP Inc SITE/SERVICESAll content and that is made available to view in connection with the TCP Inc Site/Services, excluding content that may be made available by end-users through a Communication Service, is owned by and is the copyrighted work of TCP Inc and/or its suppliers and is protected by copyright laws and international treaty provisions. LIABILITY DISCLAIMERTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TCP Inc SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TCP Inc SITE/SERVICES AND TO THE INFORMATION THEREIN. TCP Inc AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TCP Inc SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE TCP Inc SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. TCP Inc AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TCP Inc SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TCP Inc AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT TCP Inc SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN TCP Inc SITE/SERVICE. YOU SPECIFICALLY AGREE THAT TCP Inc IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TCP Inc IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN TCP Inc SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL TCP Inc AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TCP Inc SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE TCP Inc SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TCP Inc SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TCP Inc SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TCP Inc OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TCP Inc SITE/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TCP Inc SITE/SERVICES. GENERAL TERMS REGARDING USE AND STORAGEYou agree that TCP Inc may establish limits concerning use of any service offered on an TCP Inc Website, including without limitation, the maximum number of days that messages will be retained by the service, the maximum number of messages that may be sent from or received by an account on the service, the maximum size of a message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on TCP Inc's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time. You agree that TCP Inc has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that TCP Inc reserves the right to delete accounts that are inactive for an extended period of time. TCP Inc MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SERVICE CONTACT: techsupport@thecompanypulse.comTERMINATION/ACCESS RESTRICTIONTCP Inc reserves the right, in its sole discretion, to terminate your access to any or all TCP Inc Site/Services and the related services or any portion thereof at any time, without notice. Upon termination of the TCP Inc Site/Service, your right to use the TCP Inc Site/Service immediately ceases. TCP Inc shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. NO SPAM; DAMAGESTCP Inc will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay TCP Inc liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay TCP Inc's actual damages, to the extent such actual damages can be reasonably calculated. LANGUAGEIt is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. GENERALThis agreement is governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Suffolk County, New York, U.S.A. in all disputes arising out of or relating to the use of the TCP Inc Site/Services. Use of the TCP Inc Site/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TCP Inc as a result of this agreement or use of the TCP Inc Site/Services. You agree to indemnify and hold TCP Inc, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the TCP Inc Site/Services. TCP Inc reserves the right to disclose any personal information about you or your use of the TCP Inc Site/Services, including its contents, without your prior permission if TCP Inc has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TCP Inc or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. TCP Inc's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TCP Inc's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TCP Inc Site/Services or information provided to or gathered by TCP Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TCP Inc with respect to the TCP Inc Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TCP Inc with respect to the TCP Inc Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.