Thank you for becoming a member of MySmokinRide.com, ("MySmokinRide.com", "MSR" "we" or "us")! MySmokinRide.com provides a social web software (the "MSR Social Web Community") that enables you to create, join or browse a Social Network focused on the automotive community (as defined below) built on the MySmokinRide.com Social Web Platform. We also provide services that will enhance your experience as a member of the MSR Social Networks on the MySmokinRide.com Social Web Platform.

Our Terms of Service contain rules that apply to you as a user of the MySmokinRide.com Social Web, if you decide to create your own profile / garage page. Once a member of  "MSR" you will also be subject to the MySmokinRide.com Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on MySmokinRide.com, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.  These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the MSR Social Web and is a legal contract between you and MySmokinRide.com.

By registering with us or using or browsing the MySmokinRide.com Social Web, you acknowledge that you have read, understood, and agree to be bound by this agreement. If you do not agree to these terms, you can stop using the MSR Social Web at any time.

To use the MSR Social Web you must be 16 years of age or older and is offered only to users 16 years of age or older. If you are under 16 years old, please do not use the MSR Social Web. Any person who provides their personal information through the MSR Social Web represents to us that they are 16 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Social Network on the MSR Social Web as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

2. Benefits of Creating Your Own Social Network

3. Premium Services and Payment

Premium Services

There are currently two primary ways that we support the MSR Social Web: through advertising and Subscription Services. As a Garage Creator, you can purchase a Premium Subscription Services from us. The categories and prices of our Premium Services are described here and are subject to change from time to time ("Premium Services Policies"). MySmokinRide.com may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when MySmokinRide.com posts the temporary promotional event or new service on the MSR Social Web. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the MSR Social Web. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize MySmokinRide.com to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with MySmokinRide.com. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer recurring payments. You agree that MySmokinRide.com may automatically charge the fee to your Payment Method at the beginMySmokinRide.com of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to MySmokinRide.com may be shared by MySmokinRide.com with companies who work on MySmokinRide.com's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to MySmokinRide.com and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay MySmokinRide.com all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) MySmokinRide.com may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) MySmokinRide.com reserves the right to either suspend or terminate your Premium Services or your account with MySmokinRide.com, including deletion of your Social Network from the MSR Social Web.

Except as may be set forth in applicable Premium Service Policies or Section 27 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to MySmokinRide.com within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of MySmokinRide.com.

Taxes

You are responsible for paying any governmental taxes imposed on your use of the MSR Social Web, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to MySmokinRide.com the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that MySmokinRide.com is obligated to collect such taxes, the applicable tax will be added to your billing account.

4. Your Code and Licenses to Your Code

You own Your Code. MySmokinRide.com does not claim any ownership rights in Your Code. If you upload any of Your Code to the MSR Social Web, subject to the licenses granted by you herein, you continue to have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). You may only upload Your Code to the MSR Social Web, for use on Your Social Network, provided that Your Code complies with the terms of this Agreement. At any point, you can take Your Code from Your Social Network and cancel your account and MySmokinRide.com shall not retain any license rights, except as provided below.

You hereby grant MySmokinRide.com a non-exclusive, worldwide, perpetual, transferable, irrevocable, sublicense able, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of Your Code (a) for the purpose of operating and making Your Social Network available on the MSR Social Web and in all current and future media in which the MSR Social Web may now or hereafter be distributed or transmitted; or (b) for our internal business purposes. Additionally, you hereby grant MySmokinRide.com a non-exclusive, world-wide, transferable, irrevocable, sublicense able royalty-free right and license to continue using, reproducing, archiving, caching, creating derivative works, publicly displaying and performing in perpetuity, any of Your Code that is incorporated into the MSR Social Web, provided that MySmokinRide.com shall not use or distribute Your Code on a stand alone basis. The foregoing license does not limit MySmokinRide.com's rights under any third party or open source license in which Your Code is licensed.

You are responsible for making sure that you have all rights in Your Code you upload or use and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any MySmokinRide.com Technology. MySmokinRide.com disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Social Network and is not responsible for protecting Your Code.

5. Your Content and Licenses to Your Content

MySmokinRide.com does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Social Network and cancel your account and MySmokinRide.com does not retain any license rights except as provided below.

You hereby grant MySmokinRide.com, during the course of your usage of the MSR Social Web, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicense able and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the MSR Social Web and in all current and future media in which the MSR Social Web may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, MySmokinRide.com reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

You hereby agree that if Your Content is removed from any Social Network due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, MySmokinRide.com shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of MySmokinRide.com, any individual, or the general public.

You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, MySmokinRide.com does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising on Your Social Network.

Additionally, you understand and agree that Your Content that is displayed on the MSR Social Web may continue to appear on the MSR Social Web, even after you have terminated your MySmokinRide.com Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that MySmokinRide.com, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the MSR Social Web, and any products, goods, features, capabilities and/or services associated with the MSR Social Web.

As a Garage Creator or Network Member you acknowledge that MySmokinRide.com and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Social Network or the MSR Social Web in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Social Network is removed from the MSR Social Web, the Content associated with that Social Network may also be deleted at the discretion of the Garage Creator or MySmokinRide.com. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Social Network. You should be aware that MySmokinRide.com is not required and may not keep back-up copies of Content (including Your Content) on the MSR Social Web once the Social Network or Content is deleted. Additionally, MySmokinRide.com makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the MSR Social Web and you should independently back-up Your Content.

6. Licenses From MySmokinRide.com

License to MSR Social Web

During and subject to the terms and conditions of this Agreement, MySmokinRide.com hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the MSR Social Web solely to enable your use of the MySmokinRide.com Member Services and MySmokinRide.com Garage Creator Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.

You agree that, as between you and MySmokinRide.com, all the intellectual property rights in the MSR Social Web, which does not include Your Content or Your Code, are owned by MySmokinRide.com or its licensors.

License to Embeddable Widgets

During and subject to the terms and conditions of this Agreement, MySmokinRide.com hereby grants you a limited, non-exclusive, non-sub licensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your Social Network from the MSR Social Web by MySmokinRide.com or you and you agree to immediately stop using such Embeddable Widget.

License Restrictions

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

• Run, rent, lease, loan, or sell access to the MSR Social Web or the MySmokinRide.com Technology.
• Decompile or reverse engineer or attempt to access the source code of the software underlying the MSR Social Web or MySmokinRide.com Technology.
• Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any MySmokinRide.com Technology.
• Access the MSR Social Web to build a product using similar ideas, features, functions, interface or graphics of the MSR Social Web.
• Access (or attempt to access) any service on the MSR Social Web by any means other than as permitted in these Terms of Service.
• Circumvent, disable or otherwise interfere with security related features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein.
• Access the MSR Social Web to upload Your Code or Your Content to cause a breach of security to the MSR Social Web or any Social Network or interfere with the proper working of the MSR Social Web or prevent others from using the MSR Social Web.
• Delete the copyright and other proprietary rights notices on the MSR Social Web or Embeddable Widgets.

7. Independent Development; Feedback

You agree that MySmokinRide.com may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing MySmokinRide.com from creating or fully exploiting such software, content and other items, without any obligation to you.

You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Social Network or the MSR Social Web (including the Network Code and Platform Code), including, on the MySmokinRide.com blog, Garage Creators Forum or on the MySmokinRide.com Open Social Directory ("Feedback"). If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant MySmokinRide.com a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

8. MySmokinRide.com Trademarks and Legal Notices

MySmokinRide.com trademarks, logos, images, service marks, trade names and other distinctive branding features used on the MSR Social Web "MySmokinRide.com Marks" are the trademarks of MySmokinRide.com and may not be used without permission. MySmokinRide.com is not granting you a license under any intellectual property right to the MySmokinRide.com Marks. Other trademarks, logos, and trade names that may appear on the MSR Social Web are the property of their respective owners.

If you are a Garage Creator, MySmokinRide.com reserves the right to include within Your Social Network applicable MySmokinRide.com copyright and trademark notices for the MSR Social Web and links to the MySmokinRide.com Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by MySmokinRide.com.

9. MySmokinRide.com Ownership Rights

You agree that, as between you and MySmokinRide.com, MySmokinRide.com owns all right, title and interest, including, all intellectual property rights, in and to the MySmokinRide.com Technology. Additionally, there are two types of data provided by or collected from Network Members ? Network Member Data and MySmokinRide.com Member Data. If you are a Garage Creator or an administrator designated by a Garage Creator ("Administrator"), you agree that, as between MySmokinRide.com and you, MySmokinRide.com owns all right, title and interest, including, all intellectual property rights, in and to the MySmokinRide.com Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to MySmokinRide.com. You agree to abide by all copyright notices, information, or restrictions contained in any part of the MSR Social Web. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the MSR Social Web, including notices on any MySmokinRide.com Technology you download, transmit, display, print or reproduce from or using the MSR Social Web.

10. Support and Interaction for Garage Creators

If you are a Garage Creator, MySmokinRide.com provides documentation to assist you in creating and enhancing Your Social Network(s).

11. Advertising and Promotion for Garage Creators

On our network, we have the exclusive right to sell, run and/or serve third-party advertising on your Free Garage Page. If you are a Garage Creator, you agree not to include any advertising for anything other than Your Social Network, including ads served via an ad-server service like Google AdSense, in any Social Network, any of Your Code, or Content you provide on MySmokinRide.com. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Social Network. If you run your own ads, MySmokinRide.com will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Social Network. MySmokinRide.com may establish general policies and guidelines surrounding the runMySmokinRide.com of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.

YOU AGREE THAT MYSMOKINRIDE.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR SOCIAL NETWORK.

If you are a Garage Creator, MySmokinRide.com reserves the right to include promotional links on Your Social Network(s) at no cost to MySmokinRide.com, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required MySmokinRide.com legal notices and links to MySmokinRide.com Terms of Service, Privacy Policy and Guidelines or any statement indicating that MySmokinRide.com uses MySmokinRide.com ID for authentication upon sign in by Your Network Members.

12. Third Party Content and Hyperlinks to Third Party Sites

Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Social Networks ("Third Party Content") on the MSR Social Web. The inclusion of Third Party Content on the MSR Social Web does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and MySmokinRide.com has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, MySmokinRide.com or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Social Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determiMySmokinRide.com whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the MSR Social Web you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the MSR Social Web at your own risk.

Additionally, MySmokinRide.com or third parties may provide hyperlinks on Social Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the MSR Social Web and the inclusion of any link on a Social Network does not imply MySmokinRide.com's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. MySmokinRide.com expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the MSR Social Web. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

13. Representations and Warranties.

You hereby represent and warrant to MySmokinRide.com that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the MSR Social Web including your promotional or other activities off the MSR Social Web that relate to Your Social Network; (b) you have the right to grant to MySmokinRide.com the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Social Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the MSR Social Web, or intercept or expropriate any system data or personal information from the MSR Social Web.

14. Acceptable Use and Conduct

You are solely responsible for your conduct, Your Social Networks, Your Code, and Your Content on the MSR Social Web. We want to keep the Social Networks on MySmokinRide.com safe and fun for everyone and the use of the MSR Social Web for unlawful or harmful activities is not allowed. In defi MySmokinRide.com "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use the MSR Social Web:

• In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
• in a manner 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;
• to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the MSR Social Web in connection with Your Social Network;
• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtain MySmokinRide.com financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that is libelous or defamatory, or in a way that is otherwise threateMySmokinRide.com, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by MySmokinRide.com;
• to impersonate a MySmokinRide.com employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Social Network or the MSR Social Web without authorization;
• to interfere or attempt to interfere with the proper working of the MSR Social Web or prevent others from using the MSR Social Web, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the MSR Social Web, or that otherwise negatively affects other persons' ability to use the MSR Social Web;
• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Garage Creator's account or to monitor or copy the MSR Social Web (including the Network Code or Platform Code) or the content contained therein;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person's explicit consent;
• in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the MSR Social Web or to Users; and
• in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

• "Stalk" or otherwise harass anyone;
• Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the MSR Social Web, including MySmokinRide.com ID passwords from a Garage Creator, or to proxy authentication credentials for any Member of the MSR Social Web for the purposes of automating logins to the MSR Social Web;
• Use any profanity or the description or name of any illegal activity in the name of Your Social Network or the Network Subdomain (as defined below) for Your Social Network;
• Use the name "MySmokinRide.com" as any part of the name of Your Social Network or the Network Subdomain for Your Social Network;
• Post any Content contaiMySmokinRide.com child pornography to any Social Network. MySmokinRide.com absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any MySmokinRide.com Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
• Post any Content that MySmokinRide.com determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
• Post any Content that MySmokinRide.com determines constitutes pornography or is adult in nature. MySmokinRide.com?s current policy on what is considered adult is located here and is subject to change.
• Use automated means, including spiders, robots, crawlers, data miMySmokinRide.com tools, or the like to download data from Social Networks and the MSR Social Web - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
• Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on MySmokinRide.com's infrastructure;
• Attempt to gain unauthorized access to MySmokinRide.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the MSR Social Web;
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the MSR Social Web or for using it for purposes unrelated to MySmokinRide.com); and
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the MSR Social Web.

You agree not to authorize or encourage any third party to use the MSR Social Web or any of Your Social Networks (and Your Social Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify MySmokinRide.com in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

15. MSR Social Web Policies

MySmokinRide.com may establish general polices and limits concerMySmokinRide.com use of the MSR Social Web ("MSR Social Web Policies"), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Social Network(s), the maximum number of times and duration for which you may access the MSR Social Web or Social Networks in a given period of time, the maximum bandwidth used by Your Social Network(s) or Content, and the maximum CPU power used by Your Social Networks or Content. The current MSR Social Web Policies are part of this Agreement.

16. MySmokinRide.com's Relationship with Users

You acknowledge that MySmokinRide.com may terminate your account (which is separate from a Garage Creator's right to terminate your account), and remove your MySmokinRide.com ID, Content and Network Member Data, as well as disable your access to any and all Social Networks and the MSR Social Web, in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Garage Creator or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or MySmokinRide.com's Privacy Policy.

17. Copyright Infringement/Digital Millennium Copyright Act Compliance

It is MySmokinRide.com's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to MySmokinRide.com's DMCA Notification Guidelines. MySmokinRide.com may remove any allegedly infringing Network Code or Content without any liability to you.

MySmokinRide.com will promptly terminate without notice any Member's (including, for clarity, Network Member's or Garage Creator's) access to the MSR Social Web, including access to any Social Network, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, MySmokinRide.com will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerMySmokinRide.com Content or Network Code posted by that Member anywhere on the MSR Social Web. MySmokinRide.com, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Garage Creator continues to allow its Network Member's to post Content that is subject to notices of alleged copyright infringement, the Network may (at MySmokinRide.com's sole discretion) be disabled.

Additionally, if you are a Garage Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by MySmokinRide.com) that specified Content or Network Code posted on Your Social Network infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaiMySmokinRide.com party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to MySmokinRide.com. MySmokinRide.com strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. MySmokinRide.com is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Social Network.

18. Network Member Data

Through our MySmokinRide.com Member Services, MySmokinRide.com collects MySmokinRide.com Member Data from Your Network Members and general information about a User's use of Your Social Network(s). If you are a Garage Creator or Administrator, you agree that your access to this MySmokinRide.com Member Data (including the email addresses provided by Network Members during the MySmokinRide.com ID registration process ) as part of the management controls of Your Social Network(s) is subject to the MySmokinRide.com Privacy Policy. In addition, subject to this Agreement, you may collect Network Member Data from Your Social Network Members; if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes MySmokinRide.com to violate MySmokinRide.com's Privacy Policy.

Member privacy is important to us. Therefore, if you are a Garage Creator or an Administrator, you hereby agree that your use and disclosure of Network Member Data and any MySmokinRide.com Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Network Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of MySmokinRide.com Member Data or Network Member Data that are less stringent than the standards set forth in the MySmokinRide.com Privacy Policy.

You must clearly communicate on Your Social Network that Your Social Network uses MySmokinRide.com ID authentication (including, on each page on Your Social Network on which information is collected for purposes of MySmokinRide.com ID authentication) and that each of Your Network Members will be sharing the data they provide to you with MySmokinRide.com. This is for clarity and to ensure Your Network Members are aware of this relationship.

Subject to this Agreement and each Network Member's rights, all Network Member Data shall be the property of the applicable Garage Creators. That being said, MySmokinRide.com needs to run Your Social Network on the MSR Social Web. To this end, as a Garage Creator, you hereby grant MySmokinRide.com a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Network Member Data on or through the MSR Social Web and in all current and future media in which the MSR Social Web may be distributed; (ii) use and disclose the Network Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the MSR Social Web; and (iii) use Network Member Data for other purposes permitted by the MySmokinRide.com Privacy Policy.

You acknowledge that MySmokinRide.com may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Social Network. Accordingly, you agree that, within 24 hours of any email request by MySmokinRide.com, you will: (a) delete all Network Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by MySmokinRide.com; and (b) confirm such deletion in email notice to MySmokinRide.com.

MySmokinRide.com is not required to keep back-up copies of Network Member Data on the MSR Social Web once the Social Network or Network Member Data is deleted. MySmokinRide.com makes no guarantee that Network Member Data will be safely stored on the MSR Social Web. To be safe, you should independently back-up Network Member Data.

19. Your Social Network

We want to give you as a Garage Creator as much freedom to create and control the Social Networks you build on the MSR Social Web as possible. You may have your own agreement(s) or policies between you and each of Your Network Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow MySmokinRide.com to display the MySmokinRide.com Terms of Service, Privacy Policy and any Guidelines on your Social Network.

To enable a great experience for all Users on the MSR Social Web, if you are a Garage Creator, you agree to ensure each Social Network you create or manage does not degrade the performance of the MSR Social Web. If your Social Network(s) exceed the quotas and limitations set by MySmokinRide.com (e.g., storage or bandwidth) as set forth in the MSR Social Web Policies or otherwise degrades performance of the MSR Social Web or other services in any way, we may suspend your Social Network(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from Social Networks or the MSR Social Web for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Social Networks that are targeted at children under the age of 13.

You acknowledge that MySmokinRide.com may terminate the account of any Member (including Your Social Network Members) in accordance with these Terms of Service.

Your Social Network shall not be designed or implemented in a way that, as determined by MySmokinRide.com in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with MySmokinRide.com when interacting with Your Social Network, or (ii) any of Your Social Network was created by or are endorsed by MySmokinRide.com. Because we want you to have as much freedom over your Social Network as possible, MySmokinRide.com takes no responsibility for any Content located in Your Social Network and MySmokinRide.com has no obligation to monitor such Content or Your Social Network.

You acknowledge that MySmokinRide.com also reserves the right to remove, preserve, and disclose any information or Content on any Social Network (including MySmokinRide.com ID and Network Member Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of MySmokinRide.com, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

20. Your Account

You need to register and create a MySmokinRide.com ID in order to become a MySmokinRide.com Member, Network Member or Garage Creator on the MSR Social Web. You are responsible for keeping your MySmokinRide.com ID password secure. MySmokinRide.com IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your MySmokinRide.com ID. MySmokinRide.com reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

When you create Your Social Network, MySmokinRide.com gives you the flexibility to choose your own subdomain for Your Social Network (e.g.," developer" in the example: http://developer.MySmokinRide.com) ("Network Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Social Network's Subdomain. MySmokinRide.com maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the MSR Social Web.

You may not use anyone else's account, MySmokinRide.com ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. MySmokinRide.com will not be liable for any loss that you may incur as a result of someone else using your MySmokinRide.com ID, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by MySmokinRide.com or another party due to someone else using your MySmokinRide.com ID, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

21. Disclaimer of Warranties

YOUR USE OF THE MSR SOCIAL WEB, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-MYSMOKINRIDE.COM CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE MSR SOCIAL WEB AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-MYSMOKINRIDE.COM CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYSMOKINRIDE.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. MYSMOKINRIDE.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE MSR SOCIAL WEB, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-MYSMOKINRIDE.COM CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MSR SOCIAL WEB OR THE SERVER THAT MAKES THE MSR SOCIAL WEB AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYSMOKINRIDE.COM MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE MSR SOCIAL WEB OR YOUR SOCIAL NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR SOCIAL NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-MYSMOKINRIDE.COM CODE WITH ANY MYSMOKINRIDE.COM TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MSR SOCIAL WEB IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 MYSMOKINRIDE.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE MSR SOCIAL WEB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

22. Indemnity

You agree to indemnify, defend, and hold harmless MySmokinRide.com, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

• Your Code, Your Content or Your Social Network;
• Your use of any Non-MySmokinRide.com Code or Third Party Applications;
• Your use or misuse of, or connection to, the MSR Social Web;
• Your breach or alleged breach of this Agreement;
• Your violation of any rights (including intellectual property rights) of a third party;
• Your use or misuse of any User data (including MySmokinRide.com Member Data and Network Member Data), including, in violation of the MySmokinRide.com Privacy Policy and
• Your breach or alleged breach of any agreement or policy between you and other Users.

MySmokinRide.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MySmokinRide.com. MySmokinRide.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

23. Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Network Member or Garage Creator), MySmokinRide.com is under no obligation to become involved.

You release MySmokinRide.com, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

24. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL MYSMOKINRIDE.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MYSMOKINRIDE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE MSR SOCIAL WEB; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO MYSMOKINRIDE.COM BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN MYSMOKINRIDE.COM (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE MSR SOCIAL WEB OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

25. Changes to MSR Social Web

MySmokinRide.com reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the MSR Social Web or any part thereof with or without notice. MySmokinRide.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the MSR Social Web.

26. Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on MySmokinRide.com or elsewhere on the MSR Social Web. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the MSR Social Web after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including MySmokinRide.com Member, Network Member or Garage Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to MySmokinRide.com or elsewhere on the MSR Social Web. The revised version will apply to you immediately if you are a User who registers or first uses the MSR Social Web on or after the posting of the revised version.

27. Term and Termination

Term

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any Social Network on the MSR Social Web at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to a Social Network. Additionally, you may terminate your MySmokinRide.com ID account and end your use of the MSR Social Web at any time and for no reason by contacting us at support@MySmokinRide.com or at the address set forth below in the "Contacting MySmokinRide.com" Section.

Termination

MySmokinRide.com has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the MSR Social Web or any Social Network, (ii) remove and discard any Network Code or Content within any Social Network or anywhere on the MSR Social Web or (iii) shut down a Social Network, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Member Data or Your Social Network(s). MySmokinRide.com will not have any obligation to assist you in migrating your data, Your Content, Your Network Member Data, Your Code or Your Social Network(s) off of the MSR Social Web and MySmokinRide.com does not keep any back-up of any of Your Content or Your Network Member Data. MySmokinRide.com is not responsible for deleting Your Code, Network Code or Content on your behalf. Note that, even if Your Code, Network Code or Content is deleted from MySmokinRide.com's active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3, 4-9, 13-24, and 27-33.

28. GoverMySmokinRide.com Law; Venue

This Agreement shall be governed by the laws of the State of Florida without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.

29. Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that MySmokinRide.com has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

30. United States Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from MySmokinRide.com under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaiMySmokinRide.com prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, MySmokinRide.com from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

31. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

32. General

The failure of MySmokinRide.com to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your MySmokinRide.com accounts or MySmokinRide.com IDs, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. MySmokinRide.com may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

This Agreement, which incorporates the MySmokinRide.com Privacy Policy and the Guidelines, constitutes the entire agreement between you and MySmokinRide.com and governs your use of the MSR Social Web, superseding any prior agreements (whether written or oral) between you and MySmokinRide.com regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

MySmokinRide.com may provide you with notices, including those regarding changes to this Agreement or any of MySmokinRide.com's terms and conditions, by email, regular mail, or postings on the MSR Social Web. Notice will be deemed given twenty-four (24) hours after email is sent, unless MySmokinRide.com has previously been notified that the email address is invalid. Notices not pertaiMySmokinRide.com to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the MSR Social Web) are deemed given two (2) days following the initial posting.

33. Contacting MySmokinRide.com

Email: info@mysmokinride.com

MY SMOKIN' RIDE CORP.
631 N. U.S. Highway 1, Suite 100
NORTH PALM BEACH, FL 33408