REGISTRATION DATA

In order to use the Swellhead Service, you agree to: (a) provide to us, either directly or through the Facebook login system, true, accurate, current and complete information about yourself as prompted by the Swellhead and login process and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By using this service, you represent and warrant that (a) you are 14 years of age or older; and (b) your use of the Swellhead does not violate any applicable law or regulation.

USER ACCOUNT

You will create an account during the Swellhead registration process. You are responsible for maintaining your account, and you are solely responsible for all activities that occur under your account. You agree to (a) immediately notify Swellhead of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Swellhead will not be liable for any loss or damage arising from your failure to comply with the provisions of this paragraph. You agree not to use the account of another Member at any time.

NON-COMMERCIAL USE

The Swellhead Service is provided for your personal and academic use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in advance by Swellhead. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Use of the Swellhead Service, or of any data or information accessed or provided through the Swellhead Service, for any commercial purpose, or by any commercial entity, is expressly prohibited.

You agree not to use or launch any automated system or scripts, including without limitation, "robots," "spiders," "offline readers," etc., to accesses the Swellhead Service or to "scrape," "harvest," or otherwise retrieve, any data, documents, content or other information from the Swellhead Service. You further agree not to collect or harvest any personally identifiable information, including account names or email addresses of Members, from the Swellhead Service, nor to use the communication systems provided by the Swellhead Service for any commercial solicitation purposes. You agree not to solicit any users of the Swellhead Service with respect to their Member profiles or Content. Notwithstanding the foregoing, Swellhead 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. Swellhead reserves the right to revoke rights granted herein either generally or in specific cases.

Appropriate legal action will be taken for any illegal or unauthorized use of the Swellhead Service (including illegal or unauthorized use of any data or information accessed or provided through the Swellhead Service).

FEES

You acknowledge that Swellhead reserves the right to charge for the Swellhead Service and to change its fees from time to time in its discretion. If Swellhead terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Member Conduct

You agree that you may not use the Swellhead Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Swellhead Service. In addition, you agree not to use the Swellhead Service to:

· upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

· impersonate any person or entity, including but not limited to, a Swellhead official, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

· upload, post, email, transmit or otherwise make available any material that contains 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;

· intimidate, stalk or harass another;

· harm minors in any way;

· use or attempt to use another's account, service or system without authorization from the Company;

· forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Swellhead Service; or

· upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

MEMBER CONTENT POSTED ON THE SWELLHEAD SERVICE

You are solely responsible for the media, files, electronic documents, photos, profiles, questions, answers, comments, ratings, reviews, descriptions and other content that you create, publish or display (hereinafter, "post") on or through the Swellhead Service, or transmit to other Members (collectively the "Content"). Swellhead does not endorse and has no control over the Content. Content is not necessarily reviewed by Swellhead prior to posting and does not necessarily reflect the opinions or policies of Swellhead.

Swellhead reserves the right to reject, refuse to post, or remove any Content at any time, without prior notice, in its sole discretion, and for any purpose, including but not limited to, for violations of these Terms of Use. Swellhead assumes no responsibility for monitoring the Swellhead Service for inappropriate Content or conduct. If at any time Swellhead chooses, in its sole discretion, to monitor the Swellhead Service, Swellhead nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

By posting Content to any part of the Swellhead Service, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license to use, modify, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand that, under the foregoing license grant, Swellhead and its sub-licensees may make commercial use of your Content in whatever manner it or they deem appropriate, and you shall not be entitled to receive any fee, royalty, payment, compensation or remuneration of any kind in connection with such commercial use by Swellhead and/or its sub-licensees.

By posting Content to any part of the Swellhead Service, you represent and warrant that: (i) you own the Content posted by you on or through the Swellhead Service or otherwise have the right to grant the license set forth in the preceding paragraph, and (ii) the posting of your Content on or through the Swellhead Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or contain libelous, defamatory or otherwise unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Swellhead Service.

You understand that by using the Swellhead Service, you may be exposed to Content that is 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 Swellhead with respect thereto, and agree to indemnify and hold Swellhead, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Swellhead Service.

Under no circumstances will Swellhead be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Swellhead Service. Swellhead makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You acknowledge and agree that Swellhead may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Swellhead, its Users and/or the public. You understand that the technical processing and transmission of the Swellhead Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

MEMBER DISPUTES

You are solely responsible for your interactions with other Swellhead Members. We reserve the right, but have no obligation, to monitor interaction and disputes between you and other Members.

Disclaimers

The Swellhead Service may be temporarily unavailable from time to time for maintenance or other reasons. Swellhead.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Swellhead Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Swellhead Service, any Content posted on or through the Swellhead Service or transmitted to Members, or any interactions between users, whether online or offline.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE Swellhead SERVICES IS AT YOUR SOLE RISK. THE Swellhead SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. Swellhead EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Swellhead MAKES NO WARRANTY THAT (i) THE Swellhead SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Swellhead SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Swellhead SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Swellhead SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Swellhead SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Swellhead SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Swellhead OR THROUGH OR FROM THE Swellhead SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Swellhead SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Swellhead IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Swellhead SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Swellhead SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Swellhead SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE Swellhead SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO Swellhead FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) TEN DOLLARS ($10).

Indemnity

You agree to indemnify and hold Swellhead, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Swellhead Service in violation of this Agreement or your violation of any law or the rights of a third party.

Governing Law and Venue

By visiting or using the Swellhead Service, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Swellhead or any of its affiliates.

Any controversy, claim or dispute relating in any way to the Swellhead Service (including your visit to or use of the Swellhead Service) shall be submitted to confidential arbitration in Virginia, except that, to the extent you have in any manner violated or threaten to violate Swellhead' or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conventions with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Virginia.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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 under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Swellhead Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please see our Privacy Policy to understand more about using Swellhead Service outside the United States.

Term and Termination

Swellhead, in its sole discretion and without prior notice, may terminate your account (or any part thereof) or use of the Swellhead Service, and remove and discard any of your information, data and files in your account within the Swellhead Service, for any reason, including, without limitation, for lack of use, or if Swellhead believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Swellhead may also in its sole discretion and at any time modify or discontinue providing the Swellhead Service, or any part thereof, with or without notice. You agree that Swellhead shall not be liable to you or any third-party for any termination of your access to the Swellhead Service.

Even after Membership is terminated, this Agreement and our Privacy Policy will remain in effect. Further, Swellhead may continue to store and use any data or information about you previously provided or collected by Swellhead, in accordance with the terms of the Privacy Policy.

Other

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Swellhead regarding the use of the Swellhead Service. The failure of Swellhead to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect