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NOTICE: IT IS OF SUBSTANTIAL IMPORTANCE THAT YOU READ THE FOLLOWING TEXT REGARDING TERMS OF USE AND ACCEPT THIS AGREEMENT BY CLICKING ON THE BUTTON THAT APPEARS ON THE LOGIN/ SUBSCRIBE PAGE TO CONFIRM THAT YOU AGREE TO THESE TERMS OF USE:

This agreement, herein referred to as “Agreement”, consititutes a binding contract between you and barnbynotes.com herein after referred to barnbynotes.comand governs and rules your use of subscription and free areas of barnbynotes.com herein referred to as barnbynotes.com. By accepting this Agreement, and registering yourself or your organization as a subsciber or log-in member, you accept the regulations of the Agreement, and you represent that:

• a. you have read and understood this Agreement and agree to be bound by its terms and conditions.
• b. that you are at least 18 years of age, or are represented by someone who is at least 18 years of age.

The terms of this Agreement may be amended by barnbynotes.com from time to time in its discretion, and a copy of such amended terms will be posted at www.barnbynotes.com/termsofuse.html.

If you have objection to such amended terms it is advised that you refrain from using barnbynotes.com. You will be considered as deemed to have accepted the Agreement as amended 30 days after the amended terms are posted if you continue to use barnbynotes.com. In the event of such amendment, all other terms of the Agreement will remain in effect.

Registration, Subscription, or Member Log-In In order to become a member or subscriber of barnbynotes.com, you must register and provide specific information. You represent that your subscription information will be updated, accurate and in a complete form at the time you subscribe and that you will update this information as often as necessary. For registration and sign-in purposes, you will be required to select a user name and password.

Billing By completing the e-commerce application process, you authorize barnbynotes.com and its affiliate, Authorize.net, to charge fees to your designated credit card on a monthly basis as per Barnby Notes’ standard billing policy. If your billing information changes, you must update that information by xxxx. If you cancel your membership for any reason, barnbynotes.com will not refund any remaining portion of your subscription fee. All subscription fees are subject to change upon reasonable notice from barnbynotes.com. If you do not accept the revised subscription fee, you have 10 days to cancel your subscription.barnbynotes.com reserves the right to charge and collect all applicable taxes.Please see Authorize.net’s terms and conditions. Please see our Return Policy for additional information.

Disclaimer of Warranty. Your use of the services and content on barnbynotes.com is at your sole risk. The services and content are provided “as is” and barnbynotes.com makes no warranty of any kind,express or implied, as to the accuracy or completeness of the content,including, but not limited to implied warranties of merchantability,noninfringement, title or fitness for a particular purpose or use. barnbynotes.com is not responsible for what others say on barnbynotes.com,including and not limited to its text or video content provided by third parties, and anything said or implied on barnbynotes.com cannot be held against barnbynotes.com. barnbynotes.com does not warrant that the services or content is compatible with your equiptment or is free of errors,viruses or other defects and is not liable for any damages you or any third paty may suffer as a result thereof.

Limitation of Liability. Under no circumstances, including,but not limited to negligence, shall barnbynotes.com be liable to you for any direct or indirect punitive, special, incidental or consequential damages allegedly sustained by you or any third parties from your use of the service or the content or your inability to access or use the services. Some jurisdictions do not allow the exclusion or limitation of liability for punitive,consequential or incidental damages. In such jurisdictions,barnbynotes.comʼs liability is limited to the greatest extent permitted by law

Linking. barnbynotes.com may provide hyperlinks to other Websites maintained by third parties or may provide third party content on the barnbynotes.com site by framing or other methods. The fact that barnbynotes.com provides a link to a third party website does not mean that we endorse, authorize or sponsor that website. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control and we are not responsible for the content of linked websites, including any further links contained in a third party website. If you decide to access any of the third party websites linked to barnbynotes.com, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party website to which you link is free of computer viruses and other items of destructive nature.

Suspension/Termination of Subscription/Membership. barnbynotes.com may suspend or terminate your access to all or parts of barnbynotes.com’s services, without notice, for any conduct that barnbynotes.com, in its sole discretion, believes violates this Agreement or applicable law, or is detrimental to the interests of another user or any third party. In such case, barnbynotes.com shall have no liability to you, and barnbynotes.com will not refund any portion of your subscription fee.

Should you suspend or terminate your membership or should barnbynotes.com suspend or terminate your membership for any reason, barnbynotes.com will provide a written notice using the e-mail contact information you provided during subscription sign-up. Furthermore, barnbynotes.com will provide 30 days from that date of notification within which time you will have the right to print your barnbynotes.com entries. If you should restart your membership, barnbynotes.com does not guarantee that it can or will be able to provide you with your previously used Barnby journal or its contents, which may include entries, photos and video uploads. Should barnbynotes.com cease operations for any reason, it will provide a 30 day notice to all members within which time members can print their Barnby Notes entries. After that 30 day period, barnbynotes.com will not store any Barnby Notes entries or content related thereto.

Intellectual Property Rights. You agree that all content existing or posted on barnbynotes.com, including text, graphics, photographs, illustrations, quotes, or video presentations and other material herin after referred to as “the content”, and the enhancement, coordination, selection, arrangement and of sane, is the exclusive property of barnbynotes.com or the property of content suppliers to barnbynotes.com and is protected by copyrights, tradmarks and/or other proprietary rights under the laws of the U.S., Canada and other countries. All future and present copyrights, trademarks and other proprietary rights in and to the content shall, as between you and barnbynotes.com at all times be and remain the exclusive property of barnbynotes.com. The creation of derivative works based on the content is strictly prohibited. The services provided by barnbynotes.com includes materials whose property rights, trademarks and copyrights are owned and controlled by third parties. Use of such material is allowed only with the written permission of rthe owners of such materials.

Representations and Warranties.

You represent, warrant and covenant that you:

1. Have the power and authority to enter into this Agreement and any other agreements made with barnbynotes.com.
2. Shall not use any rights granted herein for any unlawful purpose.
3. Shall use the barnbynotes.com services and the content only as permitted by this Agreement.

Indemnity. You agree to indemnify and hold harmless barnbynotes.com and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and breach of this Agreement and against any and all cliams, losses, demands, causes of action and judments (including attorney’s fees and court costs) arising from or relating to your use of the barnbynotes.com content or any services provided by barnbynotes.com, including, without limitation, allowing others to use your subscriber name, password, password and/or account.

Governing Law, Jurisdiction, and Venue. This Agreement shall be governed in all respects by the substantive laws of the State of Nevada, and where applicable, the laws of the United States. Eqch of the parties hereby submits to the jurisdiction of the courts of the State of Nevada and of the United States in the District of Nevada. In the event any dispute arises between the parties, the parties agree that the given dispute shall exclusively be resolved in a court of competent jurisdiction located in Washoe County, Nevada. The parties agree that this is a mandatory forum selection clause.

Waiver. Failure by any party to enforce any of its rights under this Agreement shall not be deemed a waiver of any right which that party has under this Agreement.

Excused Performances. Nonperformance of either party shall be excused, and any performance date shall be extended, to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, telecommunications services or equipment or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

Invalid Provision/Severability. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions shall not be affected to the greatest extent possible consistent with the parties’ intent. Any invalid, void or unenforceable provision shall be modified as may be necessary to make it valid, effective and enforceable to the greatest extent possible consistent with the parties’ intent.

Entire Agreement. This Agreement reflects the entire agreement of the parties regarding the subject matter hereof, and expressly supersede sall prior and contemporaneous agreements between the parties, whether written or oral.

Amendment or Modification. This Agreement may not be amended or modified in any respect except by a written instrument signed by all of the parties.

Attorney’s Fees and Costs. In the event any dispute or litigation arises between the parties, the prevailing party shall be entitled to reasonable attorney's fees and costs.

Section Headings. The Section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the Sections to which they pertain.

Effect of Agreement. This Agreement shall inure to the benefit of, and be binding on the heirs, executors, administrators, assignees, and successors of the respective parties.

Gender and Number. As used in this Agreement, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be considered to include the others whenever the context so indicates.

Review of Agreement. The parties agree that they have had an opportunity to have this Agreement reviewed by counsel. The parties agree that this Agreement has been mutually prepared. Since the Agreement was mutually prepared, the terms of this Agreement shall not be construed or interpreted against any one party hereto.

Counterparts. This Agreement may be executed in counterparts, each of which constitutes an original, and together which constitute this Agreement.

Reservation of Rights. Any rights not expressly granted herein are reserved.

Survival of Certain Terms. Any rights and obligations of the parties hereunder shall cease upon termination of this Agreement, but without prejudice to any accrued rights, liabilities or remedies of either party hereunder or to any rights or remedies to which a party may be entitled to at law or in equity.

Time of the Essence. Time shall be of the essence in the performance of the provisions of this Agreement.