The following terms and conditions (the "Agreement") form a binding agreement between you and Reach Pros, Inc., which is sometimes referred to as "Reach Pros," "BOGOPOD," "we," "us" or "our." Please review the following terms carefully. By using the Site or any BOGOPOD Services, you are agreeing to these terms, as well as our Privacy Policy (published at http://www.bogopod.com/printable-coupons-text-offers-privacy-policy and incorporated here by reference), and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

Our Services

BOGOPOD is an online service for people to find out about local merchants and their special offers made available via either free Coupons or paid for Deals, that are sometimes referred to as "Limited Time Offers" and "Deals" and BOGOPOD users will use the special offers for themselves and share the information with their family and friends (the "Services") through our website located at http://www.BOGOPOD.com and other online areas owned or operated by us, such as our Facebook presence, Twitter presence, MySpace presence and mobile phone applications collectively referred to as the "Site".

The Services include the opportunity for you to:

• access free Coupons for products and services of third party merchants by going to BOGOPOD.com. These Coupons are made available by local merchants through BOGOPOD and our content providers. They are free to print and use and do not require you to provide us with any credit card information. They are available for your use according to their listed terms and conditions as well as the terms and conditions described below in this agreement;
• purchase Limited Time Offers or Deals for products and services of third party merchants that provide significant savings at selected local businesses when used within the terms described below and on the individual Deal from the merchant. These Deals are available for purchase for a short time (usually a day or two) and then they are no longer available. These Deals require you to register and create an account with us and provide your credit card information.

The Services and Site are collectively referred to here as "BOGOPOD."

Conditional Use of Our Site and Services

Your permission to use BOGOPOD is conditioned upon your agreement that you:.

• are 13 years of age or older, but are 18 years of age or older to purchase any Deal;
• will comply with the Terms of Service of this Agreement;
• will not copy or distribute any part of BOGOPOD in any medium without BOGOPOD's prior written authorization;
• will provide accurate information when creating an account or registering for our Services;
• are solely responsible for your Password and the activity, including all purchases of Deals that occurs while signed in to or while using BOGOPOD using your Password;
• will not use BOGOPOD to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
• will not use the communication systems provided by BOGOPOD for any commercial purposes;

Your Account and Password

You will need to register by creating an account with BOGOPOD to obtain access to certain Services, including Deals. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will create a password (a "Password"). Access to the BOGOPOD Site and Services is not authorized by any other person or entity using your Password and you are responsible for preventing such unauthorized use. Individuals and entities who's privilege to access the Site or use the Services has previously been terminated by BOGOPOD may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

BOGOPOD relies on Passwords to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a Password that we’ve issued to you, we will rely on that Password and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your Password. Please notify us immediately if you become aware that your Password is being used without authorization.

Non-Confidentiality, Security and Privacy

Information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the BOGOPOD Merchant for their commercial purposes including to provide the Deal. Additionally, by registering and creating an account you agree to accept emails from BOGOPOD.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://www.bogopod.com/printable-coupons-text-offers-privacy-policy

Any communications between you and BOGOPOD, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

• attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• use the Site or Services to generate unsolicited email advertisements or spam;
• use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
• impersonate another user

Links to Third Party Sites

We don't have control over websites that BOGOPOD may link to. BOGOPOD may contain links to third party websites that are not owned, operated, or controlled by BOGOPOD. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using BOGOPOD you expressly relieve us from any and all liability arising from your use of any third party website.

Deals

BOGOPOD provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotions in order to reach the BOGOPOD users.

1. How It Works

By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. After you’ve placed your order and the time allotted for the deal has expired and the required minimum number of sold Deals is met, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is available to be used. If you purchase a Deal and the minimum number required to be sold is not met, your credit card will NOT be charged. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.

2. The Voucher

Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged which is similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.

3. Expiration Dates

The expiration date for a Voucher is as printed on the Voucher

If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then BOGOPOD may refund the paid portion of your Voucher in the form of a credit for future Deals. In order to receive the credit, you must provide the following information in writing to help@BOGOPOD.com (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.

4. Deal Specific Terms

Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law

5. Global Terms

Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

• no cash value for any Voucher,
• no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
• no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
• use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher,
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither BOGOPOD nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
• duplicate use, sale or trade of a Voucher is prohibited, except as required by law,
• unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

6. Merchant Responsibility

To be clear, BOGOPOD markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

7. Promotions of the Deal Program

From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

8. Products Available for Sale

The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. BOGOPOD reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. BOGOPOD does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

9. Refunds

BOGOPOD will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we may provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

Disclaimers of Warranty

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services Coupons or Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT BOGOPOD WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BOGOPOD, INCLUDING ANY SERVICES COUPONS OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A BOGOPOD REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. REACH PROS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. You may have additional consumer rights under your local laws that this contract cannot change.

Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF BOGOPOD. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless BOGOPOD, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to BOGOPOD; (ii) your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of BOGOPOD.

Reservation of Rights and Release

BOGOPOD reserves the right, but has no obligation, to monitor, or take any action BOGOPOD deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “BOGOPOD” is our servicemark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on BOGOPOD, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by BOGOPOD. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to BOGOPOD, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by BOGOPOD is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.

Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (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. BOGOPOD's designated Copyright Agent to receive notifications of claimed infringement can be reached at help@BOGOPOD.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Electronic Communications

The communications between you and BOGOPOD use electronic means, whether you visit the Site or send us emails, or whether BOGOPOD posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from BOGOPOD in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BOGOPOD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Text Messaging

You may elect to receive Text Messages from BOGOPOD. BOGOPOD provides alerts, special offers and Coupons via Text Messages as part of the Service. Please note that to process your request for Text Messages as part of the Service, Text Message recipients may incur a fee, depending on the arrangement the recipient has with his/her mobile phone service provider. By requesting Text Messages as part of the Service you acknowledge and approve the related fees, if any. A message recipient’s cell phone must be capable of receiving text message. All messages will include a tag line identifying the affiliated alert.

BOGOPOD respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we in our sole discretion believe that any such information is untrue, inaccurate, not current or incomplete, BOGOPOD may refuse you access to the Service and pursue any appropriate legal remedies. Please review our Privacy Policy and Terms of Use for further information. By using the Service, you agree to be legally bound to the terms and conditions of our Privacy Policy and our Terms of Use Agreement.

If you receive Spam or any Offensive Message sent through the Service, please go to feedback and complete the form to report the problem. Be sure to include in the message: the phone number to which the message was sent; the e-mail address of the sender (if available); and a description - or, if available, the text - of the message.

YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY, ITS LICENSORS NOR ITS AFFILIATES ARE RESPONSIBLE FOR, OR CAPABLE OF CONTROLLING SENDERS OF MESSAGES BEYOND COMPANY ADVERTISERS, AND COMPANY, ITS LICENSORS AND AFFILIATES ASSUME NO LIABILITY FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONTENT OF ANY USER OF THIS SERVICE.

Acknowledgement That BOGOPOD is a Publisher

Users hereby agree and understand that BOGOPOD and related companies are mere publishers of information. Any Coupon, promotion or similar marketing or advertisement is offered solely by the independently owned and operated merchant. Any statement or representation of any of the independently owned and operated merchants are made exclusively by the specific merchant and any complaint or claim must be made against that merchant and not BOGOPOD or their related companies. In the event you discover any Coupon, promotion or similar marketing or advertisement that is in any way inaccurate or not what you expected from said offer of merchant please contact us in writing. Though BOGOPOD and related companies are mere publishers of information they will attempt to relay information to merchant. BOGOPOD and related companies are not a mediator and shall have no obligation to take any action or omission. Customer hereby agrees and understands that the intellectual property rights, including but not limited to trademarks and copyrights of each merchant, party offering a promotion Coupon or advertisement are the respective rights of that specific merchant and that no right or claim to any right to the intellectual property right shall be made by customer or user of this site. Customer hereby agrees and accepts that no claim to any intellectual property right is being made by anyone other then the specific merchant offering a promotion, advertisement, Coupon or similar offer.

Entire Agreement, Changes to this Agreement and Waivers

This Agreement and Terms of Service, together with the Privacy Policy at http://www.bogopod.com/printable-coupons-text-offers-privacy-policy and any other legal notices published by BOGOPOD on the Site or any Coupon or Deal Voucher, shall constitute the entire agreement between you and BOGOPOD concerning BOGOPOD. In our sole discretion, BOGOPOD may modify the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of BOGOPOD’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of BOGOPOD. No purported waiver or modification of this Agreement by BOGOPOD via telephonic or email communications shall be valid.

Choice of Law and Venue

This Agreement is between you and the BOGOPOD and the terms and conditions of this Agreement are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement and its terms and conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement and its terms and conditions shall otherwise remain in full force and effect.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND BOGOPOD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BOGOPOD MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of BOGOPOD.