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	Purchase A One-Year Yellow-Tie Membership
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	Yellow-Tie International Membership Agreement YELLOW-TIE MEMBERSHIP TERMS OF USE: BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE YELLOW-TIE MEMBERSHIP ORDERING PROCESS, YOU (THE "SUBSCRIBER") AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE YELLOW-TIE INTERNATIONAL ("YELLOW-TIE") MEMBERSHIP MANAGEMENT SYSTEM (THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" OR "SUBSCRIBER" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE. Welcome As part of the Service, Yellow-Tie will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Yellow-Tie internet sites incorporated by reference herein, including but not limited to Yellow-Tie privacy and security policies. For reference, a Definitions section is included at the end of this Agreement. Please see the Yellow-Tie website for descriptions of the membership levels and the differences between them. 1. Privacy & Security; Disclosure Yellow-Tie's privacy and security policies may be viewed at yellow-tie.com. Yellow-Tie reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Individual users when they initially log in, may be asked whether or not they wish to receive marketing and other non-critical Service-related communications from Yellow-Tie from time to time. They may opt out of receiving such communications at that time or at any subsequent time by changing their preference under their personal setup. Note that because the Service is a hosted, online application, Yellow-Tie occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Yellow-Tie can disclose the fact that you are a paying customer and the edition of the Service that you are using. 2. License Grant & Restrictions Yellow-Tie hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Yellow-Tie and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. 3. Your Responsibilities You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Yellow-Tie immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Yellow-Tie immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Yellow-Tie user or provide false identity information to gain access to or use the Service. 4. Account Information and Data You, not Yellow-Tie, own any data, information or material that you submit to the Service in the course of using the Service ("Membership Data"). You, not Yellow-Tie, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Membership Data. Yellow-Tie shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Membership Data. Yellow-Tie reserves the right to withhold, remove and/or discard Membership Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Membership Data immediately ceases, and Yellow-Tie shall have no obligation to maintain or forward any Membership Data. 5. Intellectual Property Ownership Yellow-Tie International, a Missouri, United States of America, Association, together with its suppliers (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to the Yellow-Tie Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Yellow-Tie Technology or the Intellectual Property Rights owned by Yellow-Tie. The Yellow-Tie name, the Yellow-Tie logos, and the product names associated with the Service are trademarks of Yellow-Tie or third parties, and no right or license is granted to use them. 6. Third Party Interactions During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Yellow-Tie and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Yellow-Tie does not endorse any sites on the Internet that are linked through the Service. Yellow-Tie provides these links to you only as a matter of convenience, and in no event shall Yellow-Tie or its licensors be responsible for any content, products, or other materials on or available from such sites. Yellow-Tie provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services. 7. Charges and Payment of Fees You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually, consistent with the Initial Term, or as otherwise mutually agreed upon. You are responsible for paying for all membership fees for the entire membership term, whether or not such membership is actively used. You must provide Yellow-Tie with valid credit card or approved purchase order information as a condition to signing up for the Service. Yellow-Tie reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party. 8. Excess Data Storage Fees There are no data-storage fees in effect at this time, but Yellow-Tie reserves the right to establish or modify its general practices and limits relating to storage of Membership Data on the Yellow-Tie websites. 9. Billing and Renewal Yellow-Tie charges and collects in advance for use of the Service. Yellow-Tie will automatically renew and bill your credit card or issue an invoice to you (a) each year on the subsequent anniversary for annual licenses, or (b) as otherwise mutually agreed upon. The renewal charge will be equal to the license fee in effect during the prior term, unless Yellow-Tie has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Yellow-Tie's 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 based solely on Yellow-Tie's income. You agree to provide Yellow-Tie with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and Membership Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Yellow-Tie reserves the right to terminate your access to the Service in addition to any other legal remedies. As part of its membership purchasing process, Yellow-Tie may provide a currency conversion calculator to aid in the determination of approximate membership fees. However, unless Yellow-Tie in its discretion determines otherwise, all entities will be billed in U.S. dollars based on preset membership fees, using currency conversion rates applicable at the moment of the actual purchase transaction, and subject to U.S. payment terms and pricing. If you believe your bill is incorrect, you must contact Yellow-Tie in writing within 60 days of the membership activiation date containing the amount in question to be eligible to receive an adjustment or credit. All Services related to a Membership purchase will be provided by a Missouri, United States of America, business entity and delivered through the internet. 10. Non-Payment and Suspension In addition to any other rights granted to Yellow-Tie herein, Yellow-Tie reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Yellow-Tie reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Yellow-Tie has no obligation to retain Membership Data and that such Membership Data may be irretrievably deleted if your account is previously suspended. 11. Termination upon Expiration This Agreement commences on the Effective Date. The Initial Term is one year, commencing on the date you agree to pay for the Service by completing the online subscription form or otherwise. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at Yellow-Tie's then current fees. Either party may terminate this Agreement by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), Yellow-Tie will make available to you a file of the Membership Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Yellow-Tie has no obligation to retain the Membership Data, and may delete such Membership Data, after termination. 12. Termination for Cause Any breach of your payment obligations or unauthorized use of the Yellow-Tie Technology or Service will be deemed a material breach of this Agreement. Yellow-Tie, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that Yellow-Tie has no obligation to retain the Membership Data, and may delete such Membership Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. 13. Representations & Warranties Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Yellow-Tie represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Yellow-Tie help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct. 14. Mutual Indemnification You shall indemnify and hold Yellow-Tie, its licensors and providers and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Membership Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Yellow-Tie (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Yellow-Tie of all liability and such settlement does not affect Yellow-Tie's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. Yellow-Tie shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Yellow-Tie of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Yellow-Tie; provided that you (a) promptly give written notice of the claim to Yellow-Tie; (b) give Yellow-Tie sole control of the defense and settlement of the claim (provided that Yellow-Tie may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Yellow-Tie all available information and assistance; and (d) have not compromised or settled such claim. Yellow-Tie shall have no indemnification obligation, and you shall indemnify Yellow-Tie pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s). 15. Disclaimer of Warranties YELLOW-TIE AND ITS PROVIDERS AND LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. YELLOW-TIE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY YELLOW-TIE AND ITS LICENSORS. 16. Internet Delays YELLOW-TIE'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YELLOW-TIE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 17. Limitation of Liability IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 18. Additional Rights Certain countries, states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. 19. Local Laws and Export Control This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By purchasing a Membership and using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 Yellow-Tie and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes. 20. Notice Yellow-Tie may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Yellow-Tie's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Yellow-Tie's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Yellow-Tie (such notice shall be deemed given when received by Yellow-Tie) at any time by any of the following: letter sent by confirmed facsimile to Yellow-Tie at: (314) 416-1440; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Yellow-Tie at: Yellow-Tie, LLC, 4866 Theiss Rd., St. Louis, MO 63128, UNITED STATES OF AMERICA. 21. Modification to Terms Yellow-Tie reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. 22. Assignment; Change in Control This Agreement may not be assigned by you without the prior written approval of Yellow-Tie but may be assigned without your consent by Yellow-Tie to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Yellow-Tie directly or indirectly owning or controlling 50% or more of you shall entitle Yellow-Tie to terminate this Agreement for cause immediately upon written notice. 23. General This Agreement shall be governed by Missouri law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in St. Louis, Missouri. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Yellow-Tie as a result of this agreement or use of the Service. The failure of Yellow-Tie to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yellow-Tie in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Yellow-Tie and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 24. Definitions As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the Yellow-Tie.Com and Yellow-Tie.net websites specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Yellow-Tie from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Membership Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service; "Initial Term" means the one-year period during which you are obligated to pay for the Service; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "Yellow-Tie" means collectively Yellow-Tie, LLC, a Missouri Limited Liability Company, having its principal place of business at 4866 Theiss Rd., St. Louis, MO 63128; "Yellow-Tie Technology" means all of Yellow-Tie's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Yellow-Tie in providing the Service; "Service(s)" means the specific edition of Yellow-Tie's online marketing plan identified during the ordering process, developed, operated, and maintained by Yellow-Tie, accessible via http://www.yellow-tie.com or another designated web site or IP address, or ancillary services rendered to you by Yellow-Tie, to which you are being granted access under this Agreement, including the Yellow-Tie Technology and the Content; "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Yellow-Tie at your request).
	Please fill in all the required fields before submitting. By clicking on the I Accept button you are stating that you have read and agreed to the terms of the Yellow-Tie International Membership Agreement above.

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