PINKONLINE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOUR USE OF THE PINKONLINE SERVICES CONSTITUTES YOUR ACCEPTANCE, ON BEHALF OF YOUR ORGANIZATION, TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS THERETO.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT COMMENCE THE USE OF THE PINKONLINE SERVICES. THE USE OF THE PINKONLINE SERVICES SHALL BE CONSIDERED AS ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU HAVE ALREADY: (a) PAID THE FEE; (b) HAVE NOT USED THE PINKONLINE SERVICES; AND (c) DO NOT AGREE WITH THESE TERMS AND CONDITIONS; YOU CAN CONTACT PINK FOR A REFUND OF THE FEE.

Any capitalized terms have the meaning provided to them in Section 15.

1. PARTIES

In this Agreement: "You", "Your" and "Yourself" refers to the Organization who is accessing and using the PinkONLINE Services, and in some instances can also refer to the individual to whom the email containing the Authentication ID and the initial Password was addressed, as the context suggest; and "Pink" refers to PinkONLINE Inc.

2. AUTHENTICATION IDS

(a) Personal Use: You acknowledge that use of the Authentication ID and the associated Password is subject to the terms of this Agreement. The Authentication ID and initial Password issued to the individual by Pink is for such individual’s use only. The Authentication ID and Password may not be shared with any other Person.
(b) Control: You shall control and maintain the security of the Authentication ID and Password used by You in relation to Your access and use of the PinkONLINE Services. You shall be solely responsible for all instructions, commitments and other actions or communications taken under Your Authentication ID and Password. You shall promptly report to Pink if Your Authentication ID and Password becomes known to any third Person.

3. PinkONLINE SERVICES

(a) Services provided by Pink: For the duration of the Term, and subject to the terms and conditions of this Agreement; such policies and procedures, which are established by Pink from time to time in relation to the access and use of the PinkONLINE Services, Pink hereby agrees to provide to You the PinkONLINE Services, which are web-based IT consulting and training services and includes Your non-exclusive, non-transferable, revocable right, for Your internal business purposes, to access and use the PinkONLINE consulting and training tools including the view, display and, subject to Section 3(b), download of copies of the Pink Content materials provided on the PinkONLINE Website. Access to PinkONLINE Services granted herein is for Your personal use only. This right to access PinkONLINE Services is a single user right of the Organization and does not permit any other individual or Person to access and use the PinkONLINE Services or the Pink Content. Any use by another individual or Person of the PinkONLINE Services or the Pink Content shall require payment of a separate fee and agreement to the PinkONLINE terms of use.
(b) Pink Content: Once downloaded, You may use the Pink Content, as a part of the services provided by PinkONLINE, in relation to any of Your internal information technology development projects. With regards to PinkATLAS provided You have not breached any of the terms of this Agreement, You may continue to use the downloaded Pink Content after the expiration of the Term or the Renewal Term, if applicable, except for the Browsable books in PinkATLAS where Your right to view, access and use this material ceases upon termination or expiration of the Term or the Renewal Term, if applicable. You agree to delete any and all copies of the Browsable books in PinkATLAS upon termination or expiration of the Term or the Renewal Term, if applicable. With regards to OnlineEDUCATION you are authorized to print one copy of the course manual(s) available as part of OnlineEDUCATION. Apart from printing this one copy, no part of the manual(s) may be reproduced, stored, or transmitted by any means without prior written permission of the copyright owner. Furthermore, with regards to any other Pink Content available as part of OnlineEDUCATION your right to view, access and use this material ceases upon termination or expiration of the Term or the Renewal Term, if applicable.
(c) Restrictions on Use: Any rights not granted herein are strictly reserved by Pink. You shall not: (i) permit, any affiliate, or third Person, to use the PinkONLINE Services, PinkONLINE Website or the Pink Content, (ii) transfer or otherwise assign the right to use the PinkONLINE Services and distribute the Pink Content to any third Person; or (iii) use the PinkONLINE Services or the Pink Content in the operation of a service bureau. You shall not, and shall not permit others to, reverse engineer, decompile, disassemble or translate any software used by Pink in relation to the PinkONLINE Services or otherwise attempt to view, display or print such software’s source code.
(d) Conditions For Using PinkONLINE Services: While visiting the PinkONLINE Website and using PinkONLINE Services, You may not, nor may You allow others to, directly or indirectly: (i) use the PinkONLINE Services in any manner that could damage, disable, overburden or impair the PinkONLINE System; (ii) interfere with the security of, or otherwise abuse the PinkONLINE System, in particular the PinkONLINE Website; (iii) disrupt or interfere with any other Person’s use or enjoyment of the PinkONLINE Services; (iv) upload, post or otherwise transmit on the PinkONLINE Website any Objectionable Content or Virus or that imposes an unreasonable or disproportionately large load on the PinkONLINE System; (v) use any robot, spider or other automatic program or device to monitor, copy, summarize, or otherwise extract information from the PinkONLINE System or the Pink Content in whole or in part; (vi) use or attempt to use another’s account, password, service, system or other information; (vii) create or use a false identity on the PinkONLINE Website; (viii) attempt to obtain unauthorized access to the PinkONLINE Services or portions of the PinkONLINE Services that are restricted from general access; (ix) transmit on, to or from the PinkONLINE Website spam, chain letters, junk mail or any other type of unsolicited mass e-mail; or (x) otherwise use the PinkONLINE Services in a manner which is contrary to law.

4. OTHER SERVICES

All of Pink’s other services (i.e. non-web based consulting, training, etc.) not included in this Agreement shall be subject to payment of separate fees and the entering into of a separate agreement. For information on Pink’s other services, please visit our website at www.pinkelephant.com.

5. PINKONLINE SYSTEM

(a) Operation of PinkONLINE System: Pink shall use reasonable efforts to operate the PinkONLINE System such that PinkONLINE Services are reasonably available for Your access and use. Pink does not warrant and hereby disclaims that the PinkONLINE Services will be available on a "24/7" basis. You acknowledge that the PinkONLINE Services and the PinkONLINE Website may not be available due to maintenance, repairs, upgrade or enhancement procedures undertaken by Pink from time to time or due to unanticipated failure of equipment, software or network devices. Further Pink has no responsibility regarding the availability or operation of any network, equipment or software; other than that contained in the PinkONLINE System.
(b) Changes by Pink: Pink may make changes to the PinkONLINE System without notice to You as deemed necessary by Pink for the operation and update of the PinkONLINE Services.
(c) Disclaimer: You acknowledge and agree that Pink’s methods and procedures to secure the PinkONLINE System may not prevent unauthorized electronic intruders to access the PinkONLINE System through the Internet or through other forms of electronic communication. If such unauthorized electronic intruders are able to bypass Pink’s firewall and safeguards, such unauthorized electronic intruder may change, delete or otherwise corrupt the contents and data contained in the PinkONLINE Server(s). Except for the maintenance of appropriate firewall and safeguards that are designed to frustrate access from unauthorized electronic intruders, Pink shall not be liable to You, and hereby disclaims responsibility, with respect to any action, destructive or otherwise, by any unauthorized electronic intruder.
(d) Your Responsibilities: In addition to the other obligations contained in this Agreement:

  1. You shall be responsible for procuring, installing, operating, supporting and maintaining Your systems, including computer hardware and software and communication services (high speed Internet connections) necessary for You to access the PinkONLINE Services; and
  2. You shall comply, at all times, with all applicable legal and regulatory requirements and with Pink’s conduct and security policies in respect of the access and use of the PinkONLINE Services.

6. OWNERSHIP

You acknowledge and agree that Pink or its providers or subproviders owns, including all intellectual property rights, in and to: (i) PinkONLINE Services, (ii) Pink Content; (iii) PinkONLINE Website; (iv) the PinkONLINE Server(s) and any software associated with the operation of the PinkONLINE Server(s); and (v) any modifications to any of the foregoing. You do not acquire any rights, title or ownership interests of any kind whatsoever, express or implied, in any of the foregoing other than the right of access and use of PinkONLINE Services granted herein.

7. FEES AND TAXES

You shall pay Pink the fees in such amounts as agreed pursuant to the confirming correspondence or invoice between Yourself and Pink in respect of Your services agreement with PinkONLINE. Such fees are exclusive of any and all applicable taxes. Activation will occur after payment has been received by Pink. Further, such fees do not permit any other individual or Person to use the PinkONLINE Services or access the Pink Content. Fees for all and any Renewal Terms are payable and due prior to the anniversary of the activation date. Fees for any Renewal Term are subject to change. Fees do not include taxes. You shall pay any and all taxes, however designated or incurred, which are paid or payable as a result of or otherwise in connection with the transactions contemplated in this Agreement, except for any taxes based on Pink’s net income.

8. CONFIDENTIALITY

(a) Obligation: Each Party ("Receiver") acknowledges that "Confidential Information" is all confidential and/or proprietary information of the other Party ("Discloser"). Receiver shall, and shall cause its employees, agents and contractors to hold the Confidential Information in confidence, and shall use the same degree of care by instruction, agreement or otherwise, to maintain the confidentiality of the Confidential Information that it uses to maintain the confidentiality of its own Confidential Information, but with at least a reasonable degree of care commensurate with the nature and importance of such Confidential Information. Receiver shall not use the Confidential Information other than for the exercise of rights or the performance of obligations under this Agreement, and shall not release, disclose, communicate it or make it available to any third party other than employees, agents and contractors of Receiver who reasonably need to know it in connection with the exercise of rights or the performance of obligations under this Agreement and who are under similar obligations of confidentiality as herein. Receiver shall immediately report to Discloser any security breaches or unauthorized disclosure that comes to Receiver’s attention. (b) Subpoena: If Receiver receives a request to disclose all or any part of the Confidential Information under the terms of a valid and effective subpoena such Party agrees to: (i) immediately notify Discloser of the existence, terms and circumstances surrounding such a request; (ii) consult with Discloser on the advisability of taking legally available steps to resist or narrow such request; and (iii) if disclosure of such Confidential Information is required, exercise commercially reasonable efforts to obtain an order or other reliable assurance that confidential treatment will be accorded to such portion of the disclosed Confidential Information which Discloser so designates.

9. TERM

(a) Initial Term: The initial term of this Agreement shall commence on the date that Pink forwards to You an Authentication ID and the initial Password, and shall continue for the period outlined in your confirmation correspondence (the "Initial Term") unless terminated earlier pursuant to the provisions of this Agreement.
(b) Renewal Term: Unless: (i) a Party notifies the other Party at least sixty (60) calendar days prior to the expiration of the Initial Term, or the then current Renewal Term, of its desire not to renew this Agreement; or (ii) this Agreement is earlier terminated in accordance with the provisions in section 10; this Agreement shall automatically renew for successive renewal periods of twelve (12) months each (the "Renewal Term"). Pink reserves the right to suspend privileges if payment is not received prior to the expiration of the existing service period. Suspension of services shall not relieve you of your obligation to pay the current renewal fee in accordance of this clause.

10. TERMINATION

(a) Termination Rights: Subject to Section 10(d), Pink may terminate this Agreement and the services provided and rights granted hereunder without prejudice to enforcement of any other legal right or remedy, immediately upon giving written notice of such termination if:

  1. You infringe the intellectual property rights of Pink or its service providers or perform a prohibited activity as described in Section 3(d); or
  2. You breach any other provision of this Agreement and such breach continues for a period of thirty (30) days after delivery of a written notice by Pink requiring the correction of such failure.

In addition and to the extent applicable, if the individual to whom Pink issued the Authentication ID and Password leaves Your employment and You do not transfer the balance of the subscription to another employee of Your Organization pursuant to Section 16(i), Pink may terminate this Agreement.
(b) Waiver: The waiver by a Party of a breach or default of any provision of this Agreement by the other Party shall not be effective unless in writing and shall not be construed as a waiver of any succeeding breach of the same or of any other provision. Nor shall any delay or omission on the part of a Party to exercise or avail itself of any right, power or privilege by such Party constitute a waiver.
(c) Effect of Termination: Upon the termination or expiration of this Agreement for any reason Pink shall terminate and invalidate Your Authentication ID.
(d) Survival of Covenants: Notwithstanding the termination or expiration of this Agreement for any reason, the covenants set out in this Section 10(d) and in Sections 3(b), 5(c), 6, 8, 11, 12, 13, 14, 16(d) and 16(i) of this Agreement shall survive any such termination or expiration.

11. DISCLAIMER

EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS IN RELATION TO THE PINKONLINE SERVICES OR THE PINK CONTENT THAT ARE THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT ANY OF THE FOREGOING ITEMS WILL MEET EITHER YOUR OR YOUR ORGANIZATION’S NEEDS, WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME, OR WILL BE ERROR FREE.

12. INDEMNITY

(a) Intellectual Property Indemnity: Pink shall defend at its own expense any claim, proceeding or suit ("Claim") brought against You to the extent such Claim alleges that any of the PinkONLINE Services infringes any copyright of a third Person in a country that is a signatory to the Berne Convention, and will indemnify and pay all damages which by final judgment or settlement may be assessed against You on account of such infringement, provided that Pink is given:

  1. prompt written notice of the Claim or of any allegations or circumstances known to You which could result in a Claim;
  2. all reasonable information and assistance from You which Pink may require to defend the Claim; and
  3. sole control of the defense of the Claim, and all negotiations for the settlement or compromise thereof; but

provided that the alleged infringement does not result from any non-permitted uses, alterations, modifications or enhancements to the Pink Content that are not carried out by Pink.
If such Claim has occurred, or in Pink’s opinion is likely to occur, You shall permit Pink at its option and expense, either to procure for You the right to continue to access the PinkONLINE Services or replace or modify the infringing portion so that it becomes non-infringing without loss of functionality. If none of the foregoing alternatives is reasonably available in Pink’s judgment and discretion, Pink may discontinue access to the PinkONLINE Services, terminate this Agreement and refund to You that portion of the fee paid by You that represents the unused portion of the fees. The foregoing states the entire obligations of Pink with respect to any infringement of intellectual property rights of any third Person.

13. LIMITATION OF LIABILITY

(a) Consequential Damages: IN NO EVENT SHALL PINK BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS OR LOST SAVINGS EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR BREACH OF SECTION 8, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. (b) Limitation of Direct Damages: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY YOU AGAINST PINK OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING A BREACH BY PINK OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT (WHETHER OR NOT A FUNDAMENTAL BREACH), YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM PINK PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE AMOUNT PAID BY YOU PURSUANT TO THIS AGREEMENT TO PINK IN THE IMMEDIATE SIX MONTHS PRECEDING THE DATE OF THE CLAIM.

14. DISPUTE RESOLUTION

You expressly agree that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada Inc. The exclusive place of arbitration shall be conducted in the City of Toronto, Ontario. The language of the arbitration shall be conducted in English.

15. DEFINITIONS

In this Agreement the following terms shall have the following meanings:
"Authentication ID" means a security mechanism by which You identify Yourself to the PinkONLINE System and together with Your Password gains access to the PinkONLINE Services. "Claim" shall have the meaning ascribed to it in Section 12(a).
"Confidential Information" means, as applicable, this Agreement; the Pink Content, the PinkONLINE Services, including the software necessary to operate the PinkONLINE Website and any software used by Pink for the provision of the PinkONLINE Services; and all ideas, designs, business models, databases, drawings, documents, diagrams, formulas set out in the Pink Content, and other intellectual property rights of Discloser, provided, however, that Confidential Information shall not include any data or information which:

  1. is or becomes publicly available through no fault of Receiver;
  2. is disclosed to Receiver by a third party under no obligation of confidentiality to Discloser;
  3. is independently developed by Receiver without reference to the information provided by Discloser;
  4. is already known or in the possession of Receiver prior to receipt of the information from Discloser; or
  5. is further disclosed with the prior written consent of Discloser.

"Discloser" shall have the meaning ascribed to it in Section (a).
"Initial Term" shall have the meaning ascribed to it in Section 9(a).
"Objectionable Content" means content that infringes any applicable laws, regulations or the intellectual property or other right of a third party, content which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, misleading, or deceptive.
"Organization" means the Person that is paying the fee for the PinkONLINE Services and that has the rights under this Agreement to access and use the PinkONLINE Services.
"Party" means either Pink or You; and "Parties" means both of them. "Password" means a series of letters, numbers and/or symbols that used in conjunction with the appropriate Authentication ID will permit access to the PinkONLINE Services.
"Person" means any individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, limited liability company, corporation, body corporate, trustee, trust, governmental authority or other entity or organization.
"Pink Content" means such information, documents, manuals, templates multi-media files, news items and other material that Pink may provide as part of the PinkONLINE Services.
"PinkONLINE Services" means the web-based services provided by Pink to You, including without limitation access to the PinkONLINE tools PinkATLAS service, PinkSCAN service, PinkSELECT service, PinkREADY service, and OnlineEDUCATION service, and such other services that Pink may from time to time offer for Your use.
"PinkONLINE Server(s) " means that computer Server(s) located at Pink’s premises, or a third party provider of hosting and/or network services, that houses the PinkONLINE Website and PinkONLINE Services.
"PinkONLINE System" means the PinkONLINE Website, PinkONLINE Server(s) and such devices, and peripherals physically located with the PinkONLINE Server(s) including all computer hardware, software, network elements, and electrical and telecommunications infrastructure located behind the Point of Access.
"PinkONLINE Website" means the set of world-wide web pages hosted by Pink, or its subprovider, through which You may access and use the PinkONLINE Services, pursuant to the terms and conditions of this Agreement.
"Point of Access" means Pink’s or its subprovider’s border router, which is used to establish connectivity from the PinkONLINE System to Pink’s or its subcontractor’s Internet service provider or the public Internet.
"Privacy Policy" shall have the meaning ascribed to it in Section 16(a).
"Receiver" shall have the meaning ascribed to it in Section 8(a).
"Renewal Term" shall have the meaning ascribed to it in Section 9(b).
"Term" means collectively the Initial Term and any Renewal Term.
"Virus" means a piece of code usually (but not necessarily) disguised as something else that causes some unexpected and, for the victim, usually undesirable, event and which is designed so that it may automatically spread to other computer users; the term "Virus" will also be deemed to include worms, cancelbots, trojan horses, harmful contaminants (whether self replicating or not) and nuisance causing or otherwise harmful applets.

16. MISCELLANEOUS

(a) Privacy: Pink’s privacy provisions are incorporated into this Agreement by reference and can be found at https://online.pinkelephant.com/PinkPrivacy.htm ("Privacy Policy")
(b) Headings: The division of this Agreement into articles, sections, schedules and other subdivisions and the inclusion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
(c) Entire Agreement: This Agreement, together with any agreements and other documents to be delivered pursuant hereto, constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions and understandings, written or oral, between the Parties with respect thereto. Except as expressly provided in this Agreement and the Privacy Policy, there are no representations, warranties, conditions, other agreements or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Agreement.
(d) Notice: Every notice or other communication hereunder shall be deemed to have been duly given and made if in writing and if served by personal delivery upon the Party for whom it is intended, if delivered by registered or certified mail, return receipt requested, or by a national courier service, or if sent by fax or electronic mail (receipt of which is confirmed) to the Person at the electronic mail address set forth in the communication containing the Authentication ID, or such other address as may be designated in writing hereafter, in the same manner, by such Person. Any such notification shall be deemed delivered: (a) upon receipt, if delivered personally; (b) on the next business day, if sent by national courier service for next business day delivery or if sent by fax or electronic mail.
(e) Modifications: This Agreement may be modified only upon written agreement by the Parties hereto.
(f) Relationship: Nothing herein shall be deemed to constitute either Party as an agent, representative or employee of the other Party, or both Parties as joint ventures or partners for any purpose. Each Party shall act solely as an independent contractor and shall not be responsible for the acts or omissions of the other Party. Neither Party will have the authority or right to represent or obligate the other Party in any way except as expressly authorized by this Agreement.
(g) Enurement: This Agreement shall enure to the benefit of and be binding upon each of the Parties hereto and their permitted successor and assigns.
(h) Assignment: Neither this Agreement nor any of the rights or obligations hereunder may be assigned by You without the prior written consent of Pink.
(i) Transfer: For PinkATLAS, PinkSCAN, PinkREADY and PinkSELECT: If the individual to whom Pink issued the Authentication ID and Password leaves the Organization, You may name another employee, agent or contractor to take such individual’s place for the balance of the Term or Renewal Term, as applicable, by giving written notice to Pink of the alternate individual. For OnlineEDUCATION and PinkBOOKCASE: If the individual to whom Pink issued the Authentication ID and Password leaves the Organization, the balance of the subscription will expire and cannot be reassigned or transferred to another employee, agent or contractor. Subscriptions are not transferable.
(j) Governing Law: This Agreement shall be governed by, and construed and enforced in accordance with, the laws in force in the State of New York, USA (excluding any conflict of laws rule or principle which might refer such construction to the laws of another jurisdiction). Subject to Section 14, the Parties hereto agree to submit to the exclusive personal jurisdiction of the courts of the State of New York and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
(k) Waiver of Jury Trial: Subject to Section 14, each Party waives its right to a jury trial in any court action arising among the parties, whether under this Agreement or otherwise related to this Agreement, and whether made by claim, counterclaim, third party claim or otherwise. The agreement of each Party to waive its right to a jury trial will by binding on its successors and assignees.
(l) Severability: If any provision (or any portion of a provision) of this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision (or portion of a provision) had never been contained herein in regards to that particular jurisdiction.
(m) United Nations Convention: The Parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and any local implementing legislation related thereto.
(n) Press Releases: The Parties may not disclose the existence of this Agreement or the relationship between the Parties, unless the Parties mutually agree to do so in a joint press release. If a Party is obligated to issue a press release due to regulatory requirements, the other Party shall not prevent the issuance of such press release provided that such Party has an opportunity to review such press release and that the contents of such press release are factually accurate. Notwithstanding the preceding, Pink may include the name of the Organization in its marketing materials and the fact that the Organization is a customer of Pink’s PinkONLINE Services.

By using the PinkONLINE Services, You agree: (1) that You have read and understood the terms stated above; (2) you intend to form a legally binding contract between Pink and You; (3) a printout of the terms stated above will constitute a "writing" under any applicable law or regulation; and (4) You agree to abide by all the terms of the Agreement stated above.