Congratulations on your purchase of a Vizit™ device! Your purchase of a Vizit device is subject to the applicable provisions stated in this document, and includes an account at VizitMe.com subject to the applicable provisions stated in this document.

Before entering the VizitMe.com™ site or using any services or products from Isabella Products, Inc. (“Isabella”), you must carefully review the Terms and Conditions set out herein (the "Terms"). In addition, specific pages on the VizitMe.com site (including but not limited to the Vizit Device Safety Instructions) or the applicable data plan subscription agreement may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but the most recent version is posted here. In case of any inconsistency between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms supersede and control. Check this page periodically to make sure you are up to date.

Please review the VizitMe.com Privacy Policy, which also governs your visits to the VizitMe.com site, to understand our practices. If you visit the Vizit.Me.com site, you accept our Privacy Policy.

By activating the Vizit device or entering and using VizitMe.com, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Isabella that you will use the Vizit device and VizitMe.com only in a manner consistent with these Terms. Use of the Vizit device and the VizitMe.com site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Vizit device or the Service.

(a) VizitMe.com is a website for personal use only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

THE SERVICE IS FOR [END USER'S] USE ONLY AND [END USER] MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.

(b) A VizitMe.com membership ("Membership") is available to persons at least 13 years of age who submit certain requested information to Isabella (or the Service) including their name and correct email address (a “Member”). As a condition of being a Member, you agree to submit true, accurate, current, and complete information when such information is requested by the Service (whether by questionnaires, surveys, and registration forms, or other informational requests).

(c) A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as

(i) purchasing a Vizit photo plan and creating a photo account on VizitMe.com; or

(ii) using the Service to view or transmit photos through the Service; or

(iii) purchasing merchandise, including printed items, through the Service at least once every 365 days.

Purchases through Isabella third-party advertisers, do not count towards Active Participation. If you cease Active Participation for any reason, Isabella may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively "Content") sent in by you or otherwise made available by you within the Service.

VizitMe.com offers storage of online photos to Members who maintain Active Participation. When you send image Content to the Service, the resolution of Content stored on VizitMe.com may be altered or reduced. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.

(a) The Service allows the user, subject to the additional terms of any applicable subscription agreement, to process, print, digitize, store, share and otherwise use (collectively "Process") photographs. Users of the Service, whether or not Members, may not use the Service, however, to Process materials defined as Prohibited Content. Generally, Prohibited Content includes Content or other material that Isabella in its sole discretion determines:

(i) is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

(ii) comprises copyrighted material used without the express permission of the owner;

(iii) violates or otherwise encroaches on the rights of others;

(iv) contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);

(v) advocates illegal activity;

(vi) harms anyone, including minors; or,

(vii) provides a link to any of the above.

(b) Isabella has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Isabella does not examine or otherwise review all Content submitted or transmitted to the Service, Isabella may delete, move, and edit Content for any reason, at any time, without notice.

(c) All Content (whether private or public) that is Processed on the Service is the sole responsibility of the person who submitted it.

(d) By accessing the Service, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.

(e) Isabella in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

(f) The Service may offer Members the right to establish group rooms, shared rooms, or other similar capabilities (collectively “Group Rooms”), at the option and subject to Isabella terms of use for the Service. If a Group Room involves a Member-specific URL, that uses the domain “VizitMe” or “Isabella”, Isabella may revoke the right to use that URL for any reason deemed appropriate by Isabella in its sole discretion. Isabella owns and retains all right, title and interest in the use of the VizitMe.com trademark, service mark or proprietary interest in association with Group Rooms.

As a convenience to Members, Isabella (or the Service) may make third-party software (“Third Party Software”) available through the Service, including by downloading. To use Third Party Software, you will agree to the terms and conditions imposed by the Third Party Software provider. The agreement to use Third Party Software will be solely between you and the Third Party Software provider. Isabella makes no representations or warranties concerning and is not liable or responsible in any manner for any performance, effectiveness or other aspect of Third Party Software.

(a) When you use the Service, you become a participant in an online community of people who enjoy photography. In order for the Service to make your photos available to you and your audience of persons who receive your photographs on the Vizit device or otherwise, as well as to use images to offer you a special variety of online services, Isabella needs the rights to make use of all Content on the Service in accordance with and subject to these Terms. Accordingly, as a condition to your Membership you hereby grant Isabella a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for providing or improving the Service. As a condition to Membership, you represent and warrant to Isabella that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

(b) The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

(c) If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Isabella has a process in place to respond to your concerns. Please see Contact Us About Copyright Infringement Claims at the end of this document.

By activating your Vizit device, you are expressly agreeing that we are authorized to charge you a recurring subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service to the credit card (“Payment Method”) you provided during purchase (or to a different Payment Method if you change your account information). YOUR PAYMENT METHOD WILL BE BILLED IMMEDIATELY UPON ACTIVATION. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, where applicable. The subscription fee will be billed at the beginning of your subscription and on a recurring basis thereafter unless and until you cancel your subscription. If you are on a BASIC photo plan you will be billed monthly. If you are on a PREMIUM photo plan, you will be billed once at time of purchase. We will automatically bill your Payment Method on the calendar day corresponding to the commencement of your subscription. In the event your subscription began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st and you are on the BASIC photo plan, your Payment Method would next be billed on February 28th. ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We may change the fees and charges in effect, or add new fees and charges from time to time, at any time in our sole discretion, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information at the VizitMe.com Web site or by calling Customer Care. If your Payment Method reaches its expiration date, it is your responsibility to notify Isabella and/or update your Payment Method information, and your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Isabella will attempt to notify you by email when you are approaching your usage limit for your photo plan period, but regardless of whether or not such email notification is successfully made or attempted, Isabella may suspend your plan as provided herein. Isabella will suspend your BASIC photo plan until your next billing period once your limit is reached. Isabella will suspend your PREMIUM photo plan once your limit is reached until you purchase a new photo plan. Isabella will attempt to notify you by email if the credit card your photo plan is billed to is declined or expiring, but regardless of whether or not such email notification is successfully made or attempted, Isabella will suspend your photo plan at the end of the currently paid period. Isabella will terminate your VizitMe.com account 1 yr after your photo plan is suspended.

Your Vizit BASIC subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us upon activation (or to a different Payment Method if you change your account information). You can find the specific details regarding your subscription at anytime on the VizitMe.com Web site. Your Vizit PREMIUM subscription will continue in effect until your usage limit is reached or for up to 1 year from the date of purchase, whichever occurs first.

The Services (including without limitation, eligibility requirements, photo plans, pricing, features and/or service areas) are subject to change without notice. You authorize us to provide information about and to make changes to your account, including adding new services, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.

You may cancel your Vizit subscription at any time, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. If you have purchased a PREMIUM photo plan and cancel within 30 days, you will be refunded the difference between (i) the price paid and (ii) $5.99. IF YOU CANCEL A PREMIUM PHOTO PLAN AFTER 30 DAYS, NO REFUNDS OR CREDITS WILL BE GIVEN. To cancel, you must call Customer Care at (866) 587-0992. We reserve the right to terminate your account for any or no reason.

There is a limited period of time (“Return Period”) during which you can return a newly purchased Vizit device. The Return Period is 30 days from the purchase date. In order to receive a refund of the purchase price of your Vizit device (minus any shipping and rebates and restocking fees), you must return it in “like-new” condition along with its original packaging and contents.

RETURNING YOUR VIZIT DEVICE DOES NOT AUTOMATICALLY CANCEL YOUR VIZIT SERVICE. YOU MUST CALL CUSTOMER CARE AT (866) 587-0992 TO DISCONTINUE BILLING FOR THE SERVICE.

If your Vizit device is lost or stolen (a “Lost Vizit”) you will not be liable for unauthorized airtime charges incurred on the Lost Vizit if you: (a) notify us immediately; (b) ask us to deactivate the Lost Vizit; and (c) provide within 14 days any documentation we request, including a police report.

Your Vizit device operates as a radio and the Service is only available when your Vizit device is within range of an antenna providing the Service. Coverage maps only approximate our wireless coverage area. Actual service area, coverage, and quality may vary and change without notice. There may be gaps in the Service within the estimated coverage areas shown on coverage maps. Even within a coverage area, factors, such as: network changes, emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, your equipment, interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with actual service, quality, and availability. We may impose usage or other limits to the Service or cancel or suspend the Service, or block certain types of messages at our discretion. Limitations of liability set forth herein govern unless they are prohibited by applicable law. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE.

[END USER] UNDERSTANDS THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. THE UNDERLYING CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, THE [END USER] RELEASES, INDEMNIFIES AND HOLDS THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON'S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.

We may periodically program your Vizit device remotely. You agree that you will not make any modifications to the Vizit device to enable the Vizit device to operate on any other system.

[END USER] HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE DEVICE AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME.

ISABELLA DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, of the Services. It is your responsibility to maintain your password in a confidential fashion, and Isabella shall have no liability or responsibility for the unauthorized use of the Services by someone using your password.

[END USER] UNDERSTANDS THAT COMPANY AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.

This is a limited warranty that applies to the Vizit device only, and is subject to limitations contained in this document.

This warranty extends only to the person or entity (hereinafter “Customer”) listed as the original purchaser of the Vizit device for use (not resale). This warranty may not be assigned or transferred to any subsequent purchaser or user. Only Customer and no other person or entity, is entitled to the benefit of this warranty.

This warranty covers all parts of the Vizit device, except any housing and cosmetic parts. Vizit, as used in this warranty, means the wireless device provided to Customer by Isabella, either (a) new, or (b) as a replacement pursuant to the terms of this warranty by Isabella, but excluding (i) any replacement equipment or repaired equipment provided to Customer at Customer's additional cost or otherwise provided to Customer outside the scope of this warranty (“Isabella Excluded Equipment”), even if such Isabella Excluded Equipment is provided by Isabella or (ii) any software, hardware, parts or equipment provided by any party other than Isabella for use with the Vizit device (collectively with the Isabella Excluded Equipment, the “Excluded Equipment”). Any and all Excluded Equipment is excluded from this warranty.

The warranty for the Vizit device extends for ninety (90) days (“Warranty Period”) beginning on the date Customer activates the first account on VizitMe.com or the date the Customer receives the Vizit device, whichever is earlier. The Warranty only covers the Vizit device until the end of the Warranty Period, no matter when or in what condition the Vizit device is provided to Customer, and does not cover any Vizit device after the termination of the Warranty Period. If a replacement or repaired Vizit device is provided to Customer by Isabella under the terms of this Warranty, that Vizit device is warranted under the terms of this warranty only for a period equal to the time remaining on the Warranty Period of the original Vizit device.

Isabella warrants that the covered portions of the Vizit device purchased by Customer, when shipped by Isabella, conform in all material respects to Isabella's applicable specifications. During the Warranty Period, Isabella will repair or replace, at Isabella's option, any defective parts of the Vizit device that will not operate in accordance with Isabella's specifications, unless Isabella determines that the defect or damage is caused by or is the result of use other than as intended by Isabella or other than in conformity with Isabella's instructions, abnormal use or conditions including exposure to liquids; mishandling, mistreatment, improper storage, misuse, neglect, accident; other acts that are not the fault of Isabella or the manufacturer of the Vizit, including damage caused by shipping; modifications, alterations, or repairs performed by any party other than Isabella, unless authorized in writing by Isabella. No charge will be made to Customer for any parts repaired or replaced. Isabella will pay for the labor charges incurred by Isabella in repairing or replacing the defective parts. Isabella may also, at its sole discretion, send Customer a new or refurbished replacement device. At Isabella's option, if Isabella determines that repair or replacement is impractical, Isabella may instead provide Customer with a refund for the purchase price of the Vizit. Isabella will not pay the cost of rental or alternative equipment or any other expenses other than as expressly indicated above.

If a problem with the Vizit device develops during the Warranty Period, the warranty requires Customer to promptly notify Isabella of such problem before the expiration of the Warranty Period by calling Isabella Products Customer Care at (866) 587-0992. Customer must comply with all instructions provided by Isabella Customer Care with respect to packaging, shipping and returning the Vizit device. Any Vizit device returned to Isabella under this warranty must be accompanied by proof of purchase and all original packaging and documentation plus Return Merchandise Authorization shipping labels.

The warranty in this Section does not apply if Customer fails to notify Isabella of any problems during the Warranty Period or fails to follow the instructions provided by Isabella.

Except for the express limited warranties stated in this document, to the extent permitted under applicable law, Isabella and its affiliates expressly disclaim any warranty of any kind, whether express or implied, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Isabella makes no warranty that (i) the Service will be available in a manner that is uninterrupted, timely, secure, error free, virus free or free of harmful components, (ii) the service will meet your requirements, or (iii) that content made available on or through the Service does not include errors or omissions in such content, or (iv) that content will not damage or incur loss or damage. You are solely responsible for any damage to your computer system or loss of data that results from your use of the Service. Some states do not allow limitations on how long an implied warranty lasts, so the above disclaimer may not apply to you. IN NO EVENT SHALL ISABELLA BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through us; (c) damage or injury caused by the use of a Vizit device or the Service; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of service by Isabella.

Isabella does not authorize anyone to make any warranty of any kind on Isabella's behalf, and you should not rely on any such statement. Any statement made in packaging, any manual or other document, or by any dealer (except for the limited warranty provided in this document) are for informational purposes only and is not a warranty by Isabella of any kind.

To the fullest extent permitted by law, the remedy set forth in the section above entitled “Warranty Coverage” is your sole and exclusive remedy.

To the fullest extent permitted under law, Isabella has no obligations or liability whether arising in contract, warranty, tort, including negligence, product liability, strict liability or otherwise for any direct, incidental, indirect, special or consequential damages or liabilities (including any loss of data, revenue or profit) arising with respect to you use of the Vizit device or the Service, even if you have advised Isabella of the possibility of such damages. This limitation applies to damages arising from (i) use or inability to use the Vizit device or the Service, (ii) cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your transmissions by third parties, (iv) third party content made available through the Service, or (v) any other matter relating to the Service or the Vizit device. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. You may have other rights which vary from state to state.

[END USER] HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND [END USER] IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND UNDERLYING CARRIER. [END USER] UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO [END USER]. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, [END USER's] EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY [END USER] FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.

To the fullest extent allowed by law, you agree to release, indemnify, defend and hold harmless Isabella, its licensors, officers, suppliers, employees, directors, information providers, data plan network carriers, third-party partners, agents and affiliates from and against any loss, claim, liability, expense, damages or cost arising out of your use of the any Isabella product including without limitation the Vizit Device, or any Isabella service including without limitation the VizitMe.com Service, or your breach of these Terms, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF ISABELLA. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third-parties and those incurred in establishing whether this provision applies.

[END USER] AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE VIZIT EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.

Isabella may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Isabella or (ii) conduct Isabella believes is harmful to other users, the business of Isabella or its affiliates, or (iii) failure to maintain Active Participation in the Service. Isabella will not be liable to you or any third-party for any termination of your access to the Service.

“Vizit”, “VIZIT SEE.TOUCH.FEEL” and “VIZITME.COM” are trademarks of Isabella. The VizitMe.com site, including but not limited to its graphics, logos, page headers, scripts and service names constitute trade dress of Isabella. The Isabella trademarks, service marks and trade dress may not be used or reproduced without prior written approval from Isabella and may not be used by you in connection with any product or service that is not affiliated with Isabella in any way, including without limitation in any manner that is likely to cause confusion among customers, that dilutes the rights of Isabella, or disparages or discredits Isabella. Other trademarks that appear on the VizitMe.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Isabella. Any images of persons or personalities contained on the VizitMe.com web site are not an indication or endorsement by Isabella or any particular product unless otherwise indicated.

You agree to arbitrate any disputes related to the Vizit device, VizitMe.com Service or these Terms if we are unable to resolve the dispute (a “Claim”) through discussion and mediation. You agree to submit any Claim to final, binding arbitration before the American Arbitration Association (“AAA”). This agreement to arbitrate also requires you to arbitrate claims against other parties relating to Services or Isabella products provided or billed to you, including suppliers of Services and products and our retail dealers, if you also assert Claims against us in the same proceeding. You acknowledge that this agreement to arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms. Before instituting arbitration, you agree to provide us with an opportunity to resolve your Claim by sending a written description of your Claim to us at Isabella Products, Inc., 9 Damonmill Square, Suite 4a, Concord, MA 01742, and negotiating with us in good faith regarding your Claim. If we are not able to resolve your Claim within 30 days of receipt of your notice, then either you or Isabella, instead of suing in court, may initiate arbitration proceedings with the AAA. You must serve notice at our address noted above. Arbitration will be conducted under the AAA published wireless industry arbitration rules and supplemental procedures for consumer-related disputes, which are available at www.adr.org or by calling the AAA at 800-778-7879. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees and administrative expenses; each party shall pay its own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and these Terms. An arbitrator may issue injunctive or declaratory relief but only applying to you and Isabella and not to any other customer or third-party. As a limited exception to the agreement to arbitrate, it is agreed that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. A printed version of these Terms and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Regardless of any statute or law to the contrary, any Claim arising out of or related to the Vizit device, the VizitMe.com Service or any product or service distributed through Isabella under these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

Neither party may bring any legal action or claim against the other in any capacity other than an individual capacity and not as a class representative or a class member in a class or representative action. Notwithstanding the foregoing, if a court or arbitrator determines in a claim between Isabella and you that your waiver of any ability to participate in a class or representative action is unenforceable under applicable law, the arbitration agreement will not apply, and both parties agree that such claims will be resolved in the Federal District Court for Massachusetts if federal jurisdiction is available and if not in the Superior Court of the Commonwealth of Massachusetts, Middlesex County.

You waive any right to jury trial involving any claim or dispute with Isabella.

This Agreement is governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflicts of laws provisions or any international law.

The Superior Court for Middlesex County in the Commonwealth of Massachusetts and United States federal courts for the Commonwealth of Massachusetts are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms that are not subject to the agreement to arbitrate set forth above. You consent to personal jurisdiction and venue by the state and federal courts for the Commonwealth of Massachusetts.

Isabella may assign all or part of our rights or duties under these Terms without such assignment being considered a change to the Terms and without notice to you, except to the extent provided by law. Isabella is then released from all liability. You may not assign the Terms without our prior written consent. Subject to these restrictions, these Terms will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive their benefits.

All provisions of these Terms are independent of each other and if any provision of these Terms is held inapplicable or unenforceable, then (a) that term or provision is construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and effect, (b) the Terms will not fail their essential purpose, and (c) the remaining provisions remain unaffected and in full force and effect, unless our obligations are materially impaired, in which event Isabella may terminate the Terms. All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The failure of Isabella to exercise or enforce any provision or provisions of these Terms will not constitute a waiver of such provision or provisions.

You can report abuse of these Terms by using the 'Contact Us' link at IsabellaProducts.com or VizitMe.com.

You can contact us about copyright infringement claims by using the 'Contact Us' link at IsabellaProducts.com or by sending a letter to:

Isabella Products, Inc.
Isabella Copyright Office
9 Damonmill Square, Suite 4(a)
Concord, MA 01742
USA

These Terms constitute the entire agreement between you and Isabella governing your use of the Vizit device and Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Isabella Affiliate services, third-party Content, or Third Party Software. The original version of these Terms is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

To ensure you're viewing the most recent version of these Terms, click the link for the VizitMe.com Terms of Use at the bottom of the VizitMe.com home page when you are connected to the Internet.

“VIZIT”, “VIZITME.COM”, “VIZIT SEE.TOUCH.FEEL”, and the Vizit logo are trademarks and/or registered trademarks of Isabella Products, Inc. Other marks are owned by their respective owners.

© 2009 Isabella Products, Inc.

All rights reserved.

Patents Pending.

Software used in the Vizit device and VizitMe.com Service is based in part on the work of the Independent JPEG Group.

Contains Macromedia® Flash Lite™ technology by Adobe Systems Incorporated.

Copyright © 1995-2009 Adobe Systems Incorporated. All rights reserved. Macromedia, Flash, Macromedia Flash, and Macromedia Flash Lite are trademarks or registered trademarks of Adobe Systems Incorporated in the United States and other countries.

Adobe Systems, Inc., Adobe Systems Software Ireland, Ltd., (“Adobe”) and their licensees own the modified Adobe Flash software used in certain Isabella services and products. “Adobe”, “Flash”, “Adobe Flash”, and “Adobe Flash Lite” are trademarks and/or registered trademarks of Adobe.

The Vizit device is manufactured in China under license by Isabella Products, Inc.