TERMS OF USE FOR THE SELECTIONWARE ^TM WEB SITE

(COMMERCIAL USERS WITH AUTHORIZED PASSWORDS)

Welcome! Custom Partnership Network, Inc. (“CPN”) is proud to bring you the SelectionWare.com web site. By clicking on “Accept” or by visiting or using the SelectionWare.com web site (a) you agree to the following Terms of Use for the SelectionWare.com web site governing use of the SelectionWare.com web site by commercial users with authorized passwords free-of-charge (“Terms of Use”) on behalf of yourself and, if you use the site to benefit any business entity that you own, are employed by, or for which you are acting as agent (“Your Business Entity”), on behalf of Your Business Entity; (b) you acknowledge that these Terms of Use constitute a binding contract between you and CPN and, if applicable, between Your Business Entity and CPN; and (c) YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE TERMS OF USE ON BEHALF OF YOURSELF AND YOUR BUSINESS ENTITY. As used in these Terms of Use, “you” means you individually and, if applicable, “Your Business Entity.”

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT CLICK ON “ACCEPT” OR VISIT OR USE THE SELECTIONWARE.COM WEB SITE.

Introduction

CPN reserves the right to modify these Terms of Use at any time in its sole discretion and without notice of any kind. You are responsible for reviewing these Terms of Use from time to time so that you will be apprised of any changes.

General Limitations on Use

The SelectionWare.com web site is offered for non-commercial use except as otherwise provided in these Terms of Use or agreed in writing by CPN. You agree not to use the SelectionWare.com web site, in whole or in part, for any unauthorized commercial purpose, for any unlawful purpose, or in any way prohibited by these Terms of Use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the SelectionWare.com web site. You will not use the SelectionWare.com web site in any manner that could damage, disable, overburden, or impair the SelectionWare.com web site or interfere with any other party's use and enjoyment of the SelectionWare.com web site.

You agree that you will not impersonate, or misrepresent your affiliation with, any person or entity and that you will promptly provide true, accurate and complete user information to CPN if requested. You agree that you will not access or attempt to access password protected, secure or non-public areas of the SelectionWare.com web site, except for those areas for which you are authorized access by issuance of a password by CPN or its authorized designee. You are responsible for use of the SelectionWare.com web site by persons or entities that you have intentionally or negligently allowed to access your password and you will ensure that all such persons or entities abide by these Terms of Use. If you attempt to access prohibited areas of the SelectionWare.com web site, you may be subject to prosecution. You agree not to create links from any web site or web page to any page within the SelectionWare.com web site without the prior express written permission of CPN, which permission may be granted or denied in CPN’s sole discretion and, if granted, may be subject to certain additional terms and conditions. Please contact Info@SelectionWare.com, 7425 E. 86th Street, Indianapolis, IN 46256 to request permission to link to the SelectionWare.com web site.

CPN may terminate your access to and use of the SelectionWare.com web site, or any part thereof, with or without notice in its sole discretion and at any time. If CPN determines or suspects that you are using or attempting to use the SelectionWare.com web site for any inappropriate, illegal, non-personal, or unauthorized commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, CPN may initiate appropriate legal actions without prior notice to you, including but not limited to actions seeking lost revenue, repairs, legal fees, costs and expenses, injunctions or other equitable remedies.

CPN Content

The SelectionWare.com web site contains information and materials originated by CPN (the “CPN Content"). CPN presents and makes the CPN Content available as a public service. CPN does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of the CPN Content. You are responsible for confirming the sufficiency and reliability of any CPN Content you may use or rely upon.

Third Party Content

For your convenience, the SelectionWare.com web site contains information and materials from third parties and links to third party web sites ("Third Party Content"). Third Party Content is not under the control of CPN and CPN is not responsible for Third Party Content or any changes or updates to Third Party Content. CPN provides Third Party Content to you only as a convenience and the inclusion of Third Party Content does not imply endorsement by CPN of the Third Party Content or of the third party. You may be subject to additional or different terms, conditions, and privacy policies when you use Third Party Content.

CPN Services

The SelectionWare.com web site includes a service whereby you can communicate with home buyers, home builders and other service professionals regarding scheduling, selection of materials and other information (“CPN Services”). You acknowledge that CPN is acting as a passive conduit for the transmission of such communications and you hereby grant CPN permission to disclose any or all of the information that you provide to CPN to any person or entity. CPN is under no obligation to monitor, pre-screen, or otherwise censor communications between you and home buyers, home builders, or other service professionals.

Professional Listings

The SelectionWare.com web site includes listings of service professionals such as home builders and contractors. If you are a service professional working in the area of home building, CPN may, in its sole discretion, allow you to post a profile about your business on the SelectionWare.com web site (“Your Profile”). CPN does not endorse or recommend the services of any particular service professional. Business profiles are provided as a public service and CPN does not guarantee that Your Profile will be viewed by prospective clients or that you will receive any business as a result of Your Profile. CPN is under no obligation to review or verify the information or representations in Your Profile or in the profiles of other service professionals. If you use or rely upon postings by other service professionals to locate or engage other service professionals or for any other purpose, you are responsible for confirming the sufficiency and reliability of their postings. You agree that Your Profile will accurately reflect you and your business and that you will not post Your Profile unless you intend, in good faith, to contract for the services described in Your Profile.

You agree that you will not use the SelectionWare.com web site to: (a) post or transmit any content not related to appropriate subject matters; (b) post or transmit any content which is misleading to others, including consumers; (c) post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (d) post or transmit any content that you do not have a right to post and transmit under any law or under contractual relationships; (e) post or transmit any content if doing so infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) post or transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

By posting Your Profile to the SelectionWare.com web site, you grant CPN a non-exclusive license to host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display Your Profile on and through web sites controlled by CPN (including but not limited to the SelectionWare.com web site) and in CPN’s advertising and promotional materials, and to sublicense Your Profile to third parties.

You acknowledge that CPN and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you (including without limitation Your Profile) or any other party to the SelectionWare.com web site. CPN reserves the right to disclose any information about you, Your Profile, or any other content your post to the SelectionWare.com web site to satisfy any applicable law, regulation, legal process or governmental request.

The SelectionWare.com web site includes an area where a potential client can request that you or other service professionals contact them. You acknowledge that CPN is acting as a passive conduit for the transmission to you of information provided by such potential clients and you hereby grant CPN permission to disclose any or all of the information that you provide to CPN to such potential clients and you expressly consent to being contacted by such potential clients via phone, fax, e-mail, or mail at any of your contact numbers or addresses even if you are listed on any federal, state, provincial or other "Do Not Call" list. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a client. Your rights under contracts you enter into with clients are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any client, you must address such dispute with the client directly. YOU HEREBY AGREE TO RELEASE CPN AND ITS LICENSORS AND SUPPLIERS FROM ANY DAMAGES OR CLAIMS (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED OR UNSUSPECTED, KNOWN OR UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CLIENTS.

Evaluations

The SelectionWare.com web site includes an area where, among other things, users can evaluate you and other service professionals through a rating system and can exchange comments ("Public Content"). CPN is under no obligation to monitor, pre-screen, or otherwise censor Public Content. CPN does not guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of Public Content with respect to you, your business or any other service professional. If you use or rely upon Public Content to find other service professionals or for any other purpose, you are responsible for confirming the sufficiency and reliability of the Public Content. CPN makes evaluations and comments regarding service professionals available solely for the convenience of home buyers and other consumers and you agree that you will not post evaluations, ratingS or comments regarding yourself, YOUR business or any other service professional. If you suspect that any of the Public Content infringes the copyright of any person or entity, please notify CPN by contacting: Info@SelectionWare.com, 7425 E. 86th Street, Indianapolis, IN 46256.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE SELECTIONWARE.COM WEB SITE ARE PROVIDED FOR YOUR CONVENIENCE ONLY. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, MATERIALS AND SERVICES ON THE SELECTIONWARE.COM WEB SITE (INCLUDING WITHOUT LIMITATION CPN CONTENT, THIRD PARTY CONTENT, PUBLIC CONTENT AND CPN SERVICES) IS AT YOUR SOLE RISK. SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CPN MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION, MATERIALS OR SERVICES. CPN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Without limiting foregoing, CPN specifically disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, materials or services on the SelectionWare.com web site; (b) any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any communications, information or materials; and (c) any responsibility for any harm resulting from downloading or accessing any communication, information or materials on the SelectionWare.com web site or on the Internet through the SelectionWare.com web site.

Limitation of Liability

IN NO EVENT SHALL CPN, ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF DATA OR FOR LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION, MATERIALS OR SERVICES PROVIDED ON THE SELECTIONWARE.COM WEB SITE OR ACCESSED THROUGH THE SELECTIONWARE.COM WEB SITE, THE USE OR PERFORMANCE OF THE SELECTIONWARE.COM WEB SITE, OR THE DELAY OR INABILITY TO USE THE SELECTIONWARE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CPN OR ANY OF ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, EXPENSE OR DAMAGE AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SELECTIONWARE.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SELECTIONWARE.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SELECTIONWARE.COM WEB SITE. Without limiting the foregoing, under no circumstances shall CPN or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

By posting or transmitting content to the SelectionWare.com web site (including without limitation Your Profile), you warrant and represent that you own or otherwise control all of the rights to such content including without limitation all the rights necessary for you to post or transmit such content.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CPN AND ITS LICENSORS AND SUPPLIERS, AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES INCURRED TO DEFEND SUCH CLAIMS OR DEMANDS) (A) DUE TO OR ARISING OUT OF ANY INFORMATION OR MATERIALS SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU (INCLUDING WITHOUT LIMITATION YOUR PROFILE) TO THE SELECTIONWARE.COM WEB SITE, CPN OR ITS LICENSORS OR SUPPLIERS OR (B) DUE TO OR ARISING FROM YOUR USE OF THE SELECTIONWARE.COM WEB SITE OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of the State of Indiana, U.S.A., without giving effect to its conflict of laws provisions or your actual state or country of residence. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts of Marion County, Indiana in all disputes arising out of or relating to the use of the SelectionWare.com web site or these Terms of Use. Use of the SelectionWare.com web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SelectionWare.com web site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPN as a result of these Terms of Use or your use of the SelectionWare.com web site. CPN’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of CPN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SelectionWare.com web site or information provided to or gathered by CPN with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and CPN with respect to the SelectionWare.com web site and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CPN or its licensors or suppliers with respect to the SelectionWare.com web site and supersede the Terms of Use of the SelectionWare.com web site for consumers without authorized passwords. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use. These Terms of Use will inure to the benefit of CPN’s successors, assigns and licensees. The failure of CPN to exercise or enforce any right or provision of these Terms or Use does not constitute a waiver of such right or provision. Headings are included for convenience only and have no legal or contractual effect.

All information, materials and services provided on the SelectionWare.com web site and the organization and layout of the SelectionWare.com web site are owned and copyrighted or licensed by CPN or its licensors or suppliers. No reproduction, distribution, or transmission of copyrighted materials on the SelectionWare.com web site is permitted without the written permission of CPN. Any rights not expressly granted herein are reserved.

SelectionWare , the SelectionWare logo, Custom Partnership Network and the Custom Partnership Network logo are trademarks of Custom Partnership Network, Inc. Other trademarks referenced on the SelectionWare.com web site are owned by their respective third party owners.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Info@SelectionWare.com, 7425 E. 86th Street, Indianapolis, IN 46256.