TERMS AND CONDITIONS OF USE

Welcome to Bluto- a division of DeKemper & Associates LLC (collectively “Bluto”). The following are the rules or "Terms" that govern use of the Bluto product to host your site(s) (collectively, "site"). By using the site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations governing the site. Bluto reserves the right to change these Terms at any time, effective immediately upon posting on the site. If you do not agree to be bound by these Terms, please do not use Bluto to host your web site.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BLUTO OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and DeKemper & Associates LLC. and applies to your use of the Bluto™ web hosting and payment service and any related products and services available through www.bluto.net (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Bluto. Each time you log into the Bluto Service, you are agreeing to abide by the terms and conditions described in this document. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Bluto user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other Bluto websites and Services will be governed by the terms and conditions posted on those websites.

For additional information about the Service and how it works, please also consult the Bluto Help Center or contact Bluto directly via telephone or email at bluto@dekemper.com

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will be posted on the "Policy Updates" page, accessible from "Policy Updates" link on the Site Console page once you have logged in. In addition, you can set your Preferences to receive email notification of all policy updates. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Bluto," "we" or "our" will refer collectively to DeKemper & Associates LLC. and its subsidiaries. Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" include American Express-, Discover-, Visa- and MasterCard-branded debit cards.

This Agreement was last modified on April 1, 2005.

Ownership: Intellectual Property
BLUTO's website(s) and the Service is the property of DeKemper & Associates LLC. ("BLUTO"), 84 Bloomfield Street Suite #10 Hoboken, NJ 07030 (USA), or one of its subsidiary or affiliated companies. BLUTO's general telephone number is (877) 552-5886, and the company may also be contacted by e-mail for questions regarding our privacy policy at bluto@dekemper.com. The Service and any content available on or through the Service, including, without limitation, any text, graphics, software, music, sound, photographs and videos, is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. This content is made available for your Bluto use only. You may not reuse, republish, or otherwise distribute the content or any modified or altered versions of it without the express written permission of BLUTO or the applicable copyright holder.

Application Fees

Bluto charges application fees according to the Bluto payment terms accepted at the time of registration. Customer may pay by month, semiannually or annually depending on the customer preference. Bluto reserves the right to change hosting fees at any time provided customer receives a minimum of 30 days written notice of such an occurrence. Written notice is satisfied by electronic transmission via email to the site owner email account listed on file at the time of a price change notice. Any changes in hosting fees are applicable pursuant to the next billing cycle (monthly, semiannually or annually) and are not charged retroactively if customer has pre-paid for annual or semiannual application fees.

Site Content

Links and Search Results: The site may automatically produce search results that reference or links to third party sites throughout the World Wide Web. Bluto has no control over these sites or the content within them. Bluto cannot guarantee, represent or warrant that the content contained in the site is accurate, legal and/or inoffensive. Bluto does not endorse the content of any third party site, nor can we warrant that they will not contain viruses or otherwise impact your computer. By using the site to search for or link to another site, you agree and understand that you may not make any claim against Bluto, for any damages or losses, whatsoever, resulting from your use of the site to obtain search results and/or to link to another site. However, if you have a problem with a link from the site, please let us know at bluto@dekemper.com and we will investigate the link and take appropriate action.

Important Disclaimers: Bluto, does not promise that the site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. Bluto does, however, offer application fee relief for customers who have experienced a significant loss of web site availability where the interruption of service is determined to be the error of Bluto, its subsidiaries or partners. Customers seeking relief must provide written request via email to bluto@dekemper.com. The amount of application fee relief or refund is at the sole discretion of Bluto. Bluto cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. Bluto disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Bluto will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive and consequential damages. Additionally, Bluto assumes no liability for content displayed on your site which may be deemed offensive, threatening ro illegal in any state, country or legal jurisdiction.

Suspension of Service
Bluto reserves the right to suspend service for sites with application fees in arrears for over 7 days; has engaged or is actively pursuing a competitor company or service to effectively replace the Bluto Service; or in the event customer violates any provision of the Privacy Policy located at www.bluto.net/privacy.asp. Bluto agrees to notify customer of its intent to suspend service. An email notification sent to the owner account email address listed on file is sufficient to warrant notification.

Termination of Site Hosting
Customer may terminate the Bluto service at any time by written request to bluto@dekemper.com
Customer is suspended from resuming Bluto application hosting for a period of 18 months after the initial cancellation and MAY NOT initiate another Bluto site for an organization, club or business whose primary purpose is similar to the site originally cancelled. Bluto reserves the right to review such claims and grant post-cancellation renewals solely at our discretion as well as determine if such site constitutes a similar business purpose for post-cancellation renewal.

Application Fee Refunds Upon Terminiation: There are no partial refunds granted for customers remitting application fees on a monthly basis. Customers who have pre-paid annual or semi-annual application hosting fees are will be refunded for prorated application fees as if service was terminated on the last day of the month upon which service was requested to be terminated.

Domain Registration Fees / License: Domain Name registrations fees are non-refundable as they represent a period of time by which the customer owns the license to use the domain name and extension. Upon termination Bluto is NOT responsible for the transfer of any domain name to another registrar, the administration of any domain name server changes necessary to transfer an existing domain name to another hosting company or the

Transfer of Data Stored on Bluto Servers: Customers terminating the Bluto application service terminate the obligation of Bluto to store their data gathered using the Bluto web application. Bluto assumes no obligation to transfer, copy, convert, transform or store any images, content, text or customer information. Customer financial information MAY NOT be copied from Bluto. Customer may request Bluto to transfer, copy, convert, transform or store any images, content, text or customer information. However, Bluto is not obligated to honor such requests.

No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

Indemnification. You agree to indemnify and hold Bluto, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

Payment Acceptance Services (if applicable)

1. Eligibility. In order to use the Service, you must register for a Personal, Administrator account. Users may only hold one Bluto Basic account and either one Administrator account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk. In order to receive credit card funded payments or use the Service to conduct business or in conjunction with a business, you must upgrade to or register for an Administrator account on a Bluto Site Plan that accepts credit cards.

2. The Legal Relationship between You and Bluto.

2.1 Agency Relationship. Bluto acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Bluto will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Bluto is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Bluto is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

You are not required to keep funds in the Bluto system (i.e., carry a balance in your Bluto agency account) in order to use the Service. Your balance is automatically remitted directly to you’re the address listed as the site owner twice each month- on the 15th and 30th or the closest business day falling before or after these dates. Check are delivered via the US Postal Service and Bluto is not responsible for delays in mail processing or remittances that have been deemd lost by the US Postal Service.

You agree that you will not receive interest or other earnings on the funds that Bluto handles as your agent.

By initiating and sending payments through the Service or adding funds to your balance, you appoint Bluto as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. Bluto will obtain the funds first by debiting your funds in the Pooled Accounts. If this is not sufficient to fund your payment fully, Bluto will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Bluto holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.

By receiving payments through the Service, you appoint Bluto as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct Bluto with respect to the transmission of your funds. If you receive a notice that a payment has been sent to you through Bluto but you have not registered for the Service, Bluto will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment. If you register for a Administrator account and intend to accept credit card payments, you will be receiving services provided by E Merchant Services, N.A. (collectively "E Merchant"), and the terms of the Administrator Account Policy will govern your rights, obligations and liabilities with respect to such credit card transactions.

2.2 Bluto is only a Payment Service Provider. Bluto acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Bluto, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Bluto cannot and does not guarantee any user's identity.

2.4 Release. In the event that you have a dispute with one or more users, you release Bluto (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a New Jersey resident, you waive New Jersey Civil Code §1542, which says: "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 not known by him must have materially affected his settlement with the debtor."

2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bluto shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

The above clause is completely separate from Bluto's Money Back Guarantee, which you may choose to purchase at the time of an eligible transaction, and which assigns to you certain privileges, as defined in the Money Back Guarantee Policy.

2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

2.7 Indemnification. You agree to indemnify and hold Bluto, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

3. Fees. All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. Additional information about Bluto's fees is available in the Fees Policy. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates.

5. Receiving Payments.

5.1 Credit Card Funded Payments. The only accounts that can receive credit card funded payments are Administrator Accounts. Bluto Basic Accounts that receive credit card funded payments may accept the payment by upgrading to an Administrator Account, or they will have to deny the payment. By accepting a credit card payment, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card funded payment made to your account, we will reverse the payment and debit your Bluto account balance to pay for the reversal. If there are insufficient funds in your Bluto balance, your reversal will be charged to the credit card on file which remits your hosting fees or you agree to reimburse Bluto through other means, as described in the Payments (Sending, Receiving, and Withdrawing) Policy.

5.2 Removal of Expired Cards. We will notify you of expired credit cards in your account and provide you the opportunity to update those cards before we remove them as a funding source in your account.

5.3 Withdrawals. In order to withdraw money from your Bluto account we require you to provide Bluto with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may withdraw from your account per month. We may limit withdrawals and require additional information from you depending upon your location (U.S. or international), credit rating, and other factors. Generally, in order to withdraw more than $500 per month, we require you to complete some authentication procedures, such as confirming: your email address, your bank account, and your social security or tax identification number. Generally, checks will only be sent to Confirmed Addresses. Importantly, if you are an Non-U.S. User please note that you may not be able to withdraw funds from your Bluto Account and should therefore only accept payments if you know you will send payments in equal amounts out of your account.

6. Your Information and Restricted Activities

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment; (e)violate Bluto's Acceptable Use or Privacy Policy; (f) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) be obscene or contain child pornography; (j) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other Bluto Basic information; or (k) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

6.3 License. Solely to enable Bluto to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Bluto will use and protect Your Information in accordance with our Privacy Policy.

6.4 Trademarks. Bluto.com, Bluto, and all related logos, products and services described in this website are either trademarks or registered trademarks of DeKemper & Associates LLC, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Bluto. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bluto and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bluto.

Notwithstanding the above, HTML logos provided by Bluto through its Affiliate Program, Website Payments features ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Bluto or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Bluto. Bluto is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

7. Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Bluto site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Bluto by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Bluto or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

8. Privacy and Security. We do not sell or rent your Bluto information to third parties for marketing purposes and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your Bluto account on a page which begins with https://www.bluto.net. All of our pages begin with https://www.bluto.net/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.bluto.net/privacy.asp. If you object to your information being transferred or used in this way, please do not use our Services.

9. Termination of Payment Services or Closing Your Account. You may close your account at any time by written request to bluto@dekemper.com. Your cancellation will be verified by telephone call to the phone number listed as the site owner. Upon closure of an account, any pending transactions will be cancelled and any balances associated with Bluto Promotions (points programs, coupons, etc.) will be forfeited. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, Bluto may continue to hold your funds for up to 180 days as appropriate to protect Bluto against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Bluto will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.

10. Remedies and Bluto's Right to Collect From You. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your Bluto account, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank account (for withdrawals). In addition, Bluto reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your Bluto account. Additionally, to secure your performance of this Agreement, you grant to Bluto a lien on and security interest in your account. In addition, you acknowledge that Bluto may setoff against any accounts you own for any obligation you owe Bluto at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Bluto may consider this Agreement as your consent to Bluto's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

11. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Bluto. Bluto reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

12. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

13. Notices.

13.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Bluto in electronic form. Electronic Communications may be posted on the pages within the Bluto website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Bluto reserves the right but assumes no obligation to provide Communications in paper format.

13.2 Credit Report. You agree that Bluto may order and review your credit report with the sole purpose of assessing your fitness to hold a Bluto account and/or your ability to use the Service or features thereof.

13.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Bluto Inc., Attn: Legal Department, 84 Bloomfield Street Suite #10 Hoboken, NJ 07030 (in the case of Bluto) or to our online message center or the email address you provide to Bluto during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Bluto during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

15. Legal Disputes. In the event a dispute arises between you and Bluto, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Bluto agree that any controversy or claim at law or equity that arises out of this Agreement or Bluto's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Bluto strongly encourages users first to contact Bluto directly to seek a resolution. Bluto will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

15.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Bluto may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Hudson County, New Jersey or where the defendant is located. You and Bluto agree to submit to the Bluto jurisdiction of the courts located within the county of Hudson, New Jersey.

15.3 Alternative Dispute Resolution. Bluto will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Hudson County, New Jersey or another location mutually agreed upon by the parties.

15.4 Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 16, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

16. General. This Agreement is governed by and interpreted under the laws of the state of New Jersey, U.S. as such laws are applied to agreements entered into and to be performed entirely within New Jersey by New Jersey residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 16 hereof, to the extent that the FAA is inconsistent with New Jersey law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bluto, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any termination or expiration of this Agreement.

17. Disclosures. The Services are offered by DeKemper & Associates LLC., located at 84 Bloomfield Street Suite #10 Hoboken, NJ 07030. If you are a New Jersey resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information. Fees for our services are described in our Terms Policy.

Disputes between you and Bluto regarding our Services may be reported to Customer Support online through the Bluto Help Center at any time, or by calling (877) 552-5886 from 8 AM to 5PM Eastern Standard Time.