Date of Last Revision: December 14, 2006

1. Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND SET FORTH VARIOUS LIMITATIONS AND EXCLUSIONS THERETO, INCLUDING WITHOUT LIMITATION A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Welcome to Whistleme, a utility that connects bands with their fans. The Whistleme service and network (collectively, "Whistleme" or "the Service") are operated by Sixteen30 LLC. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.whistleme.net, www.whisleme.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered with Whistleme. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Company provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the "Service"). You acknowledge and agree that the Service is for your personal. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others" attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s).

Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category (e.g., by delivering a ringtone or a wallpaper - SMS) or by enabling you to download the product (e.g., by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on Company website) or by providing access to the mobile entertainment content (e.g., by enabling MSISDN for this product).

2. Whistleme Website

These Terms of Service apply to all users of the Whistleme Website, including users who are contributors of content, information, and other materials or services on the Website. The Whistleme Website may contain links to third party websites that are not owned or controlled by Whistleme. Whistleme has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Whistleme will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Whistleme from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Whistleme Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. Whistleme hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, use; (ii) you will not copy or distribute any part of the Website in any medium without Whistleme's prior written authorization; (iii) you will not alter or modify any part of the Website ; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Whistleme immediately of any breach of security or unauthorized use of your account. Although Whistleme will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Whistleme or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Whistleme servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Whistleme grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Whistleme reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4. Intellectual Property Rights

The content on the Whistleme Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Whistleme, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Whistleme reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Whistleme Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Whistleme Website or the Content therein.

5. PRICING/DELIVERY

Usage: This Service requires you to open an account. You must complete the registration process by providing Whistleme with current, complete and accurate information as prompted by the applicable registration form. You then will be assigned a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Whistleme immediately of any unauthorized use of your account or any other breach of security. Whistleme will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Whistleme or another party due to someone else using your account or password. The membership is not transferable, such that you may not authorize other persons to use your account. Any distribution by you of your account name and password my result in cancellation of your membership without refund and in additional charges based upon unauthorized use.

Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made directly to your cellular phone. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages (Please note that not all mobile phones allow the storage of new ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network, a full list of which is available on the order form. Provided that the cellular phone and cellular phone provider’s network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. We will attempt to deliver the ordered Products a total of three times to the same cellular phone. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered, Whistleme will refund the payment, provided that the Product’s non-delivery to the cellular phone is not the result of the Purchaser’s error. If the Purchaser’s error caused the non-delivery, payment will not be refunded.

In consideration of your payment and your acceptance of this Agreement, Whistleme grants you a non-exclusive, non-transferable, single-user right to download and use the Content on a single hand-held computer or mobile device. This license extends to you and your hand-held computer or mobile device.

Content

We will try to make sure the Content reaches You, but sometimes this may be affected by factors We cannot control, for example, interruptions to Our services due to faults in networks or third party suppliers and We will not be liable for any delay caused by them.

In addition We will not be liable to You in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:

- You have provided an incorrect phone number or other incorrect information.
- Your mobile device does not support the Content.
- Your message mail box is full and has no additional memory to receive the Content.
- Your mobile device is out of range or for some other reason cannot be contacted.
- You accidentally erase Content provided to You.
- You supply any material or instructions which is incomplete, incorrect, inaccurate, illegible or in the wrong form.

We can assure You that
- Provided You have properly downloaded it, You have the right to Use the Content.

As You have chosen to Order Content from the Web/ wap site, You agree that You have had opportunity to check, prior to Ordering, the Content’s suitability. We accept no liability for Content which is not fit for the purpose for which it was ordered or if it is not suitable for Your purpose.

If once You have downloaded Your chosen content it seems to be defective or malfunctions please contact Us by emailing cs@whistleme.net.

We can assure You that:

SMS Order. If You order the Content using SMS You will be charged the price indicated for the content as displayed on the Web/Wap site. You will also be charged the standard cost of the SMS text message by your Network Provider, please check with your Network Provider if You are unsure of the network rates for SMS text messages. You must be 16 years of age or older to order Content through the premium rate telephone. The cost of the SMS will show up on Your telephone network operator’s bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the SMS order method You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the order irrespective of whether You choose to download the product from the wap site. You will be charged at their normal operator charge for a text message for sending this message. You will also be charged standard GRPS costs for downloading content. You must check with your Network provider if you are unsure of the cost.

If there is anything You do not understand, or if You want more information please contact Us.

Once the payment has been made in accordance with the instructions above by one of the two given methods, we will initiate the download process. Ring tones and logos, as they are a small file size, are sent direct to your handset embedded in a text message. You need to save the Content from the text following the onscreen instructions of your phone. All other items are a larger file size and cannot be sent direct to your handset embedded in a text. For these items You will be sent a text with a download link. Select this link and follow the onscreen instructions of your phone to download the content from our download location. Provided Your mobile device is compatible, Your network operator accepts the Content and is operating an uninterrupted service, we should be able to download to You in a matter of seconds but it may take longer in some cases.

By sending a text message you acknowledge that you will receive a return text message, standard and other charges may apply. To stop receiving text messages, text “STOP”, “QUIT”, “END” to 48055.

6. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

A. The Whistleme Website may now or in the future permit the submission of ringtones, full audio tracks, wallpaper, info, news, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Whistleme does not guarantee any confidentiality with respect to any submissions.

Whistleme does not claim ownership of the materials you provide to Whistleme (including feedback and suggestions) or post, upload, input or submit to this Service for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Whistleme permission to use your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. Whistleme is under no obligation to post or use any Submission you may provide and Whistleme may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

By posting messages, inputting data, or engaging in any other form of communication, you acknowledge and agree that Whistleme may store and/or disclose, as applicable, any such content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of Whistleme, its business partners, affiliates, licensors and/or licensees, any other Whistleme subscriber or member, or the general public.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Whistleme to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Whistleme, you hereby grant Whistleme a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Whistleme Website and Whistleme's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Whistleme Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Whistleme Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Whistleme Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Whistleme all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Whistleme or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Whistleme does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Whistleme expressly disclaims any and all liability in connection with User Submissions. Whistleme does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Whistleme will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Whistleme reserves the right to remove Content and User Submissions without prior notice. Whistleme will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Whistleme also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Whistleme may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

C. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) 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;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) 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

(vi) 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.

To reach Whistleme's designated Copyright Agent for notifications of claimed infringement, email copyright@whistleme.net. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Whistleme customer service through http://www.Whistleme.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

D. You understand that when using the Whistleme Website, you will be exposed to User Submissions from a variety of sources, and that Whistleme is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Whistleme with respect thereto, and agree to indemnify and hold Whistleme, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

E. Whistleme permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Whistleme provides an "Embeddable Player" feature, which you may incorporate into your own personal websites for use in accessing the materials on the Website and allowing users of your website to preview your submitted material on Whistleme so your users know what ringtones, wallpaper and other downloadable content they might be able to get on their mobile device. Whistleme reserves the right to discontinue any aspect of the Whistleme Website at any time.

7. Termination and Cancellation of Services

Whistleme is NOT a subscription service. There is no fee to sign-up for membership and post ringtones, wallpapers and other data materials available to download to a mobile device. When downloading ringtones, wallpaper or other data/images, You are charged only for that transaction by your network operator. Whistleme will not automatically opt you in for additional downloads or messages.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WHISTLEME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WHISTLEME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WHISTLEME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WHISTLEME WEBSITE. WHISTLEME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WHISTLEME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WHISTLEME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL WHISTLEME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WHISTLEME WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WHISTLEME SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Whistleme from its facilities in the United States of America. Those who access or use the Whistleme Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Whistleme, its parent corporation, 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 attorney's fees) arising from: (i) your use of and access to the Whistleme Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Whistleme Website.

11. Ability to Accept 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Whistleme Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Whistleme Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Whistleme without restriction.

13. General

You agree that: (i) the Whistleme Website shall be deemed solely based in Illinois; and (ii) the Whistleme Website shall be deemed a passive website that does not give rise to personal jurisdiction over Whistleme, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and Whistleme that arises in whole or in part from the Whistleme Website shall be decided exclusively by a court of competent jurisdiction located in Cook County, Illinois. These Terms of Service, together with the Privacy Notice at http://www.Whistleme.com/t/privacy and any other legal notices published by Whistleme on the Website, shall constitute the entire agreement between you and Whistleme concerning the Whistleme Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Whistleme's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Whistleme reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Whistleme Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WHISTLEME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WHISTLEME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Arbitration

YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). . The arbitrator shall apply Illinos law to the merits of any dispute or claim. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Cook County, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.