Welcome to the HitCast, Inc. Internet Site ("Site") on the World Wide Web. Please review these Site
Terms of Use, which govern your use of our Site. By accessing, browsing, or using this Site, you
acknowledge that you have read, understand these Terms of Use and you agree to be
unconditionally bound by these Terms of Use. If you do not agree to these Terms of Use, then you
may not use this Site.
HitCast, Inc. controls and operates this Site from its offices within the United States. Claims relating
to, including the use of, this Site and the materials contained herein are governed by the laws of the
United States and the State of California. If you choose to access this Site from another location,
you do so on your own initiative and are responsible for compliance with applicable local laws.

Site Contents, Ownership, And Use Restrictions

Unless otherwise indicated, the information contained in this Site including all images, illustrations,
designs, photographs, video clips, text, icons, designs and written and other materials that appear
on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled,
or licensed (all of which, collectively, are herein referred to as the "Contents") by HitCast, Inc. or its
affiliates or are the property of their respective owners and are protected by U.S. and international
copyright laws and conventions. The name HitCast, Inc. and the HitCast, Inc. logo are registered
marks of HitCast, Inc. The collection and compilation of the contents of the Site are separately
protected and copyrighted works that are owned exclusively by HitCast, Inc. No trademark or
service mark license is granted in connection with any of the Contents on the Site.
Accessing the Site does not authorize users to use any name, logo, trademark or service mark in
any manner. Permission is granted to display, download, and print in hard copy format other
Contents of this Site solely for the purposes of using this Site as an internal or personal business
resource, and none of the Contents may be copied, reproduced, distributed, republished,
downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner
mirrored, photocopied, or reproduced without the prior written permission of HitCast, Inc. or the
applicable owner.
Please note that the permission granted herein terminates automatically if you breach any of these
Site Terms of Use. Any other use of the Contents on this Site including reproduction for purposes
other than as noted above, and including any reproduction, modification, distribution, or
republication may violate copyright or trademark laws, and, without the prior written permission of
HitCast, Inc., is strictly prohibited. HitCast, Inc. and its affiliates and licensors expressly reserve all
intellectual property rights, which are not expressly granted in these Terms of Use.

Links to Other Web Sites

Links to other Web sites from the Site are provided solely for your convenience. HitCast, Inc. is not
responsible for the content of any other sites, nor does HitCast, Inc. make any representations
about the content or accuracy of material on any other sites. If you click through to a third party’s
Web site, you do so at your own risk.

Site Security

Users or our Site are strictly prohibited from violating or trying to violate the security features of the
Site, such as by (1) accessing data not intended for that user or logging onto a server or an account
which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures unless we expressly authorize
that user to do so in writing; (3) attempting to interfere with service to any user, host or network,
such as by means of submitting a virus to the Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising
of products or services; or (5) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate
occurrences that may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations. By using the Site, you hereby
agree not to use any device, software or routine to interfere or try to interfere with the proper
working of this Site or any activity being conducted on this Site. You further agree not to use or try
to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders,
robots, avatars or intelligent agents) to navigate or search the Site other than the search engine
and search agents which we make available on this Site and other than generally available third
party web browsers like Netscape Navigator or Microsoft Explorer.

Disclaimer of Warranty

HITCAST, INC. IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE
SITE OR ITS OPERATION OR CONTENT. ALTHOUGH HITCAST, INC. BELIEVES THE CONTENT TO BE
ACCURATE, COMPLETE, AND CURRENT, HITCAST, INC. DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.

Limitation of Liability

IN NO EVENT SHALL HITCAST, INC. OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR
SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL,
BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE
FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY,
NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.

Information Submissions Provided By You

You agree that any material, information, and ideas that you transmit to this Site or otherwise
provide to HitCast, Inc. ("Transmissions") shall be and remain HitCast, Inc.'s property and you
hereby assign all of your rights in such Transmissions, including any copyrights, to HitCast, Inc. in
perpetuity throughout the world for any and all present or future uses in any and all languages, for
no compensation.
All Transmissions will be treated as non-confidential and non-proprietary and HitCast, Inc. shall be
under no obligation of any kind with respect to such information and shall be free to reproduce,
make derivative works from, use, disclose, and distribute the Transmissions to others without
limitation. Additionally, HitCast, Inc. shall be free to use any ideas, concepts, know-how, or
techniques contained in such information for any purpose whatsoever including, but not limited to,
developing, manufacturing, or marketing products incorporating such information.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory,
pornographic, or profane material or any other material that could give rise to any civil or criminal
liability under law. You are solely responsible for the content of any comments you make.

Terms of Use Revisions

HitCast, Inc. reserves the right to revise these Terms of Use by updating this posting without prior
notice. You agree that in the event any portion of these Terms of Use are found to be
unenforceable, the remainder of these Terms of Use shall remain in full force and effect and the
otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent
permitted by law. By using this Site you agree to be bound by any such revisions and should
therefore periodically visit this page to determine the then current Terms of Use by which you are
bound.

Information Collection

HitCast, Inc. does not collect personal information from the users of the Site. However, emailed
requests and inquiries are passed to the appropriate HitCast, Inc. personnel, who may retain
records in the ordinary course of business.
We are committed to children’s privacy and do not intentionally collect any information from
children under the age of 13. If you are younger than 13, please ask a parent or guardian for help
in accessing and using the Site.

Cookies

“Cookies” are routinely used by entities engaged in E- commerce, including HitCast, Inc.. A cookie is
a piece of data stored on a user's hard drive through the Web browser program containing
information about the user which enables us to track and personalize the Site to enhance your
online experience. You can avoid cookies by configuring your browser to reject them or at least
notify you when a cookie is being placed on your hard drive.

Log Files

Like most other online entities, HitCast, Inc. collects technical information from a user’s computer
when that user requests a Web page while visiting the Site. The information tells HitCast, Inc. the
user’s Internet Protocol address, type of browser, the address of any linking Web site, and other
technical information. HitCast, Inc. occasionally uses a third party to collect and analyze this
information. However, we do not sell or rent the information to any third party.

Links to External Websites

Please be aware that, when you click on links that take you to external Websites, you will be subject
to their privacy policies and practices and not ours. We strongly encourage you to read their privacy
policies and practices to determine if they differ from those utilized on our Site.

Consent

By using our Site, you agree to the Terms of Use and conditions set forth in this Privacy and
Security Statement INCLUDING ALL LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY
PROVISIONS which are an integral part of these statements. We reserve the right to revise this
Privacy and Security Statement or the Terms of Use at any time by updating these postings without
prior notice. By using this Site you agree to be bound by any such revisions in effect at the time of
use and should therefore periodically visit this page and the Terms of Use page to determine the
then current policies applicable to users of the Site.