Skilling Bee of New Mexico

Electronic Services Agreement

Current Version as of December 7, 2007

© 2007 Skilling Bee of New Mexico

Welcome to Skilling Bee ™!

Please review this Electronic Services Agreement (“ ESA”) carefully. It is the complete and exclusive statement between Skilling Bee of New Mexico and you of the rights, obligations and responsibilities of you and Skilling Bee of New Mexico with respect to the Skilling Bee of New Mexico website(s) and the software you may access on that website(s). “You” (and any variation thereof, such as “your”) means a parent who pays for access to the Services, as well as the individual who accesses or uses the Services. If you are a parent, guardian, or other person who enables a minor to access the Services, you agree to stand in the shoes of such minor for the purposes of making Skilling Bee of New Mexico whole in case of damages or indemnification that could properly lie against a minor, if not for his or her age.

By clicking “I agree,” you will confirm your unconditional understanding, acceptance, and receipt of the ESA and its terms and conditions, and you will acknowledge and demonstrate that you can access the ESA and other HTML disclosures and materials on our Skilling Bee of New Mexico site. This is required in order to create and access your online account. Skilling Bee of New Mexico will be creating an electronic record of this agreement. You may print this ESA before you click “I agree,” and you should retain a copy of it for your records. If someone else is paying for (or authorizing) your account, you agree to print this document and hand it to that person. If you do not have a printer, you may contact us for a free copy of this ESA that we will send to you via the email address you provide. If you do not accept the terms and conditions of the ESA, you are prohibited from using the Skilling Bee of New Mexico WEb site and the software accessible through that WEb site. YOU HAVE A ONE-TIME OPTION OF REVOKING THIS ESA WITHIN FIVE (5) DAYS OF FIRST ACCEPTING THIS AGREEMENT UPON YOUR INITIAL SIGN-UP IF YOU DETERMINE WITHIN THAT TIME THAT YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT. IN SUCH A SITUATION, YOU MUST CANCEL YOUR ACCOUNT WITHIN THAT FIVE (5) DAYS BY FOLLOWING THE CANCELLATION PROCEDURES AVAILABLE ON THE SKILLING BEE OF NEW MEXICO WEBSITE, IN WHICH CASE SKILLING BEE OF NEW MEXICO WILL CANCEL YOUR ACCOUNT AND YOU WILL NOT BE CHARGED. Thank you for your time and cooperation.

• Your relationship with Skilling Bee of New Mexico. Your use of Skilling Bee of New Mexico’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Skilling Bee of New Mexico under a separate written agreement) is subject to the terms of this ESA between you and Skilling Bee of New Mexico. “Skilling Bee of New Mexico” means Skilling Bee of New Mexico LLC, whose principal place of business is at 149 Mountain Park Pl. NW, Suite C, Albuquerque, New Mexico 87114, United States. This ESA constitutes an agreement between you and Skilling Bee of New Mexico.

• Accepting the Terms.

• In order to use the Services, you must first agree to this ESA. You may not use the Services if you do not accept this ESA. You can accept this ESA by:

(A) clicking to accept or agree to ESA, where this option is made available to you by Skilling Bee of New Mexico in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Skilling Bee of New Mexico will treat your use of the Services as acceptance of this ESA from that point onwards.

• You may not use the Services and may not accept this ESA if (a) you are not of legal age to form a binding contract with Skilling Bee of New Mexico, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

• Before you continue, you should print or save a local copy of this ESA for your records.

• Language of the Terms. In the event Skilling Bee of New Mexico has provided you with a translation of the English language version of this ESA, then you agree that the translation is provided for your convenience only and that the English language versions of the ESA will govern your relationship with Skilling Bee of New Mexico. If there is any contradiction between what the English language version of the ESA says and what a translation says, then the English language version shall take precedence.

• Provision of the Services by Skilling Bee of New Mexico.

• Through our Services, Skilling Bee of New Mexico enables users to access and use SkillsTutor ® educational content that is developed and prepared by SkillsTutor ®, which is owned by the Houghton Mifflin Company. The software for SkillsTutor ® resides on servers maintained by Houghton Mifflin and users will not download any software from Houghton Mifflin. However, the user logon and interface will be through the Skilling Bee of New Mexico website. The Services provided by Skilling Bee of New Mexico are intended to be an opportunity for users to enhance their skills in the subject areas available through the Services. SKILLING BEE OF NEW MEXICO IS NOT AN ACCREDITED INSTITUTION AND THE USE OF THE SERVICES BY ANY USER WILL NOT RESULT IN RECEIVING CREDITS OF ANY TYPE THAT ARE RECOGNIZED BY OR MAY BE APPLIED TO AN ACCREDITED INSTITUTION OR ANY TYPE OF SCHOOL OR OTHER EDUCATIONAL PROGRAM. Through our Services, Skilling Bee of New Mexico provides instruction and learning opportunities for grades 3-12 in a variety of subject areas. Skilling Bee of New Mexico delivers SkillsTutor ® online and through it provides diagnostic testing, prescriptive assignments, and automatic reporting. Skilling Bee of New Mexico also monitor progress and generate physical reports that will be sent to you and that may be accessed online as well. The Services are available year-round except for government-recognized holidays and in times of temporary unavailability due to maintenance or other work being performed by Skilling Bee of New Mexico as it deems necessary, subject to the terms of this ESA. In connection with the Services, Skilling Bee of New Mexico will provide qualified supervisors to monitor the progress of users of the Services, to determine where a user should begin when first using the Services, and to determine any proposed modifications to the progress of a user.

• You are solely responsible for all service, telephone and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

• You acknowledge and agree that Skilling Bee of New Mexico may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Skilling Bee of New Mexico’s sole discretion, without prior notice to you, at any time deemed necessary for any reason. You may stop using the Services at any time, however you will not be entitled to a refund of a pro-rata portion of the remainder of that month of Services for which you have previously paid. You do not need to specifically inform Skilling Bee of New Mexico when you stop using the Services if you are making monthly payments on a pay-as-you-go basis.

• You acknowledge and agree that if Skilling Bee of New Mexico disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.

• Use of the Services by You.

• In order to access certain Services, you will be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Skilling Bee of New Mexico will always be accurate, correct and up-to-date. You will also be required to pay any applicable fees and obtain an account, username and password.

• You may purchase the Services on a monthly basis at a rate determined by the total number of subjects chosen by all of the students under each enrollment, plus the applicable New Mexico Gross Receipts Tax. For example, if you enroll a single student and select three (3) subjects, then you will be required to pay for three (3) subjects. As another example, if you enroll two (2) students and select three (3) subjects for each student, then you will be required to pay for six (6) subjects. A list of the current monthly prices per number of total subjects is available at http://www.skillingbee.com/rates.php. These prices are subject to change at the sole discretion of Skilling Bee of New Mexico, however any price change will take affect no sooner than the month following the month in which the price change is announced on the Skilling Bee website stated immediately above. You are required to make payments via a credit/debit card online payment service, and that service is currently provided through Paypal ® only. Skilling Bee of New Mexico will automatically charge your credit/debit card through the online payment service on a monthly basis until you change your payment plan or cancel your account (which can be done via the Skilling Bee of New Mexico website). You may cancel YOUR ACCOUNT at anytime BY GOING TO http://www.skillingbee.com and following the instructions available at that website for cancelling an account (follow the “Subscription Payment” link). If you choose to cancel your account, your payment for the current month will not be refunded IN WHOLE OR IN PART.

• Any information or communications or ideas that you communicate or otherwise transmit to Skilling Bee of New Mexico may be retained by Skilling Bee of New Mexico for its recordkeeping purposes. you agree that Skilling Bee of New Mexico may record all or part of any information that you submit while using or in connection with the SkillsTutor ® program and modules for quality control and other purposes, subject to Skilling Bee of New Mexico’s obligations set forth in this ESA to maintain the confidentiality and privacy of any such confidential or private information.

• You agree to use the Services only for purposes that are permitted by (a) this ESA, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.

• You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Skilling Bee of New Mexico, unless you have been specifically allowed to do so in a separate agreement with Skilling Bee of New Mexico. you specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with any and all instructions provided to you, either physically or electronically, in connection with the Services.

• You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), or the ability of others to access or use the Services. Unless you have been specifically permitted to do so in a separate agreement with Skilling Bee of New Mexico, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

• You agree that you are solely responsible for (and that Skilling Bee of New Mexico has no responsibility to you or to any third party for) any breach of your obligations under this ESA and for the consequences (including any loss or damage which Skilling Bee of New Mexico may suffer) of any such breach. You agree to indemnify, defend and hold harmless Skilling Bee of New Mexico, and its affiliates, officers, directors, agent, partners, employees, licensors, representative and third-party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of your breach of any provision of this ESA. In such a situation, Skilling Bee of New Mexico reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

• Your passwords and account security. You agree and understand that you are responsible for maintaining the confidentiality of logins and passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Skilling Bee of New Mexico for all activities that occur under your account. You further agree that you will not allow any person other than yourself to use your account access information and access the Services. If you become aware of any unauthorized use of your login, password or of your account, you agree to notify Skilling Bee of New Mexico immediately through the “Contact Us” link at http://www.skillingbee.com.

• Privacy and your personal information. This policy explains how Skilling Bee of New Mexico treats your personal information and protects your privacy when you use the Services. Skilling Bee of New Mexico collects personally identifiable information, such as names, email addresses, etc., and demographic data, such as city, zip code, school district, etc., that you submit when you register to use the Services, complete a survey, or send Skilling Bee of New Mexico any correspondence. Skilling Bee of New Mexico may use this information to process and maintain your account, compile demographic statistics about users, and display to you information that may be of interest to you based on your profile. Skilling Bee of New Mexico will never sell your personal information to any company for any reason. You agree to the use of your data in accordance with Skilling Bee of New Mexico’s privacy policies. You also agree that Skilling Bee of New Mexico may use, track and record IP addresses (random numbers assigned to individual computers) to help administer its Services and anonymously track content preferences and traffic patterns. You also agree that Skilling Bee of New Mexico may use cookies (small text files transferred from its web site(s) to your hard drive) to recognize repeat users, track usage behavior, and facilitate your access to and use the web site(s). Cookies do not damage files or allow anyone to access your personally identifiable information. The statements and policies outlined in this Paragraph 7 are not intended to and do not give you any contractual or other legal rights. Skilling Bee of New Mexico reserves the right to alter its privacy policies as business needs require, but any changes will be posted to its web sites in a timely manner. Skilling Bee of New Mexico’s supervisors will have access to your name, testing scores, and performance information (such as your participation in and progress through the educational content provided as part of the Services). You agree not to directly contact any supervisor or directly provide any supervisor with any of your private or confidential information. Again, if you need to contact Skilling Bee of New Mexico, please do so through the “Contact Us” link on the website at http://www.skillingbee.com. You further agree that Skilling Bee of New Mexico may use your name (but no other identifying information) and your performance information (such as testing results) for training purposes only.

• Content in the Services. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights that are owned by the sponsors or advertisers who provide that Content to Skilling Bee of New Mexico (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 Skilling Bee of New Mexico or by the owners of that Content, in a separate agreement.

• Proprietary rights.

• You acknowledge and agree that Skilling Bee of New Mexico (or Skilling Bee of New Mexico’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by Skilling Bee of New Mexico and that you shall not disclose such information without Skilling Bee of New Mexico’s prior written consent.

• Unless you have agreed otherwise in writing with Skilling Bee of New Mexico, nothing in this ESA gives you a right to use any of Skilling Bee of New Mexico’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

• If you have been given an explicit right to use any of these brand features in a separate written agreement with Skilling Bee of New Mexico, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of this ESA, and any Skilling Bee of New Mexico guidelines as to use of brand features, as updated from time to time.

• Other than the limited license set forth in Section 11, Skilling Bee of New Mexico acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this ESA in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights that subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Skilling Bee of New Mexico, you agree that you are responsible for protecting and enforcing those rights and that Skilling Bee of New Mexico has no obligation to do so on your behalf.

• You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.

• Unless you have been expressly authorized to do so in writing by Skilling Bee of New Mexico, you agree that in using the Services, 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.

• License from Skilling Bee of New Mexico.

• Skilling Bee of New Mexico gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Skilling Bee of New Mexico as part of the Services as provided to you by Skilling Bee of New Mexico (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Skilling Bee of New Mexico, in the manner permitted by this ESA, for the time to which you are entitled based on your payments to Skilling Bee of New Mexico and the terms of this ESA.

• You may not (and you may not permit anyone else 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 Skilling Bee of New Mexico, in writing.

• Unless Skilling Bee of New Mexico has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

• Software updates. The Software that you use may automatically download and install updates from time to time from Skilling Bee of New Mexico. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Skilling Bee of New Mexico to deliver these to you) as part of your use of the Services.

• Ending your relationship with Skilling Bee of New Mexico.

• This ESA will continue to apply until terminated by either you or Skilling Bee of New Mexico as set out below. If you want to terminate your agreement with Skilling Bee of New Mexico, you may do so by (a) notifying Skilling Bee of New Mexico at any time, and (b) closing your accounts for all of the Services that you use, where Skilling Bee of New Mexico has made this option available to you. Your notice should be sent, in writing, to Skilling Bee of New Mexico’s address that is set out at the beginning of this ESA. Nothing in this Paragraph shall affect Skilling Bee of New Mexico’s rights regarding provision of Services under Paragraph 4 of this ESA.

• Skilling Bee of New Mexico may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of this ESA (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of this ESA);

(B) Skilling Bee of New Mexico is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(C) the partner with whom Skilling Bee of New Mexico offered the Services to you has terminated its relationship with Skilling Bee of New Mexico or ceased to offer the Services to you;

(D) Skilling Bee of New Mexico is transitioning to no longer providing the Services to users in the state or country in which you are resident or from which you use the Services; or

(E) the provision of the Services to you by Skilling Bee of New Mexico is, in Skilling Bee of New Mexico’s sole opinion, no longer commercially viable.

• When this ESA comes to an end, all of the legal rights, obligations and liabilities that you and Skilling Bee of New Mexico have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or that are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all Paragraphs other than this Paragraph 12 shall survive termination of this ESA and shall continue to apply to such rights, obligations and liabilities indefinitely.

• EXCLUSION OF WARRANTIES.

• NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT SKILLING BEE OF NEW MEXICO’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

• IN PARTICULAR, SKILLING BEE OF NEW MEXICO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL RESULT IN CREDITS THAT YOU MAY TRANSFER OR APPLY TO ANY EDUCATIONAL PROGRAM ANYWHERE IN THE WORLD,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE THAT YOU ACCESS OR THAT IS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKILLING BEE OF NEW MEXICO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

• SKILLING BEE OF NEW MEXICO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• LIMITATION OF LIABILITY.

• SUBJECT TO THE OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKILLING BEE OF NEW MEXICO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR REPRESENTATION OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES THAT SKILLING BEE OF NEW MEXICO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

( III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES, OR THE LOSS OF OR CORRUPTION OF ANY CONTENT DUE TO VIRUSES ORIGINATING FROM THE SERVICES;

( III) YOUR FAILURE TO PROVIDE SKILLING BEE OF NEW MEXICO WITH ACCURATE ACCOUNT INFORMATION; AND

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

• THE LIMITATIONS ON SKILLING BEE OF NEW MEXICO’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY REGARDLESS OF WHETHER SKILLING BEE OF NEW MEXICO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

• Copyright and trademark and patent policies. It is Skilling Bee of New Mexico’s good-faith intent to respond to all notices of alleged copyright, trademark and patent infringement. All complaints as to copyright, trademark, or patent infringement by Skilling Bee of New Mexico shall be promptly directed to it through the “Contact Us” link at http://www.skillingbee.com.

• Advertisements. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Skilling Bee of New Mexico on the Services are subject to change without specific notice to you. In consideration for Skilling Bee of New Mexico granting you access to and use of the Services, you agree that Skilling Bee of New Mexico may place such advertising on the Services if it so desires. Reference through any of the Services to any products, services, processes, hypertext links to third parties or other information by brand name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Skilling Bee of New Mexico. Skilling Bee of New Mexico makes no representations whatsoever concerning the information or materials appearing on or accessible through any third-party web site, the performance or operation of any third-party web site, or the goods or services advertised or sold on any third-party web site.

• Other content. The Services may include hyperlinks to other web sites or content or resources. Skilling Bee of New Mexico may have no control over any web sites or resources which are provided by companies or persons other than Skilling Bee of New Mexico. You acknowledge and agree that Skilling Bee of New Mexico is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Skilling Bee of New Mexico is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

• Changes to this ESA. Skilling Bee of New Mexico may make changes to this ESA from time to time. When these changes are made, Skilling Bee of New Mexico will make a new copy of the ESA available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the ESA has changed, Skilling Bee of New Mexico will treat your use as acceptance of the updated ESA immediately.

• General legal terms.

• Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, that 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, this ESA does not affect your legal relationship with these other companies or individuals.

• This ESA constitutes the whole legal agreement between you and Skilling Bee of New Mexico and governs your use of the Services (but excluding any services that Skilling Bee of New Mexico may provide to you under a separate written agreement), and completely replace any prior agreements between you and Skilling Bee of New Mexico in relation to the Services.

• You agree that Skilling Bee of New Mexico may provide you with notices, including those regarding changes to this ESA, by email or postings on or through the Services at Skilling Bee of New Mexico’s discretion.

• You agree that if Skilling Bee of New Mexico does not exercise or enforce any legal right or remedy that is contained in the Terms (or which Skilling Bee of New Mexico has the benefit of under any applicable law), this will not be taken to be a formal waiver of Skilling Bee of New Mexico’s rights and that those rights or remedies will still be available to Skilling Bee of New Mexico.

• If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this ESA is invalid, then that provision will be removed from this ESA without affecting the rest of this ESA. The remaining provisions of this ESA will continue to be valid and enforceable.

• No person or company shall be third party beneficiaries to this ESA. No agency, partnership, joint venture, or employment is created as a result of this ESA. You do not have any authority of any kind to bind Skilling Bee of New Mexico in any respect whatsoever.

• This ESA, and your relationship with Skilling Bee of New Mexico under this ESA, shall be governed by the laws of the State of New Mexico without regard to its conflict of laws provisions. You and Skilling Bee of New Mexico agree to submit to the exclusive jurisdiction of the courts located within the county of Bernalillo, New Mexico to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Skilling Bee of New Mexico shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.