Your use of the Firstwitit.com website (the "Site") is subject to these Terms of Use. Use of the Site, registering as a member on the Site ("Member"), or executing a transaction on the Site all constitute acceptance of these terms and conditions. Firstwitit.com may change, move, delete or add to the site frequently. We may amend these Terms and Conditions at any time by posting a revised version on our website at [http://www.Firstwitit.com/terms]. If there are changes that may be important to our users we will notify you using the contact information you provide, or when you next execute a transaction on the Site.

Member Accounts, Password and Security

Certain portions of the Site are available only to Members. If you become a Member, you will receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.

Use of the Site

By registering as a Member or otherwise using the Site:

• You represent that you are of legal age to form a binding contract and of legal working age, and are not a person barred from using the Site, under the laws of the United States or any other applicable law;

• If you are using the Site on behalf of your employer or any other party, you represent that you are authorized to do so; and

• You agree that if you register/use this site, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.

Other Conduct

You also agree to abide by the following rules for use of the Site.

• You may not use the Site in such a manner as to violate any applicable law;

• You may not use the Site or any Firstwitit.com hardware, software, or equipment for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to us or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination; and

• You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Firstwitit.com.

We reserve the right to modify any features of the Site at any time without advance notice. In the event either you or we terminate this Agreement for any reason, you remain liable for any fees incurred before such termination is effective. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR MEMBERS AND OTHER USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, or (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER MEMBERS OR USERS OF THE SITE, OURSELVES, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

Content

Products seen on the Site may have limited availability and are subject to supply. Descriptions, specifications, colors and pricing are subject to change at any time and without any notice. Prices displayed on the site are quoted in U.S. Dollars.

We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, although we may choose to do so, we are under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

Ownership

All materials on the Site that are created or provided by Firstwitit.com, including text, graphics, logos, icons, and images, are the property of Firstwitit.com or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Firstwitit.com and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without our prior written consent. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. FIRSTWITIT is the trademarks of Firstwitit.com. The other trademarks, service marks, and logos used on the Site are trademarks of Firstwitit.com or others.

Equitable Relief

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Firstwitit.com shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES

THE SITE AND THE INFORMATION ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIRSTWITIT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FIRSTWITIT.COM MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, "TROJAN HORSES," OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED; or (e) WITH RESPECT TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR ADVERTISED ON THE SITE. No information or advice obtained through the Site, or any other affirmation of Firstwitit.com, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Firstwitit.com assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other website to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site. Firstwitit.com does not provide refunds for fees paid to it for any reason.

IN NO EVENT SHALL THE LIABILITY OF FIRSTWITIT.COM ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED $100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL FIRSTWITIT.COM BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON FIRSTWITIT.COM IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME. "Consequential damages" include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

Firstwitit.com shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond the reasonable control of Firstwitit.com, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless Firstwitit.com, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Governing Law

These Terms of Use shall be governed by and construed under the laws of the State of Louisiana, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Louisiana state courts and the United States federal courts in New Orleans, Louisiana and you agree to submit to personal and exclusive jurisdiction of these courts.

General Provisions

All the terms of these Terms of Use shall apply to and bind the assignees and successors in interest of you and Firstwitit.com. The waiver by Firstwitit.com of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.