TERMS OF USE AGREEMENT

Welcome to FellowTip.Com. The following are Terms and Agreements between you and GiveForums, Inc., the owner of this website. From time to time in this agreement, we will refer to ourselves as “FellowTip”, “FellowTip.Com”, “we” and/or “the Company” and all individuals and/or entities accessing this Site as “you” and/or “user”. FellowTip reserves the right to change or modify these Terms and Agreements at any time. You agree that each time you visit our Site, you shall be subject to and bound by the current terms of this Agreement. By accessing, browsing, and/or using this web site (this “Site”), you acknowledge that you have read, understand and agree to be bound by these Terms and Agreements. You are agreeing to use the Site at your own risk. If you do not accept these terms, you are not authorized to access and/or use this Site.

USE OF SITE: FellowTip has a unique position on the internet as the only forum site where users tip each other with real money for information. This payment mechanism is completely voluntary on the part of its users. There is no obligation on the part of any user to give money to another user at any time. Users are strictly forbidden from requesting payment for information that they provide or “badgering” other users for payment. However, users who regularly indicate that they are willing to tip for a reply and receive generally credible replies, yet do not give a tip, will be subject to expulsion from the site.

AGE AND AUTHORITY RESTRICTIONS: You represent and warrant to the Company that you are at least eighteen (18) years old and that you possess the legal right, title, authority and ability to enter into this Agreement individually or on behalf of your company and/or organization and use the Site in accordance with this Terms of Use Agreement. Persons who do not meet the age requirement must have guardian/parent approval before entering this Site.

REGISTRATION AND PASSWORD: You will create a user name and password during the registration process. You are responsible for maintaining the confidentiality of the password and your e-mail address, and you are fully responsible for all activities that occur under the sponsorship of your account. You are to (a) immediately notify us of any unauthorized use of your password or e-mail address or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

USER PROHIBITIONS: GiveForums, Inc. owns and operates FellowTip.Com. Unless otherwise specified, all material on FellowTip.Com is the property of the Company and is protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You agree that FellowTip may, in its sole discretion, terminate your access to FellowTip.Com at any time without notice. The Company reserves the right to make changes to FellowTip.Com and these Terms of Use. Your continued use of this Site shall be deemed to be acceptance of these Terms of Use and notice of any such changes.

INTELLECTUAL PROPERTY RIGHTS: The content on the FellowTip Site is protected under United States copyright, trademark and/or other laws and is the property of the Company. Unauthorized use of the content may violate copyright, trademark, and other laws. You may use, view, print and/or download one copy of the material from FellowTip.Com on any single computer solely for your personal, informational, and non-commercial use, provided you keep intact all copyright and other proprietary notices. No material published on FellowTip.Com may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from FellowTip. You may not sell or modify the content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of material on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. You shall not copy or adapt the HTML code that is used to generate this Site. The use of any materials from this Site on any other website is prohibited unless permission is obtained in writing from the Company.

Further, as a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Site you hereby agree not to, do the following things: (i) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. We respect the intellectual property of others and expect you to do the same. At our discretion and in appropriate circumstances, we may terminate your account(s) and/or prevent access to the Site by users who infringe upon the intellectual property rights of others.

The trademarks, service marks, and logos of FellowTip and others used in this web site are the property of GiveForums, Inc. Nothing contained in this Site grants you the right to use (by implication, waiver, estoppel, or otherwise) any trademark without the prior written permission of GiveForums, Inc.

GiveForums, Inc. reserves the right to terminate your access to FellowTip.com if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. FellowTip and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. If you feel that your copyrighted material may have been infringed, you should submit written notification of your claim to the following Designated Agent:

Michael S. Lattier
1212 North Eastman Rd.
Kingsport, TN 37664-0740
Phone: (423) 378-8838
Fax: (423) 378-8801
Email: mlattier@hsdlaw.com

Your written notification should include the following information:

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

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

5. A statement that you have 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; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the information set forth in 1 through 6 above, we will remove or disable access to the material that is alleged to be infringing and forward written notification of the same to the alleged infringer. We will then take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.

An alleged infringer may protest take down of the posted material by providing a written counter notification to the Designated Agent listed above. To be effective, a counter notification should include the following information:

1. A physical or electronic signature of the alleged infringer;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. The alleged infringer’s name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which we may be found, and that he/she will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, we will promptly provide the Complaining Party with a copy of the Counter Notification and inform the Complaining Party that we will replace the removed material or cease disabling access to it within ten (10) business days. We shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided our Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network or system.

USER CONDUCT: The Company prohibits any use of this Site, and you hereby agree not use this Site, for any of the following: (i) posting material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (ii) posting a sexually-explicit image or statement; (iii) posting any incomplete, false or inaccurate information about yourself, your organization, and/or your postings, including impersonating another person; (iv) posting any material that is not entirely your own or for which you do not have full rights to use; (v) posting, advertising, or otherwise promoting any franchise, “pyramid” scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; (vi) deleting or otherwise revising any material posted by any other person; (vii) using any device, software, or routine to interfere (or attempt to interfere) with the proper working of this Site or any activity being conducted on this Site; (viii) taking any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure (including without limitation “flooding,” “spamming,” “mailbombing,” “crashing” the Site); (ix) accessing data not intended for you or logging into a server or account that you are not authorized to access; (x) probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (xi) posting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information and (xii) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER: The materials, services and contents provided at this Site are provided on an “as is, where is” basis. To the fullest extent permissible under applicable law, FellowTip disclaims all conditions, terms, representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, title or non-infringement of intellectual property.

FellowTip does not warrant or guarantee that files available for downloading from FellowTip.Com are free of viruses, worms, Trojan horses, or other code that have contaminating or destructive properties. The Company makes no express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) regarding the files available for downloading from FellowTip.Com. In no event will the Company be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from FellowTip.Com.

FellowTip further does not warrant the accuracy and completeness of the contents or services at this Site, that this Site and the contents contained therein will be accessible and perform in accordance with your expectations, that the functions contained in the Site and the contents contained therein will be uninterrupted or error-free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components. FellowTip does not warrant or make any representations regarding the use or the results of the use of this Site in terms of correctness, reliability, accuracy or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God/act of nature, communication line failure, theft or destruction or unauthorized access to, alteration of, or use or record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

You specifically acknowledge and agree that the Company is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from this Site without liability.

LIMITATION OF LIABILITY: Your use of this Site and all information contained herein is solely and entirely at your own risk.

IN NO EVENT SHALL FELLOWTIP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE FELLOWTIP.COM, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON FELLOWTIP.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF FELLOWTIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If your use of the content, information or services from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION: You agree to indemnify and hold FellowTip and its subsidiaries, affiliates, officers, agents, employees, owners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit, or otherwise make available through this Site, your use of this Site, your violation of the Terms of Use Agreement, or your violation of any rights of another.

TERMINATION: FellowTip reserves the right, at its sole discretion and without prior notice, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Site and immediate termination of your registration with or ability to access the Site and/or any other service provided to you by the FellowTip, upon any breach by you of these Terms of Use or if FellowTip is unable to verify or authenticate any information you submit.

GOVERNING LAW: Use of FellowTip.Com will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of law provisions. All matters relating to your access and use of this Site shall be governed by the federal laws of the United States and the laws of the State of Tennessee. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of FellowTip.Com shall be in Washington County, Tennessee, if in state court, or in the Eastern District of Tennessee, if in Federal Court.

WAIVER: The failure of FellowTip to exercise or enforce any right of provision of this Terms of Use Agreement shall not, and shall not be construed to, constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties hereto nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of this Agreement remain in full force and effect.

STATUTE OF LIMITATIONS: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Terms of Use Agreement or your use of this Site must be filed within one (1) year from the date that such claim or cause of action arose or it will be forever barred.

PRIVACY POLICY

COLLECTIVE INFORMATION: Our system automatically collects information about the areas the user visited on the website. We may use this information to understand how our Site is used and for future improvement. We may share such information but it is not our practice to disclose individual names or other personal information. The following is included in collective information.

COOKIES: A Cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. FellowTip uses cookies in a responsible manner to help our visitors with recognition in login and personalization, among other things. Your browser is most likely set up to accept cookies automatically. You may disable this feature in your browser. By doing so, you will lose some of the conveniences. We do NOT collect or use this information from cookies to develop a profile about our users.

IP ADDRESSES: An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. We collect IP addresses for the purposes of system administration and to audit the use of our Site. Our server logs your IP address each time you log onto our Site and each time you request one of our pages. We will only identify you if it is necessary to enforce our rules, terms of service, or to protect our service, Site, or others.

OTHER INFORMATION: We may require other information for tracking or verifying compliance with our policies, abiding by federal, state and local laws and for editorial and feedback solicitation purposes. In addition, from time to time, we may use your information for new, unanticipated uses, such as notification of new services, announcements and general communications. If our information practices materially change at some time in the future, we will post such change to the Site before we use your data for these new purposes. We may also gather information on geographical status to better serve you. If you are concerned about how your information is used, please periodically check this privacy policy.

LINKING: Linking to other sites is an integral part of the functionality of the Internet and therefore of our Site. They include third party links, affiliates, partnerships, and suggested links. A link will display a URL that is non-FellowTip.com in the address window. This means that it is of a different entity. Solely as a convenience to you, FellowTip provides links from FellowTip.Com to other web sites and it is possible for you to link to and access non-FellowTip web sites while visiting this Site. FellowTip does not control these linked sites and is not responsible for the content or accuracy of any linked site or any link contained in a linked site. FellowTip does not endorse any company, content, or products to which it links. The Company reserves the right to terminate any link or linking program at any time. Access to non-FellowTip web sites is solely at your sole risk and discretion. Non-FellowTip web sites may contain unedited, sexually explicit, violent, racist, or other types of offensive material. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

WHEN WE MAY DISCLOSE INFORMATION: We may disclose user information in special cases when we believe in good faith that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights or property of our users or others. We also may disclose user information when we believe in good faith that the law requires it. Finally, in the event of a merger, sale of all or substantially all of the Company’s assets or a consolidation, we reserve the right to transfer such personal information to a third party who agrees to abide by this Privacy Policy and use such personal information only for the purposes it was originally provided. To respect the purpose for which our Site visitors gave us information, we give users choice and consent over how their personal information is used and remove names immediately upon request.

ENTIRE AGREEMENT: The terms and conditions set forth herein constitute the entire agreement between you and GiveForums, Inc. with respect to your use of this Site. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site.