The following Terms of Use form a legally binding contract between you ('Buyer'), and Tangence, Inc. ('TANGENCE'), a corporation. The current version of this contract was posted on 1/01/2006. This contract supersedes all prior versions.

TANGENCE is the owner and operator of a lead generation service, Extensior, and its related systems ('system'). TANGENCE authorizes access to its system subject to the following terms and conditions of use ('terms'). This agreement is void where prohibited.

In consideration for the mutual promises contained herein, Buyer and TANGENCE accept and agree to the following terms:

Section 1 – Use

Buyer will use this information in compliance with any and all applicable Federal and State laws, rules, and regulations, including but not limited to those concerning fax broadcasts, e-mail transmissions, and direct marketing. Any person violating such laws may be subject to civil and criminal penalties. Buyer will abide by the current business practices respecting the privacy of consumers and will not imply to an individual that any specific information is known about that individual.

Buyer shall abide by the terms of the Security Policy. Except with written consent, the Buyer shall not:

You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following:

• Any purpose, activity or in any manner that is criminal, illegal or actionable.
  
  
• In violation of any local, state, national or international laws, regulations or conventions.
  
  
• Illegally 'spam' anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming.
  
  
• For unethical marketing activities.
  
  
• To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone.
  
  
• To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.
  
  
• Use or permit the use of the information for generating any statistical information which is sold, rented, published, furnished or in any manner provided to a third party.
  
  
• Use or permit the use of the information to prepare any comparison to other information data bases, which is sold, rented, published, furnished or in any manner provided to a third party.
  
  
• Use or permit the use of the information in connection with individual credit, employment or insurance applications.
  
  
• Re-rent the information or otherwise permit any use of the information by or for the benefit of any party other than Buyer.
  
  
• Publish, distribute or permit disclosure of the information, other than to employees and agents of the Buyer for internal use in the Buyer's business.
  
  
• Use or permit use of the information for the purpose of compiling, enhancing, verifying, supplementing adding to, or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising, or other compilation of information which is sold, rented, published, furnished or in any manner provided to a third party.
  
  

We do not warrant the comprehensiveness, completeness, or accuracy of its databases or the lists. The databases and lists are provided to customer "as is" without guarantee, and we make no express or implied warranties, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. We shall not be liable for any consequential, incidental, special damages, lost profits or any damages of a similar nature even if we have been advised of the possibility of such damages.

Section 2 – Legal Notices

2.1 Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TANGENCE SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT TANGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

2.2 Indemnification
You agree to indemnify, defend, and hold TANGENCE harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system.

2.3 Legal Inquiries and Requests
In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize TANGENCE to disclose information about you without a subpoena.
TANGENCE, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. TANGENCE may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of TANGENCE. TANGENCE reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.

2.4 Choice of Law, Jurisdiction, Forum and Remedies
This contract shall be governed by Delaware law, regardless of the choice of law rules of any jurisdiction.

2.5 Changes to this Agreement
TANGENCE may change this contract at any time. Changes to this contract will be prominently posted to the system. Changes shall take effect, unless otherwise indicated, on the date of your first payment more than thirty (30) after posting. If you do not agree with any changes, you have the option of immediately canceling your subscription.

Section 3 – Miscellaneous Terms

3.1 Third Party Links
Our system may contain links to other sites. TANGENCE does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.

3.2 No Third Party Beneficiary
This contract is only for the benefit of you and TANGENCE. No third party has any right, claim or interest under this contract as a third party beneficiary.

3.3 Assignment
You may not assign or transfer your rights or obligations under this contract.

3.4 Waiver
Delay or failure to enforce any terms of this contract is not a waiver of such terms.

3.5 Entire Contract
This is the entire agreement between you and TANGENCE. it supersedes all related communications and prevails over any other provisions relating to its subject matter.

3.6 Severability of Terms
If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.

3.7 Headings
Headings are used for convenience and are not to be used for meaning or intent.

3.8 Correspondence and Notices
All notices required by this agreement may be sent by email to support@extensior.com or by registered mail to:

Tangence, Inc.
801 Mahler Avenue, Suite 104
Burlingame, California 94010.
Notices are effective upon receipt.

I HAVE READ THIS CONTRACT. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I CONSENT AND AGREE TO BE HELD TO THESE TERMS.