FIVEMOREMINUTESWITH.COM

Terms of Use

Effective as of April 19, 2010

Welcome to Fivemoreminuteswith.com. Fivemoreminuteswith.com (“FMMW” or “the Service”) is operated by Five More Minutes With, LLC, a Washington limited liability company (described here as “us”, “we” or “the Company”).

BY ACCESSING OR USING THE WWW.FIVEMOREMINUTESWITH.COM WEB SITE (THE “WEB SITE”) OR THE SERVICE YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE’ OR “AGREEMENT”) WHICH SHALL GOVERN YOUR USE OF THE WEB SITE AND SERVICE.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms of Use.

Eligibility

You must be 13 years of age or older to use the Fivemoreminuteswith.com Web site. If you are under the age of 13, you are not allowed to access FMMW content, features, and services on the Web site. Although our Web site may be accessed by children under the age of 13, we will not knowingly collect or use any personal information from such children. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

Use of the Service is void where prohibited. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. FMMW, in its sole discretion, may remove your content, and/or prohibit you from using or accessing all or part of the Service or the Web site for any reason, at any time. If your access to the Web site is terminated, the restrictions and obligations of this Agreement that by their essential nature and purpose should survive termination shall survive termination, including, but not limited to, ownership, licenses, warranty disclaimers, limitations of liability, and governing law and dispute resolution provisions.

User Conduct

You understand that the Service and the Web site are available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind you submit will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, obscene, abusive, threatening, or otherwise unlawful material. You further agree not to harvest or collect any information from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair Web site. In addition, you agree not to use the Service or the Web site to:

• upload, post, email, transmit, or otherwise make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

• impersonate any person or entity, 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;

• upload, post, email, transmit, or otherwise make available any material that is illegal in any way or which advocates illegal activity;

• intimidate or harass another;

• use or attempt to use another’s account, service, or system without authorization from the Company, or create a false identity on the Service or the Web site.

Proprietary Rights in Content on the Web Site

All content on the Web site, including but not limited to files, designs, text, graphics, images, artwork, illustrations, audio clips, video clips, sounds, photographs, trademarks, logos, documents, the Site as a whole, and their selection, coordination and arrangement (the “Content”), are the proprietary property of the Company or its licensors and are protected under U.S. and international law and treaties. All rights are reserved. No Content may be used, modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, performed, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited and constitutes an infringement of the Company’s intellectual property rights.

FIVE MORE MINUTES WITH, Fivemoreminuteswith.com, the FMMW logo design and any associated banners and page headers are trademarks, trade dress, or service marks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Content Posted on the Web Site

You are solely responsible for the text, files, photos, images, graphics and any other Content that you publish or display (hereinafter, “post”) on or through the Service or the Web site, or transmit to other users (collectively the “User Content”). You understand and agree that the Company may review and delete or remove any User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

By posting User Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to publish, use, reproduce, copy, modify, perform, display, reformat, translate, excerpt (in whole or in part), distribute, archive, create compilation works from all or parts, store 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 hereby waive any right to inspect or approve any versions of the User Content or other use of the User Content by the Company and any right to compensation for the Company or its Affiliates’ use of the User Content. FMMW retains the exclusive right to use the User Content in a multi-author book and/or anthology.

FOR YOUR SAFETY, WE RECOMMEND THAT YOU NOT POST ANY HIGHLY SENSITIVE PERSONAL INFORMATION TO THE WEB SITE, SUCH AS YOUR ADDRESS, ACCOUNT OR IDENTIFICATION NUMBERS, SOCIAL SECURITY NUMBER, OR SIMILAR TYPES OF INFORMATION.

Copyright Policy and Designated Agent.

By using this Web site or the Service, you expressly consent to the procedures outlined in the Copyright Policy below as they apply to alleged copyright infringement.

It is FMMW’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users or submitters; and to (2) remove and discontinue service to repeat offenders. FMMW has adopted this policy in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). The following is FMMW’s Designated Agent to Receive Notification of Claimed Infringement (“Agent”):

Braiden Rex-Johnson

Five More Minutes With, LLC

98 Union Street, Suite 1009

Seattle, WA 98101

Phone: 206-233-9491

E-mail: braiden@fivemoreminuteswith.com

Procedure for Reporting Copyright Infringement. If you believe that Content on this Web site infringes a copyright, please send the Agent a notice of copyright infringement containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;

2. Identification of the copyrighted works or materials allegedly infringed;

3. Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials, with sufficient detail to enable FMMW to find and verify its existence;

4. The notifier’s contact information, including name, address, telephone number, and, if available, e-mail address;

5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once proper infringement notification is received by the Agent, it is FMMW’s policy to remove or disable access to the allegedly infringing Content and to notify the person who submitted, posted, published, or otherwise provided the Content (“Publisher”) that FMMW has removed or disabled access to the material. Repeat offenders will be denied access to Publish additional materials to the Site.

Procedure for Sending a Counter-Notice. If the Publisher believes the Content that was removed or to which access was disabled is not infringing, or if the Publisher believes it has the right to post and use such material, the Publisher may send a counter-notice to the Agent containing the following information:

1. A physical or electronic signature of the Publisher;

2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

3. A statement that the Publisher has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;

4. The Publisher’s name, address, telephone number, and, if available, e-mail address;

5. A statement that the Publisher consents to the jurisdiction of the federal court for the judicial district in which the Publisher’s address is located, or if the Publisher’s address is located outside the U.S., for any judicial district in which FMMW is located, and that the Publisher will accept service of process from the person who sent notification of the alleged infringement.

If the Agent receives a counter-notice, FMMW may send a copy of the counter-notice to the original notifying party, stating that FMMW may replace or restore access to the removed material in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Publisher, the removed material may be replaced or access to it restored at FMMW’s sole discretion in ten (10) or more business days after receipt of the counter-notice.]

Links to other websites

The Web site may contain links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.

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.

Privacy

We care about the privacy of our users. Click here to view FMMW’s Privacy Policy, which is incorporated herein by this reference. By using the Web site or the Service, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Disclaimers

By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and agree that you must evaluate and bear all risks associated with your use of and reliance on this Web site and any of its Content. You acknowledge that the Company has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.

The Company is not responsible for any incorrect or inaccurate content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the acts, omissions, or conduct, whether online or offline, of any user of the Web site. Under no circumstances will the Company be responsible for any loss or damage of any kind incurred, including personal injury or death, resulting from anyone’s use of the Web site or the Service, any content posted on or through the Web site or the Service, or any interactions between users of the Web site whether online or offline.

The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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 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 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 Service.

THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL FIVE MORE MINUTES WITH, LLC OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, ARISING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. 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 ONE HUNDRED DOLLARS ($100).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

These Terms of Use and any dispute between you and the Company hereunder shall be governed by the laws of the State of Washington, without regard to principles of conflict of laws. Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be brought in the state or federal courts located in Seattle, Washington. You hereby consent to exclusive venue and jurisdiction in the state and federal courts in Seattle, Washington, waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such venue, and expressly disclaim the right to seek redress in any other venue or forum.

Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold the Company , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any third party claims, losses, liabilities, claims, demands, costs, or expenses, including reasonable attorney’s fees, due to or 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 Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms of Use, together with the Privacy Policy, and any other policies of the Company posted by us on the Web site, constitute the entire agreement between you and FMMW regarding the use of the Web site and/or the Service, superseding any prior agreements between you and FMMW relating to your use of the Web site or the Service. The failure of FMMW to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held void, invalid, or unlawful for any reason, the remainder of this Agreement shall continue in full force and effect.

Questions

Please visit the Our Story page for more information. All questions or comments about the Web site or these Terms of Use should be directed to webmaster@FiveMoreMinutesWith.com.