1. General. Subject to your acceptance of these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Product as provided to you by us (referred to as the "Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product as provided by us, in the manner permitted by these Terms.
1. Grant of License - Usage in General. Subject to these Terms, and except as otherwise specified by us in writing to you or in these Terms, we grant you the personal, worldwide, non-exclusive right to use the Product solely for Non-Resale Purposes by one User for the term specified in your Order. "Non-Resale Purposes" means use in connection with persons who are also authorized users of the Product, even if they are part of a different organization.  It does not include distribution of the Product to third parties outside your organization (and who are not otherwise authorized users of the Product), or use of the Product to provide services for, to process information, or to generate output data, for the direct benefit of, or for purposes of rendering services to, any business entities or organizations, such as is done by service bureaus, data processing organizations or similar organizations.  "Order" means online purchase transaction, or other document specifying the acquisition (and payment for) the right to use the Product, making reference to these Terms.
2. Special provisions for Certain Licenses. If you have acquired the following types of licenses, you have the following use rights and restrictions (which modify the use rights otherwise specified under "Grant of License - Usage in General.):  Evaluation License. You have the temporary, non-exclusive, non- transferable right to use one copy of the Product in object form only, solely for evaluation purposes, but not for general production use, during an evaluation period of sixty (60) days from the date the Product is first used by you.  Free License. You have the non-exclusive, non-transferable right to use one copy of the Product in object form only; the free version may have limited capabilities.
2. U.S. Government End Users. The Software used to provide the Product is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
3. Restrictions on Assignment. These Terms and your license granted under these Terms are personal to you, and do not include the right to sublicense your rights under these Terms to any person.  You may not transfer or assign, by operation of law or otherwise, these Terms or your license to any third party without our prior written consent, which may be withheld in our sole discretion for any reason or for no reason.  An organization may acquire licenses to the product for use by their employees, but the organizations may not transfer an individual's right to use the Product to another individual in their organization; any new individual must obtain a new license to the Product.  Any assignment or attempted assignment in violation of these terms shall be of no effect, and shall constitute a breach of these Terms and result in the immediate and automatic termination of your license rights under these Terms; any renewal of such rights shall, if then available, be at our sole discretion, and will be on terms and conditions applicable at the time of renewal.
4. Notice re Cloud Storage. You acknowledge that certain components of the Product relying on storage and functionality provided through Amazon Web Services S3 storage service ("Cloud Storage").

1. Restrictions on Use. You may not (and you may not permit anyone else, on your behalf of otherwise, to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the Source Code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us, in writing.
2. Prohibition Against Assignment or Sublicense. You may not assign (or grant a sub-license of) your rights to use the Product, grant a security interest in or over your rights to use the Product, or otherwise transfer any part of your rights to use the Product.
3. Agreement to Install Updates. The Product may cause your computer system or other device to download and install updates from time to time. These updates are designed to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You consent and agree to receive and permit the installation of such updates (and to permit us to deliver these to you) as part of your use of the Product.  These Terms shall apply to any such updated Product.

1. Provision of Registration Information. In order to access the Product, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Product, or as part of your continued use of the Product. You agree that any registration information you give to us will always be accurate, correct and up to date.  We agree to take commercially reasonable steps to preserve the confidentiality of such information.
2. Compliance with Law. You agree to use the Product only for purposes, and in a manner, permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions including, without limitation, any regulations of the United States Bureau of Export Administration and other applicable governmental agencies.  In addition, you hereby assure us that you will not export directly or indirectly technical data to any country for which a validated license is required under United States law without first obtaining a validated license.  Further, you represent and warrant that you are not a national of, or under the control of, any country upon which the United States has then currently imposed an embargo of goods.

1. Restrictions on Access. You agree not to access (or attempt to access) any of the Product by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate written agreement executed by us. Without limiting the generality of the foregoing, you specifically agree not to access (or attempt to access) any of the Product through any automated means (including use of scripts or crawlers).  Similarly, you agree that you will not provide any third party access to material on the Product (or facilitate their attempt to access) by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate written agreement executed by us.
2. Non-Interference. You agree that you will not engage in any activity that interferes with or disrupts the Product (or the servers and networks which are connected to the Product).
3. Responsibility for Breach. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
4. Compliance With Standards of Conduct. You agree not to use the Product in violation of our standards of conduct posted at http://www.episend.com/legal/conduct.php ("Standards of Conduct"), as amended from time to time, in particular you may not use the Product in a manner that would cause you or us to violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Product, and any export or re-export laws, rules and regulations; interfere with or disrupt the Product or take any steps to interfere with or in any manner compromise any security measures with respect to the Product or any data or file transmitted, processed or stored on or through the Product. We may change our Standards of Conduct from time to time provided that any changes are reasonable and consistent with applicable law and industry norms.  Any such changes will become effective as to you upon the first to occur of: (i) your execution of a new/additional Order for your account that incorporates the revised Standards of Conduct or these Terms, or (ii) ten (10) days following our notice to you describing the change.  If the change materially and adversely affects you, you may terminate the Agreement by giving us written notice of termination on such grounds no later than ten (10) days following the date the change became effective as to you and we will not enforce the change as to you for ten (10) days following the date of your notice.  
5. Responsibility to Maintain Confidentiality. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Product.  Accordingly, you will be solely responsible to us for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.

1. Fees. Information on fees is available here or otherwise provided to you by us.  You agree to pay all charges, recurring fees, applicable taxes and other charges (collectively herein "Charges") incurred by you (or anyone who is using an authorized user account that you have caused to be created or for which you have otherwise indicated your agreement to be responsible for payment) at the rates in effect for the billing period in which those charges are incurred.  Unless you have made other arrangements, we will charge your credit card without invoice as follows:  (i)  for recurring fees, either in advance on or around the first day of each billing cycle, or, at our option, in arrears with your non-recurring fees; and (ii)  for non-recurring fees (such as storage) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at our option. Unless otherwise agreed in the Order, your billing cycle will be monthly, beginning on the date that we first makes the Product available to you.  Unless otherwise indicated, all fees are denominated and to be paid in United States Dollars and are exclusive of any applicable taxes.
2. Changes to Fees. We may increase fees at any time by posting the new fees on our website or giving you notice of the increase at least forty five (45) days in advance of the fee increase, except that we may increase the fees for Cloud Storage on as few as ten (10) days advance notice if our Cloud Storage provider increases its fees charged to us. 
3. Taxes. You shall pay, indemnify and hold us harmless from all sales, use, value added or other taxes of any nature, other than personal property or taxes on or measured by our net or gross income, including penalties and interest, and all government permit or license fees assessed upon or with respect to any fees. 
4. Billing Disputes. You must inform us of any billing problems or discrepancies within 90 days after the charge.  If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.  Additionally, if any charges are being collected by us on behalf of a supplier, then such supplier shall be an express third party beneficiary of this provision.  If your account is delinquent, we may, at our sole discretion, suspend or cancel your account (and accordingly your use of the Product).  If your account is suspended, regular charges will continue to accrue until you cancel your account.

1. Ownership of Intellectual Property. We (or our licensors) own all legal right, title and interest in and to the Product, including any intellectual property rights which subsist in the Product (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Product may contain information which is designated confidential by us and you shall not disclose such information without our prior written consent.
2. Ownership of Content. "Content" means information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) of you or a third party.  Other than the limited license set forth in these Terms, we agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any Content that you transmit or display on, or through, the Product, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You are responsible for protecting and enforcing those rights and we have no obligation to do so on your behalf.
3. Notices/Protection of Proprietary Rights. You may not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Product.  In using the Product, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.  Nothing in these Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features without obtaining, in each instance, our prior written consent.
4. Copyright and Trade Mark Policies. It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of our policy can be found at http://www.episend.com/legal/dmca.php

1. Rights to Your Content. You retain copyright and/or any other rights you already hold in any and all Content which you submit, post or display on or through, the Product.  By submitting, posting or displaying such Content you give us an irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Product as authorized by you in the use of the Product.
2. Grant of Ancillary Right. You acknowledge and agree that, in the course of performing the technical steps required to provide the Product to our users, we may (a) transmit or distribute your Content over various public networks and in various media for the purpose of fulfilling our obligations under these Terms; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media for the purpose of fulfilling our obligations under these Terms.
3. Authority to Grant License. You represent and warrant to us that you have all the rights, power and authority necessary to grant the above license.

1. Third Party Content Accessible Through the Product.  You understand that all Content to which you may have access as part of, or through your use of, the Product are the sole responsibility of the person from which such content originated. Content presented to you as part of the Product, including but not limited to advertisements in the Product and sponsored Content within the Product may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate agreement. By using the Product you may be exposed to Content that contains inaccurate, incomplete, misleading or otherwise objectionable information and opinions and, in this respect, you use the Product at your own risk.  You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) (i) your use of any Content and you hereby acknowledge and agree that, in the absence of an express statement by us to the contrary, we are not "providing" you with the Content and (ii) any Content that you create, transmit or display while using the Product and for the consequences (including any loss or damage which we may suffer) of doing so. We reserve the right in the future if it should prove technically feasible (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, restrict access to or remove any or all Content from the Product. 
2. Advertisements. In the course of using the Product, the Product may display advertisements and promotions. These advertisements may be targeted to users based on the content of information stored on the Product by such users, queries made by such users through the Product or other information.  The manner, mode and extent of advertising on the Product shall be subject to change by us without notice to you. In consideration for our granting you access to and use of the Product, you hereby consent to our placing advertising on the Product and agree that we may do so without compensation to you.
3. External Resources. The Product (and any advertising on the Product) may include links to third-party content or resources ("External Resources") including, without limitation, web pages. We may have no control over such External Resources.  We expressly disclaim any responsibility for any inaccuracy in any information or other materials contained in any External Resources and any defective products or services provided by, or advertised on, any External Resources. We do not endorse, nor does the display or posting of any link on any part of the Product imply that we endorse, any External Resource or any products or services described therein.  We expressly disclaim any responsibility for the availability (or lack of availability) of any External  Resources. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those External Resources, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available from or through any External Resource.

1. Consent to Transmissions. The Product may transmit or receive electronic files containing third-party content by interaction with other users, and by other users through the use of your computer, including temporary storage of information on your computer.  You hereby consent to such transmissions and to the corresponding use of your bandwidth and your digital storage space by the Product. 
2. Privacy Policies. You agree to the use of your data in accordance with our privacy policies.  For information about our data protection practices, please read our privacy policy at http://www.episend.com/legal/privacy.php This policy explains how we treat your personal information, and protect your privacy, when you use the Product.
3. Data Storage/Security. We will make reasonable attempts to backup data.  However, because the success of this process depends on equipment, software and services over which we have at best limited control, you agree that we have no responsibility or liability for the deletion or failure to store any data or other Content or communications maintained or transmitted by the Product.  You acknowledge that we may set upper limit on the number of transmissions you may send or receive through the Product or the amount of storage space used, at our sole discretion, to create limits at any time with or without notice.  We take reasonable steps to secure the data and Content transmitted by you.  However, we cannot guarantee that the Content and data transmitted by you will remain secure.

1. Term. These Terms shall be effective until terminated by either of us as set out below.
2. Termination without Cause. Either of use may terminate your use of the Product and these Terms for convenience at any time by giving the other written notice or (in your case) closing your account via our online account closing process. 
3. Suspension or Termination. We may, at any time, stop (permanently or temporarily) providing the Product (or any features within the Product) to you or to users generally at our sole discretion, and/or terminate these Terms or all or some of your rights under these Terms if:
   • you have breached any provision of these Terms, including violating any of the restrictions in the code of conduct referred to above and found at http://www.episend.com/legal/conduct.php as amended from time to time (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms or such code of conduct), and we shall have no obligation to refund to you any fees already paid; or
   • there is an attack on the Product, the Product is accessed or manipulated by a third party without your consent, or there is another event for which we reasonably believe that the suspension of your access to the Product is necessary to protect our network or our other customers; or
   • we are required to do so by law (for example, where providing you access to the Product may be, or become, unlawful); or
   • the partner with whom we offered the Product to you has terminated its relationship with us or ceased to offer the Product to you; or
   • we are, or anticipate, no longer providing the Product to users in the jurisdiction containing your residence or your principal place of business or from which access to the Product may be made on your behalf; or
   • the provision of the Product to you by us is, in our opinion, no longer commercially viable.
4. Unauthorized Assignment. In addition, all of your rights to access the Product under these Terms shall automatically terminate in the event of an unauthorized assignment. If we disable access to your account, you may be prevented from accessing the Product, your account details or any files or other Content which is contained in your account.
5. Effect of Termination. Upon any termination of these Terms, your right to use the Product terminates, but the provisions under "Limitation on Our License", "Limitation on Access to the Product", "Proprietary Rights", "Exclusion Of Warranties", "INDEMNIFICATION", "Limitation of Liability" and "General Legal Terms" continue to apply to both of us even after termination.  YOU (AND YOUR TRANSFEREES) WILL NOT HAVE ACCESS TO YOUR DATA STORED ON CLOUD STORAGE DURING A SUSPENSION OR FOLLOWING TERMINATION.  

1. AS IS. THE PRODUCT (INCLUDING ANY ADVERTISING DISPLAYED THEREON) AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PRODUCT (THE "MATERIALS") IS MADE AVAILABLE "AS IS".  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCT OR THE MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
   
   WE DO NOT PROMISE THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, AND YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY AND CONFIDENTIAL INFORMATION. 
   
   YOU ALONE SHALL BEAR THE RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER PRODUCT OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM USE OF THE PRODUCT OR ANY MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
2. Subsequent Versions of the Product. The license granted to you under these Terms is for the most current version of the Product as of the time we make such version available to you under these Terms.  We may release future versions of the Product under these Terms or different terms.  Nothing in these Terms (a) gives you the right to any future version of the Product or rights to any other products marketed by us; or (b) is a commitment to you of compatibility between the Product and any future versions of the Product.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY US, DUE TO OR ARISING OUT OF DATA OR CONTENT THAT YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE PRODUCT, YOUR USE OR MISUSE OF THE PRODUCT, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 

OUR AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRODUCT SHALL NOT EXCEED THE GREATER OF THE SUM OF ALL AMOUNTS RECEIVED BY US FROM YOU DURING THE PREVIOUS SIX (6) MONTHS. 

OUR LIABILITY FOR CLOUD STORAGE DOWNTIME SHALL NOT EXCEED AN AMOUNT EQUAL TO YOUR PRO-RATA FEES FOR CLOUD STORAGE FOR THE BILLING PERIOD DURING WHICH THE DOWNTIME OCCURRED.

IN NO EVENT SHALL WE (OR ANY OF OUR SUPPLIERS OR LICENSORS) BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, TORT OR ANALOGOUS DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PRODUCT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

1. Use of Third Party Product, Services or Goods. Sometimes when you use the Product, you may (as a result of, or through your use of the Product) use a service or download a piece of software, or purchase goods, which are provided by another person or company.  Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.  If so, these Terms do not affect your legal relationship with these other companies or individuals.
2. Entire Agreement. The Terms constitute the whole legal agreement between both of us and governs your use of the Product (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between both of us in relation to the Product.
3. Notices. You agree that we may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Product.
4. Waiver. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
5. Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms.  The remaining provisions of these Terms will continue to be valid and enforceable.
6. Third Party Beneficiaries. You acknowledge and agree that each member of the group of companies of which we are the parent shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them.  Other than this, and except as expressly provided otherwise in these Terms, no other person or company shall be third party beneficiaries to these Terms.
7. Governing Law. The Terms, and your relationship with us under these Terms, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions.  You and we agree to submit to the exclusive jurisdiction of the federal and state courts located within Suffolk County, Massachusetts to resolve any legal matter arising from these Terms.  Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8. Amendment. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.

1. Agreement to Terms. In order to use the Product, you must first agree to these Terms. You may not use the Product if you do not accept these Terms.  You can accept these Terms by clicking to accept or agree to these Terms, where this option is made available to you by us in the user interface for any service; or by actually using the Product.  You understand and agree that we will treat your use of the Product as acceptance of these Terms from that point onwards.  Each individual using the Product must be separately licensed, even if the license fee is paid on behalf of an organization. 
2. Eligibility to Use the Product. You may not use the Product and may not accept the Terms if (a) you are not of legal age (either under the laws of the Commonwealth of Massachusetts or the laws of the jurisdiction of which you are a resident or from which you use the Product) to form a binding contract with us, or (b) you are a person barred from using the Product under the laws of the United States or other countries including the country in which you are resident or from which you use the Product.
3. Use by Minors. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms in order for such Minor to use the Product.  A parent or guardian who accepts the Terms on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms, including any payment obligation.  A parent or guardian who accepts the Terms on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms even when the Minor has attained the age of 18, unless the parent or guardian obtains the Company's express written consent to the contrary.
4. Representation of Eligibility. In any of the above cases, you represent that you satisfy all of the above eligibility conditions.  If you do not satisfy the above conditions, or if you do not agree with these Terms, you must not select the "I Accept this Agreement" check box; instead you must not use the Product or any portion thereof.
5. Acceptance by Electronic Submissions. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Product.  Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.