FonRoots Inc™ TERMS OF SERVICE

(Last updated Oct 20, 2008)

Welcome to the FonRoots Inc™ service. FonRoots Inc™, Inc. doing business as FonRoots Inc™ (hereinafter referred to as FonRoots Inc™) provides its service and related software (collectively, the Service ) subject to these Terms of Service.

IMPORTANT READ CAREFULLY: PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SERVICE VIA THE WEB OR MOBILE PHONE. THESE TERMS OF SERVICE (THIS AGREEMENT) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND FonRoots Inc™. BY COMPLETING THE FonRoots Inc™ REGISTRATION PROCESS OR OTHERWISE ACCESSING OR POSTING CONTENT ON THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CANCEL YOUR ACCOUNT AND DO NOT USE THE SERVICE.

DATA USAGE: YOUR USE OF THE SERVICE INVOLVES THE TRANSMISSION OF DATA TO AND FROM YOUR MOBILE PHONE, WHICH MAY BE SUBJECT TO CARRIER DATA CHARGES. FOR THIS REASON MOBILE SERVICE RECOMMENDS THAT YOU OBTAIN AN UNLIMITED DATA PLAN FROM YOUR WIRELESS SERVICE PROVIDER. REVIEW YOUR WIRELESS PLAN OR CONTACT OR CARRIER ABOUT PRICING BEFORE USING THE SERVICE. FonRoots Inc™ WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES INCURRED IN CONNECTION WITH THE SERVICE. IN THE EVENT THAT YOU CHANGE OR DEACTIVATE YOUR MOBILE TELEPHONE NUMBER, YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT INFORMATION TO ENSURE THAT THERE IS NO TRANSMISSION OF DATA FROM THE SERVICE TO THE PERSON THAT ACQUIRES YOUR OLD NUMBER.

MODIFICATIONS: FonRoots Inc™ reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. When this Agreement is modified, FonRoots Inc™ will revise the Last Updated date above. It is your responsibility to check the terms in this Agreement periodically for changes. Your continued use of the Service following the posting of changes to the Agreement will be subject to the then current Terms of Service, which shall supersede all earlier versions.

Eligibility

To take full advantage of the Service, you need to have a computer with Internet access and a mobile phone and wireless services with necessary wireless data features. You are solely responsible for all equipment and services (and related costs and expenses) necessary to use the Services. You acknowledge and agree that by using the Services you may incur charges from your wireless carrier, depending upon the Your wireless plan, as use of the Service involves use of mobile voice and data features which include SMS notifications sent to you and by you through the Service. You can withdraw your consent to receive such SMS notifications by contacting us at support@fonroots.com. However, you will no longer be able to use the Services.

Fees and Payment

Any fees or payments due to FonRoots Inc™ in connection with the Service are payable in advance and are not refundable in whole or in part except as expressly specified in this Agreement.

Access to the Service; Modifications to Service

FonRoots Inc™ does not provide you with the equipment to access the Service or to use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers).

FonRoots Inc™ reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service.

Privacy Policy

Your use of the Service is governed by the FonRoots Inc™ Privacy Policy, which is available at http://www.fonroots.com and incorporated by reference into these terms.

Submissions

You acknowledge that you are responsible for the information and material that you (or your representatives) submit to the Service or transmit through the Service (your Submissions ), and that you, and not FonRoots Inc™, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, and originality. Unless otherwise expressly stated in this Agreement or in the FonRoots Inc™ Privacy Policy, you agree that any Submission provided by you in connection with your use of the Service is provided on a non-proprietary and non-confidential basis.

You will retain all ownership rights in your Submissions. However, by submitting your Submissions to FonRoots Inc™, you hereby grant to FonRoots Inc™, a non-exclusive, fully paid, royalty-free, worldwide license (with the right to sublicense through multiple tiers of sublicensees) to use, copy, modify, adapt, transmit, and distribute your Submissions on and through the Service. You further represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any Submissions.

FonRoots Inc™ does not actively monitor your postings to the Service. However, in our efforts to promote good citizenship within the FonRoots Inc™ community, if FonRoots Inc™ becomes aware of inappropriate use of the Service, FonRoots Inc™ may respond in any way that FonRoots Inc™ deems appropriate in its sole discretion. You acknowledge that FonRoots Inc™ may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, FonRoots Inc™ may cooperate with law enforcement agencies in any investigation of alleged illegal activity.

FonRoots Inc™ may remove any Submission that FonRoots Inc™ determines, in its sole discretion, violates the terms of this Agreement or are otherwise deemed by FonRoots Inc™ to be inappropriate for posting.

System Use Policies

FonRoots Inc™ asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Service, you agree not to:

Use FonRoots Inc™ facilities, services or resources (including the Service) in a manner which violates any applicable laws or regulations;
Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member's password or other account information; or harvest user names, email addresses or other personal information for any purpose;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
Post Submissions that contain nudity, violence, or offensive subject matter;
Post photographs of another person without such person's consent;
Solicit personal information from any person under the age of 18;
Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
Engage in or facilitate the transmission of unsolicited mass mailing, or spamming;
Use the Service in furtherance of commercial activities;
Sell or otherwise transfer your profile or account on the Service; or
Use FonRoots Inc™ facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to add friends or harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

FonRoots Inc™ reserves the right to investigate and take legal action against anyone who, in FonRoots Inc™'s sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the Service.

User Disputes

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

Profile Information

You agree that your FonRoots Inc™ profile (or other Submissions) will not include any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Notwithstanding the foregoing, you acknowledge that FonRoots Inc™ does not, and can not, actively monitor submissions for content, and therefore you may be exposed to inaccurate, inappropriate, offensive or sexually explicit material posted by other users to the Service, and FonRoots Inc™ assumes no responsibility or liability for this material. If you become aware of any inappropriate content posted to the Service, please notify blackbookmobile by email at http://www.fonroots.com/support. FonRoots Inc™ does not endorse and has no control over profile information or other Submissions. Profile information and other Submissions are not necessarily reviewed by FonRoots Inc™ prior to posting and do not necessarily reflect the opinions or policies of FonRoots Inc™.

Use of Copyrighted Materials/Trademarks

Any materials on the Service that are provided by FonRoots Inc™ or its licensors, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the Materials ) are copyrighted materials owned by or licensed to FonRoots Inc™. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by FonRoots Inc™ and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Service, you are hereby authorized to view, download, cache, copy and print the Materials (exclusive of software code) solely for personal use and not for resale or further distribution, subject to the following conditions:

1. Any copy of the Materials or portion thereof must include the FonRoots Inc™ copyright notice.
2. FonRoots Inc™ reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from FonRoots Inc™.

Nothing contained in the Service shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ( IP Rights ) of FonRoots Inc™, its affiliates, or any third party, and, except as expressly provided in this Agreement all such IP Rights in the Materials and the Service are expressly reserved to FonRoots Inc™, its affiliates, and any third party, as applicable.

Notices of Copyright Infringement

FonRoots Inc™ respects the intellectual property rights of others, and asks you to do the same. It is the policy of FonRoots Inc™ to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact FonRoots Inc™ at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

FonRoots Inc™'s designated agent for notice of copyright infringement can be reached at:

FonRoots Inc™.

Attention: Copyright Compliance Officer

925 South West Temple

Salt Lake City, Ut. 84101

Phone: (888) 480-4583

Facsimile: (801) 485-0209

Email: copyright@fonroots.com

Restrictions on Use

You agree that you will only use the Service for personal use and not in connection with any commercial endeavors, including without limitation, advertisements, affiliate links, and other forms of solicitation, the posting of which may be removed from your profile without notice and may result in termination of your access to the Service.

Hyperlinks to the Website

You are granted a limited, nonexclusive right to create a "hypertext" link to the FonRoots Inc™ website provided that such link does not portray FonRoots Inc™ or any of its products, services or users in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any FonRoots Inc™ trademark, logo or trade name or other proprietary information including the images found at the FonRoots Inc™ website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of FonRoots Inc™.

Links to Third Party Websites

The Service may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by FonRoots Inc™. If you use these links, you may leave the FonRoots Inc™ Service. FonRoots Inc™ 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. FonRoots Inc™ does not endorse or make any representations about third party sites 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 the Service, you do so entirely at your own risk.

Third-Party Products and Services

The Service may contain advertising and other mention or offers of third-party products and services. FonRoots Inc™ makes no recommendations or endorsements about third-party products and services. Third-party products and services (and references thereto) are provided by FonRoots Inc™ as is, without warranty of any kind, either express, implied or statutory, including, without limitation, the implied warranties of non-infringement of third party rights, merchantability, and fitness for a particular purpose.

Password Restricted Areas of the Service

Certain areas of the Service may be password restricted to registered users ( Password-Protected Areas ). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify FonRoots Inc™ if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify FonRoots Inc™ of any unauthorized use of your account or any other breach of security in relation to your password or the Service that is known to you.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FonRoots Inc™ MAKES NO, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS, THE ACCURACY, TIMELINESS, RELEVANCE OR COMPLETENESS OF THE SERVICE OR ANY OTHER WARRANTIES REGARDING THE SERVICE, CONTENT, OR THE QUALITY, SUITABILITY OR TRUTH OF ANY CONTENT CONTAINED ON THE SERVICE OR INCLUDED AS PART OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT FonRoots Inc™ DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FonRoots Inc™ SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH OUR SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF DATA, OR DATA OR SERVICE CHARGES THAT RESULT FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE.

Limitation of Liability

YOU AGREE THAT FonRoots Inc™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICE OR ANY CONTENT APPEARING ON THE SERVICE. IN NO EVENT WILL FonRoots Inc™ BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER MOBILESERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF MOBILESERVICE FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU TO MOBILESERVICE, IF ANY, FOR THE SERVICE DURING THE SIX MONTHS IMMEDIATLY PRECEEDING THE EVENT GIVING RISE TO SUCH DAMAGES.

Termination

If you violate this Agreement, FonRoots Inc™ reserves the right to terminate service to you without notice. You understand that FonRoots Inc™ has the right to terminate any account for any reason that FonRoots Inc™ interprets as abuse of the service.

Indemnification

You agree to defend, indemnify and hold harmless FonRoots Inc™, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs of debt, and expenses (including but not limited to attorneys � fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Submissions caused damage to a third party. This defense and indemnification obligation will survive the expiration or termination of this Agreement for any reason and your use of the Service.

Export Control

FonRoots Inc™ operates the Service from its facilities in the United States of America and makes no representation that the Service is appropriate or will be available for use in other locations. If you use the Service from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Service, your Submissions and any third party content.

General Provisions

Enforcement of this Agreement will be governed by the laws of the State of Utah, USA, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Service will lie in the District Court, Salt Lake County in the State of Utah, or the United States District Court for the State of Utah, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of FonRoots Inc™ to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by FonRoots Inc™ in writing. In the event that a court of competent jurisdiction finds any provision of this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by FonRoots Inc™ without restriction.

Arbitration

YOU AND FonRoots Inc™ AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be Salt Lake City, Utah and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the FonRoots Inc™ will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. 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 OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service (including your use of the Service) be instituted more than three (3) years after the cause of action arose.

Contact Us

FonRoots Inc™ can be reached using the following contact information:

FonRoots Inc™

Attn: Customer Service