Effective Date: September 1, 2008

This website, www.WalkingHotSpot.com (this "Site") is owned and operated by TapRoot Systems, Inc. ("TapRoot"). Please read the following terms ("Terms") carefully before using this Site. Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site. These Terms may change from time to time and TapRoot makes no commitment to update the information on this Site. However, you agree to be bound by any such changes when posted on this Site. In addition, please review TapRoot's Privacy Policy, which also govern your use of this Site.

While reasonable efforts have been made to ensure the information on this Site is as accurate and up-to-date as reasonably necessary for the purposes for which it is to be used, the information on this Site does not represent a commitment on the part of TapRoot. TapRoot makes no representation or warranty of any kind with respect to use of this Site or the information on this Site. Information published may contain references to products, programs or services that are not announced or available in all countries. Such references do not imply that TapRoot intends to make such products, programs or services available in any such country. The information available on this Site is provided as a convenience only.

Any use of this Site or the information on this Site, in whole or in part, is at the user's own risk. TapRoot does not warrant that the functions contained in this Site or the server that makes it available are free from viruses or other harmful components.

Restrictions on Use of Materials

You acknowledge that this Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively, "Content") that is generally provided by TapRoot, or by licensors of TapRoot. You agree and acknowledge that, notwithstanding that TapRoot permits access to the Content, the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively, "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

In addition to TapRoot's and its licensors' Rights in individual elements of the Content, TapRoot owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, copy, reproduce, upload, create derivative works from, distribute, perform, display, incorporate into another Web site, or in any other way exploit any of the Content, in whole or in part, without the prior written consent of TapRoot, except that you may download one copy of the materials on a single computer for personal, non-commercial or educational use, provided that the material is not modified and that copyright, trademark and other proprietary notices are not deleted.

Patent Notices

TapRoot's software and products may be covered by various U.S. and international patents or pending patent applications.

Unsolicited Submissions

TapRoot welcomes comments regarding its products, programs and services. However, TapRoot's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested or those in which you do not consider you have intellectual property rights. TapRoot hopes that you will understand that the intent of this policy is to avoid misunderstandings when projects developed by TapRoot's staff are similar to someone else's work. While TapRoot does value your feedback on its products, programs or services, TapRoot requests that you be specific in your comments on those products, programs or services and not submit any new or creative ideas, suggestions or materials regarding any of TapRoot's products, programs, or services. Any feedback you provide at this Site shall be deemed to be non-confidential and TapRoot shall be free to use such information on an unrestricted basis.

If, despite TapRoot's request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, "Unsolicited Information"), the Unsolicited Information shall automatically become and remain the property of TapRoot. None of the Unsolicited Information shall be subject to any obligation of confidentiality on the part of TapRoot and TapRoot shall not be liable or owe any compensation to you or anyone else for any use or disclosure of the Unsolicited Information.

No Warranties

Information provided on this Site is provided on an "as is" and/or "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This disclaimer shall apply to the fullest possible extent in any and all jurisdictions that limit the exclusion of implied warranties.

In no event will TapRoot be liable to any party for any claim or damage, direct, indirect, special, consequential or otherwise arising out of the interpretation of, use of or reliance upon, authorized or unauthorized, this Site, the information contained on this Site, or any other hyperlinked site, including, without limitation, any lost profits, lost savings, business interruption, loss of programs or other data on your information handling system or otherwise, even if TapRoot is expressly advised of the possibility of such damages.

Use of Software

If you download any software products from this Site, use of the software product is subject to the license terms in the applicable end-user license agreement that accompanies or is provided with the software product. You may not download or install any software product until you have read and accepted the terms of the applicable end-user license agreement.

Links to Other Sites

Links to third-party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. TapRoot has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, TapRoot does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Governing Law; Jurisdiction

These Terms and your use of the Site shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its choice of law provisions, and the parties to these Terms hereby submit to the exclusive jurisdiction of the state or federal courts located in Raleigh (Wake County), North Carolina, including a waiver of any defenses to lack of personal jurisdiction or of forum non conveniens, and the parties further acknowledge and agree that any dispute arising under these Terms or the use of the Site shall be heard or litigated in such courts.