Welcome.

These Terms of Service (*Terms of Use*) are a contract between you and The Myrtum Corporation, a company with its principle place of business at 27511 Nike Lane, Canyon Country, CA 91351 USA (*Myrtum*). Myrtum owns and operates several websites, including but not limited to www.Mytrum.com and www.iCareNOW.tv (hereinafter collectively and individually, the Site) and the form document generation, collection, storage services and all other related applications proprietary to the Myrtum that integrates with third party websites therein (collectively the *Service*). By using the Site and any Services accessible from the Site, you are agreeing to be bound by the following terms and conditions (*Terms of Service*) without limitation or qualification, so please carefully review this Agreement before proceeding.

If you do not agree to or intend to be legally bound by these Terms of Service or any part thereof, do not access or use the Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE ICARENOW SITE AT YOUR OWN RISK.

Modifications to this Agreement.

Myrtum reserves the right, in its sole discretion to change, modify or otherwise alter these Terms of Service and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such modifications or revisions shall become effectively immediately upon the posting thereof and binding on you. Therefore you must review this agreement on a regular basis to keep yourself apprised of any changes to Terms of Use that bind you.. You can find the most recent version of the Terms of Service on the current page at http://www.icarenow.tv/staticPage.php?pg=Terms. Myrtum also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time.

Intellectual property notifications.

Unless otherwise noted, all information, Myrtum account information, articles, data, images, passwords, Personal Identification Numbers (*PINs*), screens, text, user names, web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of Myrtum, or its subsidiaries and affiliates:

A. All information, products, services and software contained on or used in the Site (hereinafter included in the definition of *Content*) is Copyright 2004 by Myrtum. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by Myrtum unless otherwise noted.

B. The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Myrtum or others.

C. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by Myrtum.

D. Myrtum owns or uses by permission all software contained on the Site, including without limitation all HTML code Myrtum controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. Myrtum will seek and support prosecuting violators to the maximum extent possible.

E. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.

Your Account.

In order to open an Account on the Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Myrtum during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Myrtum cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all Content that you may post on the Site and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to the Myrtum Privacy Policy. One person or legal entity may not maintain more than one free Account. Accounts registered by bots or other automated methods are not permitted.

Your representations and warranties.

By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement.

Your indemnity obligation.

You agree to indemnify, defend, and hold harmless Myrtum and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

Use of information you provide Myrtum.

Consistent with the Myrtum privacy policy, we ask you to provide us with certain information when you take advantage of certain Services available through the Site. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. To review our privacy policy, please click on the "Privacy Policy" link at the bottom of any page.

For use of certain Services, we may provide you with a pass code. This pass code is proprietary to and the property of Myrtum. However, you must take precautions to insure the security of your pass code. Myrtum assumes no responsibility for and will not be liable in the event that another person learns your pass code or uses your pass code to cause damage to you.

While Myrtum takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MYRTUM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MYRTUM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

License Grants & Restrictions.

Myrtum hereby grants you a non -exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Site. All rights not expressly granted to you are reserved by Myrtum and its licensors. You shall not (i) modify or make derivative works based upon the Site; (ii) reverse engineer or access the Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Site, or (c) copy any features, functions or graphics of the Site. You further acknowledge and agree that, as between the parties, Myrtum owns all right, title, and interest in and to the Site, including all intellectual property rights therein.

Your Responsibilities.

Myrtum provides (or may provide) the Site solely to permit you to transact business with Myrtum, and for no other purposes. Your account information is owned by and proprietary to Myrtum. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your career or employment. You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Myrtum.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Myrtum.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Site itself (collectively, Equipment). You shall be responsible for ensuring that such Equipment is compatible with the Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Your communication with us.

Myrtum will not treat as confidential any communications you send to us by electronic mail or otherwise. Myrtum has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.

Myrtum does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Myrtum therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. If you do send us unsolicited proposals, then do so with the understanding that Myrtum may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. Myrtum may do so free of any obligation to compensate you for that use.

Comparison monitoring of on-line chats or telephone conversations with Myrtum.

The Site may provide you the ability to have an on-line chat session with Myrtum or with information as to how you can contact Myrtum by telephone. You may use these functions only for business purposes related to the Site. For quality assurance purposes, Myrtum may monitor, record, and/or transcribe the contents of these communications. By contacting Myrtum, you agree that the communication may be monitored, recorded, and/or transcribed and you consent to the monitoring, recording, and/or transcribing. Such records may be kept indefinitely or disposed of at our discretion.

Impermissible Acts.

As a condition to your use of the Site, you agree not to Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:

A. Upload, post, email, transmit, distribute, disseminate, publish or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades the privacy or another, degrades, embarrasses, harasses, humiliates, intimidates, threatens any individual or group of individuals or promotes bigotry, racism, hatred for harm against any individual or group on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.

B. Abuse, defame, harass, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to rights of privacy and publicity.

C. Modify, adapt or hack the Site or falsely imply that some other site is associated with the Site or Myrtum or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

D. Download or upload, post, email, transmit or otherwise make available any material or files that may damage the operation of another's computer, such as computer viruses, corrupt files, software viruses or similar software that contains any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

E. Interfere with or disrupt the Site, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

F. Upload, download post, email, transmit or otherwise make available any information, materials, files or other content that contain materials, including but not limited to software that violate the intellectual property, privacy, infringes rights of others, including any intellectual property rights or publicity rights of others unless you own, control, or have been authorized to exercise such rights.

G. Misrepresent or omit the origin or source of any file you download or upload.

H. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.

I. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.

J. Engage in the following commercial purposes including but not limited to:

1. Conducting contests or surveys.
2. Upload, post, email, transmit or otherwise distribute or chain letters, or make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, Ponzi scheme or any other form of solicitation;
3. Offering to sell any business opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.

K. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to Myrtum or any of their affiliates.

L. Use the Site or Services for any illegal or unauthorized purpose, including but not limited to downloading or uploading files that you know, or reasonably should know, cannot be legally distributed through the Site. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws) irregardless of the fact that this Agreement is executed under California law.

M. Upload, download, or otherwise export or re-export software from the Site:
(1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia;
(2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or
(3) to anyone on the U.S. Commerce Department's Table of Denial Orders.

N. Reproduce, duplicate, copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site or exploit any other portion of the Site.

O. Monitor or copy any Content by using any manual or automated process or software devices, or other processes to: reverse engineer, decompile or disassemble any of the software used to provide the Site, or crawl, spider or screen scrape any web pages contained in the Site with robots or other automatic devices.

P. Act as an agent or attorney in fact for any person who is not:

1. A member of your immediate household; or
2. Your direct supervisor at your place of employment.

Q. Collect credit card information or other form of online payments;

R. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site

S. Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.

T. Act as a fund development, advertising, marketing and or public relations management / tracking / aggregation service for any Myrtum member.

U. Access, obtain, collect, store or modify reproduce, transmit or publish the personal information about other members or users of the Site or Services with or without the consent of Myrtum members.

V. Engage in any other conduct that is, or that Myrtum deems to be, in conflict with this Agreement. Myrtum forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.

Form/Video Gallery.

In the course of using the Site, you may create certain templates, graphics or form documents and load or post such videos/documents into the form/video gallery or functional equivalent (Form Gallery) for other users. By making such documents available on the Form Gallery, you hereby grant to Myrtum a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non- exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with operation of the Site by Myrtum.

Other Forums.

Without limiting the foregoing, you agree to use any bulletin boards, chat rooms, conferences, or other communication or message facilities ("Forums") contained on the Site only to send and receive material and messages that are proper and related to the particular Forum. You further agree that you will use the Forums in conformity with all applicable laws and this Agreement. You agree that you will not Misuse a Forum.

Myrtum reserves the right to remove at will and without notice any Content on the Site, including anything you post in a Forum. You understand that any use by you of a Forum constitutes a public communication. You understand that Myrtum owns any and all information or material that you post on a Forum. You agree that you waive all of the rights you have to any information or material that you post on a Forum. Myrtum has the right to do whatever it wishes with that information or material, including but not limited to deleting or editing for any reason any posting by you. You further acknowledge that Myrtum does not endorse or sponsor any information or material posted by Forum users, and that Myrtum has no responsibility to approve, review, or screen such information or material.

Links to other sites and to the Site.

The Site may provide hyperlinks or references to other sites. While Myrtum endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Myrtum provides (or may provide) any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.

Feedback.

In the course of using the iCareNOW Site, you may provide Myrtum with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the iCareNOW Site (collectively Feedback). You hereby grant Myrtum a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Payment, Refunds, Upgrading and Downgrading.

A valid credit card is required for paying accounts. Free accounts which provide a limited access to the Service are not required to provide a credit card number. The Site is billed in advance per the Service Offering Package terms on a monthly, quarterly or yearly basis in accordance with the particular Service Offering Package and all payments are non-refundable. There will be no refunds or credits for partial months, quarters or years of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

You will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and you do not cancel that account within 30 days, you will be billed monthly, quarterly or yearly in accordance with the Service Offering Package starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.

On paying accounts, if you exceed the maximum number of quotas indicated per the Service Offering Package allowed for a given month, an applicable fee to cover the overages and an additional $0.05 USD per entry exceeding the limit will be charged to your account at the end of your billing period. On free accounts, forms will be deactivated once they have exceeded the maximum number of quotas allowed for a given month.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING YOUR SERVICE OFFERING PACKAGES - IF APPLICABLE ON THE ICARENOW SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. MYRTUM DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Violation of these Terms of Service.

Myrtum reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Myrtum may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Myrtum has no obligation to pre-screen or monitor your access to or use of the Site or any information, materials or other content provided or made available through the Site, but has the right to do so. You hereby agree that Myrtum may, in the exercise of its sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation unless and until it is verified by Myrtum personnel. You can cancel your account at any time by also writing Myrtum a letter to the following address: 27511 Nike Lane, Canyon Country, CA 91351 USA. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Myrtum once your account is cancelled. Please be aware that Myrtum may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

Termination.

Myrtum reserves the right to terminate any free Accounts that do not have complete profiles or show community inactivity for 6 months or is not logged into for 6 months. Myrtum, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Myrtum may refuse to provide you any current or future use of the Site, or any other Myrtum Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Myrtum once your account is terminated; however Myrtum may for a time retain residual information in our backup and/or archival copies of our database. Myrtum reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Site and Prices.

Myrtum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Service (or any part thereof) with or without notice. Prices of all Sites, including but not limited to monthly subscription plan fees to the Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site. Myrtum shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site. Myrtum reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership.

We claim no intellectual property rights over the material you provide to the Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content. Myrtum does not pre-screen Content, but Myrtum and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site.

Notification of Claims of Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify agent of Myrtum for notice of claims of copyright or other intellectual property infringement (Agent), at abpstephen@iCareNOW.tv or: Copyright Agent The Myrtum Corporation 27511 Nike Lane Canyon Country, CA 91351 USA

Please provide our Agent with the following Notice: Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature. Myrtum will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

API Terms.

Customers may access their Site Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Site, is bound by these Terms of Service plus the following specific terms: 1. You expressly understand and agree that Myrtum shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Myrtum has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. 2. Abuse or excessively frequent requests to Myrtum via the API may result in the temporary or permanent suspension of your account access to the API. Myrtum, in its sole discretion, will determine abuse or excessive usage of the API. Myrtum will make a reasonable attempt via email to warn the account owner prior to suspension. 3. Myrtum reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Disclaimer of Warranties.

The services and all materials and information included on the Site or regarding the Service (the Content) may contain inaccuracies and/or typographical errors. Myrtum may alter, change or improve the Content at any time and without notice. Myrtum makes not representations or warranties as to the completeness or accuracy of Content, and makes no commitment to update the Content. Myrtum makes no representations about the suitability of the Content for any purpose.

YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED *AS IS* AND ON AN *AS AVAILABLE* BASIS, WITH NO WARRANTIES WHATSOEVER MYRTUM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MYRTUM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. MYRTUM DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE ICARENOW SITE WILL BE CORRECTED. MYRTUM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. MYRTUM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MYRTUM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Without limiting the foregoing, Myrtum neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Myrtum shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or Services or due to your downloading any audio, data, images, materials, pictures, text or video from the Site or Services. Because Myrtum may provide services and products in many parts of the world, the Site or Services may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Myrtum offers or intends to offer those goods, products, and/or services in all locations.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular PST business hours.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL MYRTUM OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF YOU OR THAT USERS USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR SITE ARISING FROM ANY CLAIM OR DAMAGES RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE OR SERVICES. IN EACH CASE, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORIES OF LIABILITY AND ALSO REGARDLESS OF WHETHER MYRTUM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR SITE, FROM INABILITY TO USE THE SERVICES OR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MYRTUM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall Myrtum or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General.

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, and shall be deemed to be made and entered into in Los Angeles, California irregardless of and without giving effect to its conflict of laws provisions or your actual state or country of residence. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the State or Federal courts within Los Angeles, California. You agree and understand that you will not bring against Myrtum , or any of its affiliated entities, agents, directors, employees and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.

Any failure of Myrtum to assert any rights it may have under these Terms of Service does not constitute a waiver of the rights of Myrtum to assert the same or any other right at any other time or against any other person or entity. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Of course separate agreements may attach to any goods, products or services you obtain, purchase or use from the Site. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Myrtum. Questions about the Terms of Service should be addressed to abpstephen@icarenow.tv or by mail at: The Myrtum Corporation, 27511 Nike Lane, Canyon Country, CA 91351 USA. Questions about billing should be addressed to abpstephen@icarenow.tv