Terms & Conditions

Effective Date: April 12, 2009

Why-The-Heck.com Terms and Conditions

Welcome to the Why-The-Heck.com, a wholly owned property of Nota
Bene Holdings, Ltd., ("WTH", "we" or "us") website ("Website"). The
Website provides a service ("the Service") which permits users to receive
copies of books within the WTH book series. In order to use the Service,
you must agree to WTH's terms and conditions ("Agreement") before you
may access and / or use the Website or Service.

PLEASE READ THIS AGREEMENT CAREFULLY.

By accessing and using the Website or Service, you represent and warrant
that you are more than thirteen (13) years of age and that, if you are
under eighteen (18) years of age, your legal guardian has agreed to be
bound with you by this Agreement. Otherwise, you represent and warrant
that you are at least eighteen (18) years of age and that you have the
right, authority and capacity to agree to this Agreement and to abide by all
of its terms and conditions.

Terms of Sale:

Purchase: Books purchased from WTH will be delivered by email as an
attachment. Please make sure that any spam filters that you have are set
up to allow messages from whytheheck.com in order to make sure that you
receive your purchase in a timely manner.

Returns: WTH feels strongly about its products and guarantees your
satisfaction. WTH will accept returns if, and only if, you contact WTH
within ninety (90) days of the date of your purchase via electronic mail to
returns [AT] why-the-heck.com detailing the following information:

(a) The date of your original purchase;
(b) Your purchase number; and
(c) The reason for your return.

Once the request has been received and processed by WTH, you will
receive a refund of the purchase price less any applicable shipping and
handling.

Problems with Files: WTH wants you to enjoy your purchase. If you are
unable to view the file that is sent to you, please contact WTH
immediately so that we can correct the problem and send you a copy that
you can read and enjoy.

Registration: Registration with WTH is required in order to use the
Service. When you register, you agree to provide accurate, current and
complete information about yourself ("Registration Information"). You also
represent that we may rely on your Registration Information as being
accurate, current and complete. All information collected is treated as
described in our Privacy Policy, which can be found at:
www.Why-The-Heck.com/privacy.html. WTH reserves the right to refuse
to fulfill your order for inaccurate, deceptive and / or incomplete
Registration Information.

Limited Non Exclusive Licenses: By using the Service and purchasing
one or more of the books available on the Website, you are granted a non
exclusive, non transferable, limited license to retain a single copy of the file
in electronic or printed form containing the book you have purchased
("Book License"). This Book License does not permit resale, transfer,
reproduction, distribution, display, performance or creation of derivative
works using the book, in whole or in part, to any third party without prior
written permission from WTH. If you would like permission to use a portion
of this book on your website, article or other media with appropriate
attribution, you may contact WTH at support [AT] Why-The-Heck.com for
permission.

You are also granted a non exclusive, non transferable, limited license to
access and use the Website or Service in accordance with the Agreement
("General License"). This General License may be revoked at any time at
the sole discretion of WTH. The General License permits you to access and
use the Website or Service for your own personal use. No part of the
Website or Service may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical. The General License
specifically prohibits you from copying, emulating, renting, leasing,
decompiling, transferring, disassembling, cloning, attempting to discover
the source code for or reverse engineering the Website or Service or any
portion thereof.

In addition, your General License specifically prohibits you from using any
software, device or routine to interfere with the normal or proper working
order of the Website or Service. You may not engage in any action which
creates an unreasonably large load on WTH's infrastructure. Unauthorized
access to the Website or Service breaches this Agreement and is a
violation of applicable law.

Legal Disclaimers: WTH is not a lawyer, nor does it purport to offer legal
advice. The books available on the Website and through the Service are
written by attorneys and are the opinions of those attorneys, but nothing
contained on this Website or in the books should be construed as legal
advice nor does it contain any representations that may be reasonably
relied upon. The information on this Website and in the books is intended
for general information purposes. You should neither act nor refrain from
acting based upon the information provided therein without specific legal
counsel regarding your situation.

Further, the information found on this Website or in the books sold by the
Service does not create and is not intended to create, and receipt or
viewing of this information does not constitute an attorney client
relationship. Sending an email or submitting a web form found on this
website also does not form an attorney client relationship. As such, please
do not send confidential information. Such information may not be
considered or treated as privileged and confidential.

Proprietary Rights: All of the content, organization, graphics, design,
compilation, magnetic translation, digital conversion, software, services,
computer coding and other matters related to the Website or Service, are
the sole property of WTH, except where specifically indicated. As such,
they are protected to the maximum extent permitted by copyright laws,
trademark laws, other proprietary laws (including, but not limited to,
intellectual property and trade secret laws) and international treaties.

Any content (including the books themselves) displayed on the Website or
Service is protected by copyright law and international treaties as an
original work, a compilation and a collective work. Any reproduction,
modification, creation of derivative works from or the distribution of the
Website or Service or the collective work and / or copying or in any way
reproducing the Website or Service or any portion thereof to any fixed
medium for reproduction or redistribution is prohibited without the express
written consent of WTH. Without limiting any of the specific rights or
prohibitions herein, you agree not to reproduce, duplicate, copy, sell or
exploit for any commercial purpose the Website or Service or any aspect or
portion thereof.

Privacy: Use of our Website or Service is governed by our Privacy Policy,
which can be found at: www.Why-The-Heck.com.com/privacy.html. Our
Privacy Policy may change from time to time and without notice. WTH
reserves the right to use your personal information in any manner
consistent with our Privacy Policy. Use of the Website or Service signifies
that you agree to subject your personal information to our Privacy Policy.

Indemnification: You agree to indemnify, defend and hold WTH, its
parents, subsidiaries and affiliates, and each of their respective officers,
executives, employees, owners, and authorized agents ("Covered Parties"),
harmless from any and all loss, liability, claims and/or demands (including
reasonable attorneys' fees, costs and settlement amounts) made by any
third party due to, or arising out of, your use of the Website or Service
and/or arising from your breach of this Agreement.

WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT
ACCESS AND/OR USE OF THE WEBSITE OR SERVICE IS AT YOUR SOLE
RISK. THE WEBSITE OR SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF
ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR
FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE OR SERVICE MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WTH AND
THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, WTH AND THE COVERED PARTIES
ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS
OF THE BARGAIN BETWEEN WTH AND YOU. THE WEBSITE OR SERVICE
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
WTH THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.

WTH IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT
LIMITATION, FOR: 1) 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 AND/OR MEMBER COMMUNICATIONS; 2) ANY
POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED
ON THE WEBSITE OR SERVICE WHETHER CAUSED BY WTH OR BY ANY OF
THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED ON
THE WEBSITE OR SERVICE; 3) ANY COMPUTER VIRUS OR OTHER
MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR
MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS.

THE MAXIMUM LIABILITY OF WTH AND THE COVERED PARTIES TO YOU OR
TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL
CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO
WTH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WTH
SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR
INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR
THROUGH THE WEBSITE OR SERVICE. IF YOU ARE DISSATISFIED WITH THE
WEBSITE OR SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR
SERVICE.

Third-Party Website or Services: The Website or Service may provide
hyperlinks, banner advertisements, pop-ups and/or other online methods to
redirect you to other third party Internet Website or Services and/or
resources. Because WTH has no control over such Website or Services
and/or resources, you hereby acknowledge and agree that WTH is not
responsible for the availability of such third party Website or Services
and/or resources. Furthermore, WTH does not endorse, and is not
responsible or liable for, any content, advertising, services, products
and/or other materials at or available through such third party Website or
Services or resources, or for any damages and/or losses incurred through
such Website or Services or other resources.

Copyright Claims: WTH respects the intellectual property rights of others
and takes any violation of those rights very seriously. If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide WTH's copyright agent with the following
information:

• A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed or,
in the case of multiple copyrighted works, a representative list of such
works.
• Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit WTH to
locate the material.
• Information reasonably sufficient to permit WTH to contact you, such as
an address, telephone number and, if available, an e-mail address at which
you may be contacted.
• A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent or under applicable laws.
• A statement that the information in the notification is accurate and,
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.

WTH's agent for notice of claims of copyright and other intellectual
property right infringement can be reached as follows:
By email: copyrightclaims [AT] Why-The-Heck.com.com

Dispute Resolution/Governing Law: This Agreement shall be treated as
though it were executed and performed in New York, New York and shall be
governed by and construed in accordance with the laws of the State of
New York (without regard to conflict of law principles).

Should a dispute arise concerning the terms and conditions of this
Agreement or the breach of same by either WTH hereto, the parties agree
to submit their dispute for resolution by arbitration before the American
Arbitration Association in New York City, in accordance with the then
current Commercial Arbitration Rules of the American Arbitration
Association. Any award rendered shall be final and conclusive to the parties
and a judgment thereon may be entered in any court of competent
jurisdiction. Nothing herein shall be construed to preclude any WTH from
seeking injunctive relief in order to protect its rights pending an outcome in
arbitration.

Severability: Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To the
extent that anything in or associated with, the Website or Service is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. WTH's failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce such
provision.

Force Majeure: We are not responsible for any loss, damages, costs,
claims or expenses which you may incur as a result of our delay in or failure
to perform our obligations where such delay or failure is due to causes
beyond our control. Causes beyond our control include: fire, flood,
earthquake, accident, civil disturbances, war, rationing or embargoes,
strikes, labor problems, delays in transportation, inability to secure
necessary materials, delay or failure of performance of any supplier or
subcontractor, acts of God and acts of Government

Legal Warning: Any attempt by any individual, whether a user or
otherwise, to damage, destroy, tamper with, vandalize and/or otherwise
interfere with the operation of the Website or Service, is a violation of
criminal and civil law and WTH will diligently pursue all remedies in this
regard against any offending individual or entity to the fullest extent
permissible by law and in equity.

Modifications: This Agreement is subject to change at any time, with or
without notice. All changes are effective upon their posting on the
Website. You agree that it is your responsibility to bookmark this page and
to check it frequently for updates to your Agreement with us. If you object
to any of the terms and conditions in the Agreement, if you become
dissatisfied with the Website or Service or any subsequent modifications to
the Agreement, your sole recourse is to immediately discontinue the use of
the Website and Service.