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GetGreat Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER GETGREAT PRODUCT OR SERVICE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of GetGreat, LLC's (referred to as "we", "us", or "our" herein) site(s) following the posting of changes to these terms (including the GetGreat, LLC's Internet Privacy Policy) will mean you accept those changes.

TABLE OF CONTENTS

  1. Introduction; General; Ownership; Prohibitions
  2. Notice and Procedure for Making Claims of Copyright Infringement
  3. Community Features
  4. Special Terms and Conditions Applicable to Sales; Customer Service Contact Information
  5. Votes, Contests, Sweepstakes
  6. Linking
  7. Disclaimer of Warranties
  8. Limitations on Liability
  9. Indemnification
  10. Termination
  11. Choice of Law; Jurisdiction; Attorneys' Fees
  12. Miscellaneous
  13. Acceptance of Terms of Use
  14. Notice for California Consumers

1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

Use of GetGreat.com (the "Website") and all products and services provided and/or distributed (whether via the Website or elsewhere) by MLB Advanced Media, L.P. ("MLBAM") ((1) the Website, (2) all materials contained or distributed in the Website, and (3) all such products and services shall be collectively referred to herein as the "GETGREAT Properties" and any such individual property as a "GETGREAT Property") are subject to this Agreement. By using this Website or any other GETGREAT Property or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the GETGREAT Properties.

Except for User-Generated Content (defined below), the GETGREAT Properties are either owned by or licensed to MLBAM, Ripken Baseball, Inc., and/or Ripken Digital Media LLC (collectively, the "GetGreat Entities"). The applicable owners and licensors retain all rights to the GETGREAT Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the GETGREAT Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the GETGREAT Properties without first obtaining the written permission of the GetGreat Entities or otherwise as expressly set forth in the terms and conditions of such GETGREAT Property. The GETGREAT Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to a GETGREAT Property. By using the Website or any other GETGREAT Property you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.

You must not use any GETGREAT Property or Community Feature to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of the GetGreat Entities or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts the Website or any other GETGREAT Property, imposes an unreasonable or disproportionately large load on the Website's or any other GETGREAT Property's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website or any other GETGREAT Property; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects the GetGreat Entities business or is otherwise objectionable in the GetGreat Entities' sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xii) use automated scripts to collect information from or otherwise interact with the Website or any other GETGREAT Property; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features.

Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") contained on or incorporated in any with GETGREAT Property shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the AP Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), the GetGreat Entities has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or any other GETGREAT Property (the "Designated Agent"). All such notifications relating to this Website or any other GETGREAT Property must be a written communication and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. 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.

C. 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 GetGreat Entities to locate the material.

D. Information reasonably sufficient to permit the GetGreat Entities to contact the complaining party, such as an address, telephone number, and/or electronic mail address.

E. 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.

F. 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.

Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to the GetGreat Entities' Designated Agent at the following:

Service Provider: MLB Advanced Media, L.P.
Full Address of Designated Agent to Which Notification Should Be Sent:
75 Ninth Avenue
New York, NY 10011
United States of America
Telephone Number of Designated Agent: (212) 652-1690
Facsimile Number of Designated Agent: (212) 485-8111
E-mail Address of Designated Agent: legal@website.mlb.com

3. COMMUNITY FEATURES

The GETGREAT Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, bulletin boards, wiki, vanity email, auctions, contests, games, blogs, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). You are solely responsible for your Submitted Content and must use Community Features in a responsible manner.

In order to participate in Community Features, you may be asked to register an account by providing certain personal information such as your name and/or email address. The GetGreat Entities' Privacy Policy explains how such information may be collected and used. In consideration of your use of the GETGREAT Properties, you agree (a) to provide accurate, current and complete information about you as may be prompted by any registration forms ("Registration Data"); (b) to maintain the security of your password and identification; (c) to maintain and promptly update the Registration Data, and any other information you provide to the GetGreat Entities, to keep it accurate, current and complete; (d) not to sell, transfer or assign your account; and (e) to be fully responsible for all use of your account and for any actions that take place using your account.

The GetGreat Entities and each of their third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although the GetGreat Entities and each of their Vendors reserve the right to do so, and neither the GetGreat Entities nor any of their Vendors shall not be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content to this Website or via any other GETGREAT Property, no confidential, fiduciary, contractually implied or other relationship is created between you and the GetGreat Entities and any of their Vendors other than as expressly set forth in this Agreement. You acknowledge that the GetGreat Entities are not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the GETGREAT Properties. You represent that your Submitted Content is an original work by you or you have all necessary rights in it and to submit it to the GetGreat Entities under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If the GetGreat Entities determine, in the GetGreat Entities' sole discretion and judgment, that your Submitted Content does or may violate any of the terms of this Agreement, the GetGreat Entities reserve the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the GETGREAT Properties; and/or (d) use any technological, legal, operational or other means available to the GetGreat Entities to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website or on any other GETGREAT Property.

You are solely responsible for your interactions with other users of the GETGREAT Properties. You may use the "Report Violations" feature in certain Community Features "Options" section to report violators. We reserve the right, but have no obligation, to monitor disputes between you and other users.

By transmitting your Submitted Content, you grant, and represent and warrant that you have the right to grant, to the GetGreat Entities a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.

4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

The Website may offer a shop (the "GetGreat.com Shop") to allows you to order products supplied by independent merchandise Vendors and/or auctions ("GetGreat.com Auctions") to allow you to purchase merchandise through an auction process (products purchased via the GetGreat.com Shop and GetGreat.com Auctions collectively referred to as the "Merchandise"). The Website may offer a ticketing section, where you may, among other things, buy tickets for games, events, and exhibitions. From certain sections of the Website, you can buy subscriptions to or downloads of audio, video and audio visual content (collectively, the "Services"). In addition, you may buy the GetGreat Entities products and services from locations other than the Website (e.g., via third party storefronts (e.g., wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, "Third Party Sales Locations").

ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. THE GETGREAT ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE GETGREAT.COM SHOP, GETGREAT.COM AUCTIONS, TICKETING, AUDIO AND VIDEO, OR MOBILE SECTIONS, OTHER GETGREAT PROPERTIES, OR THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, MERCHANDISE, OR TICKETS.

The GetGreat Entities reserve the right to modify the price of any Merchandise, ticket, product, Service or any other GETGREAT Property. The GetGreat Entities are not responsible for any error in copy or images relating to Merchandise, tickets, products, Services or any other GETGREAT Property. Any auction or offer to sell any Merchandise, ticket, product, Service or any other GETGREAT Property, may be discontinued at any time in the GetGreat Entities' sole discretion.

With respect to Merchandise offered and/or sold via the GetGreat.com Shop, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in the GetGreat.com Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

With respect to the sale of certain Merchandise through GetGreat.com Auctions to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code 1739.7 (2001):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.

With respect to the sale of certain Merchandise on the Website, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr 60.04 (2006):

SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.

The certificates of authenticity referenced above will be provided in the form of a certificate of authenticity or as a unique hologram affixed to the item itself. Each hologram bears a unique tamper-proof identification number that upon entry in Major League Baseball's database will provide the name of the signer and the date the item was signed. Each item and its unique identification number is processed and posted on the official program pages, which are accessible through the Shop.

Should you have any questions about the purchase of subscription Services, please contact GetGreat Customer Service at 1-800-426-4579 or send an e-mail to getgreat@website.mlb.com

Purchasing; Price; Payment

In order to purchase Merchandise, tickets, products, or Services on the Website or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, street address, telephone number, e-mail address, credit card information, and shipping address. (The GetGreat Entities Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise, tickets, products, Services and/or other GETGREAT Properties is subject to limits established by your credit card issuer. You must notify the GetGreat Entities immediately of any change in your credit card information, including any change to your street address. The GetGreat Entities may bill your credit card at the time the Merchandise,tickets, products, Services, or other GETGREAT Properties are ordered or shipped, and the appropriate Vendor may bill your credit card at the time your tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. The GetGreat Entities may in their sole discretion decline service to or terminate any account. Neither the GetGreat Entities nor any Vendor or any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any Merchandise, tickets, product, Service or other GETGREAT Property via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of the GetGreat Entities. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."

The Services and all other GETGREAT Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

Refund Policies for Cancellation of Subscription Services

In order to provide the highest customer satisfaction possible, the GetGreat Entities will refund the paid purchase price of a subscription if you request a refund within five (5) days of your subscription purchase date. In no event will the GetGreat Entities provide pro-rated refunds.

Of course, should you wish to cancel your subscription at any time, you may contact GetGreat.com Customer Service by at 1-800-426-4579 or by sending an e-mail to getgreat@website.mlb.com.

By accepting this Agreement, you agree that the GetGreat Entities may notify you about changes to services by sending an e-mail message to your e-mail address on file with the GetGreat Entities and by publishing such notices from time to time on the informational page(s) of the Website applicable to the Services. It is your responsibility to notify the GetGreat Entities of any change in your e-mail address by logging onto GetGreat.com and using the online account management tool.

Programming, pricing, terms and conditions of Services and other GETGREAT Properties are subject to availability and change.

SHARING OF PASSWORDS TO ANY GETGREAT PROPERTY IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO THE GETGREAT ENTITIES AS SET FORTH IN THE PREVIOUS PARAGRAPH, THE GETGREAT ENTITIES RESERVE THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.

5. VOTES; CONTESTS; SWEEPSTAKES

The Website and other GETGREAT Properties may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website and/or the applicable GETGREAT Properties applicable to the event as well as the terms of this Agreement.

6. LINKING

The Website and other GETGREAT Properties may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website and/or GETGREAT Properties from or to other websites or locations maintained by third parties, do not constitute an endorsement by the GetGreat Entities of any third party website or content. The GetGreat Entities are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.

7. DISCLAIMER OF WARRANTIES

A. USE OF THE WEBSITE, THE SERVICES, TICKETS, MERCHANDISE AND ALL OTHER GETGREAT PROPERTIES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE GETGREAT ENTITIES AND/OR THE APPLICABLE VENDOR, THE WEBSITE, THE OTHER GETGREAT PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. The GetGreat Entities DO NOT WARRANT THAT: (1) THE WEBSITE, THE SERVICES OR ANY OTHER GETGREAT PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE, SERVICES OR ANY OTHER GETGREAT PROPERTY WILL BE CORRECTED; (3) THE WEBSITE, MERCHANDISE, SERVICES OR ANY OTHER GETGREAT PROPERTY WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, MERCHANDISE, SERVICES OR ANY OTHER GETGREAT PROPERTY WILL BE ACCURATE OR RELIABLE.

8. LIMITATIONS ON LIABILITY

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF ANY GETGREAT PROPERTY OR ANY ACT OR FAILURE TO ACT BY THE GETGREAT ENTITIES OR ANY OF THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL CONTENT YOU TRANSMIT VIA THE WEBSITE.

B. IN NO EVENT SHALL THE GETGREAT ENTITIES BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.

C. IN NO EVENT SHALL THE GETGREAT ENTITIES OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE OR OTHER GETGREAT PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE GETGREAT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE GETGREAT ENTITIES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE GETGREAT ENTITIES OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, THE SERVICES, OR ANY OTHER GETGREAT PROPERTY IS $50.

D. IN NO EVENT SHALL THE GETGREAT ENTITIES BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE OR ANY OTHER GETGREAT PROPERTY, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

9. INDEMNIFICATION

You hereby agree to indemnify and hold the GetGreat Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the GETGREAT Properties, the Services, Merchandise and/or tickets purchased via the Website or any other GETGREAT Property; or (B) any alleged breach of this Agreement by you.

10. TERMINATION

The GetGreat Entities may change, suspend or discontinue any aspect of the GETGREAT Properties at any time, including the availability of any feature, product, service, database, or content. The GetGreat Entities may also impose limits on certain products and services or restrict your access to parts or the entire GETGREAT Properties without notice or liability at any time in the GetGreat Entities' exclusive discretion, without prejudice to any legal or equitable remedies available to the GetGreat Entities, for any reason or purpose, including, but not limited to, conduct that the GetGreat Entities believes violates this Agreement or other policies or guidelines posted on the Website or conduct which the GetGreat Entities believe is harmful to other customers, to the GetGreat Entities' business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by the GetGreat Entities in their sole discretion. In addition and without prejudice to any other remedy available to The GetGreat Entities, the GetGreat Entities may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by the GetGreat Entities.

11. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES

This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The GetGreat Entities will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

12. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The GetGreat Entities in their sole discretion may amend this Agreement, and your use of the Website or any other GETGREAT Property after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

13. ACCEPTANCE OF TERMS OF USE

BY USING THE WEBSITE AND/OR ANY OTHER GETGREAT PROPERTY, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use the Website and/or any other GETGREAT Property. The GetGreat Entities may change the terms of this Agreement at any time, and your use of the Website and/or any other GETGREAT Property after such changes are posted will mean that you accept them.

14. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of the GETGREAT Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

LAST UPDATED: March 6, 2009