Section 1 - Use of AsSeenOnTV

(a) Your use of AsSeenOnTV´s products, software, services and websites (referred to collectively as the "Services" in these terms and conditions is subject to the following terms and conditions of use and forms a legal agreement between you and AsSeenOnTV (hereinafter the "Terms of Use"). The Terms of Use shall include the AsSeenOnTV Privacy and Security Policy and the Additional Terms and Conditions (as described in Section 10 below) the terms of which are incorporated herein by reference. "AsSeenOnTV" means AsSeenOnTV, Inc. and its subsidiaries and affiliates, whose principal place of business is located at 2533 N Carson Street Suite 4434, Carson City, NV 89706.

(b) Before you may become a user of AsSeenOnTV Services and websites, you must read and accept all of these Terms of Use in, and linked to, this document and the Privacy and Security Policy (referred to below). We strongly recommend that, as you read these Terms of Use, you also access and read all linked information. These Terms of Use (as they may be amended from time to time) are effective on acceptance for all users.

(c) You acknowledge and agree, that your use of AsSeenOnTV services will always include the terms and conditions set forth in this documents and any terms and conditions developed by AsSeenOnTV of which you are notified or which become a part hereof by your acceptance. These Terms of Use and any additional terms will be accessible for you to read either within, or through your use of, any Service. We recommend that, before you continue, you print or save a copy of the Terms of Use for your records.

Section 2 - Acceptance of Terms of Use

(a) Prior to your use of any of the Services, you must first acknowledge and agree to the Terms of Use. You may not use the Services if you do not accept the Terms of Use.

(b) You can accept the Terms of Use by one of the following:

(i) clicking to accept or agree to the Terms of Use, where this option is made available to you by AsSeenOnTV in the user interface for any Service; or

(ii) by your actual use of the Services. In this case, you understand and agree that AsSeenOnTV will treat your use of the Services as acceptance of the Terms of Use and rely on such acceptance in providing any such Service to you.

(c) You may not use the Services and may not accept the Terms of Use if (i) you are not of legal age to form a binding contract with AsSeenOnTV, (ii) you are a person barred from receiving the Services under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Services, or (iii) you are temporarily or indefinitely suspended from any AsSeenOnTV website or from use of any of the Services.

Section 3 - Use of Services; Acknowledgments

(a) While using AsSeenOnTV, you covenant and agree:

(i) that you will not (A) violate any laws, third party rights, or our policies such as the Privacy and Security Policy; (B) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (C) distribute viruses or any other technologies that may harm AsSeenOnTV, or the interests or property of AsSeenOnTV users; (D) copy, modify, or distribute content from the AsSeenOnTV websites and AsSeenOnTV's copyrights and trademarks; or (E) harvest or otherwise collect information about users, including email addresses, without their prior consent;

(ii) in order to access certain Services, you may be required to provide personal information (such as name, address and other contact information) as part of the registration process, or as part of your continued use of the Services. You further covenant and agree that any personal information you provide to AsSeenOnTV will be accurate, correct and current;

(iii) to use the Services only for purposes that are permitted by (A) the Terms of Use and (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries);

(iv) not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by AsSeenOnTV, unless you have been specifically authorized to do so in a separate written agreement with AsSeenOnTV. You specifically agree not to access (or attempt to access) any of the Services through any automated means;

(v) that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);

(vi) that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose; and

(vii) that you are solely responsible for (and that AsSeenOnTV has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which AsSeenOnTV may suffer) of any such breach.

(b) You acknowledge and agree:

(i) that the form and nature of the Services which AsSeenOnTV provides may change from time to time without prior notice to you; and

(ii) that AsSeenOnTV may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AsSeenOnTV´s sole discretion, without prior notice to you; and

(iii) that you may stop using the Services at any time without notice to AsSeenOnTV.

Section 4 - Use of Personal Information

In the normal course of doing business, it is frequently necessary for us to request from you personal information that may be used to identify you. We also use your e-mail address or other personally identifiable information for the purpose of processing and administering purchases through us, including subscriptions (and trial subscriptions), to bill and collect payments, to respond to your inquiries. You acknowledge and understand that through your access of the AsSeenOnTV websites and use of the Services, you consent to the collection and use (as set forth in the Privacy and Security Policy) of your personal information, including the sale, transfer and/or dissemination of this information to third parties.

Your submission of such personal information to AsSeenOnTV is always voluntary; provided, however, certain information may be obtained and used just by your access to the AsSeenOnTV websites. You acknowledge and agree that your personal information is subject to and may be sold, transferred or otherwise disseminated in accordance with our Privacy and Security Policy. For more information, see the full Privacy and Security Policy at http://www.asseenontv.com/privacy_security_policy.html

Section 5 - Content

(a) You acknowledge and understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is hereinafter referred to as the "Content".

(b) You further acknowledge and agree that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights which are owned by the advertisers and manufacturers who provide that Content to AsSeenOnTV (or by other persons or companies on their behalf). You covenant and agree that you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically granted rights to do so by AsSeenOnTV or by the owners of that Content, in a separate written agreement.

(c) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by AsSeenOnTV on the Services is subject to change without specific notice to you. In consideration for AsSeenOnTV granting you access to and use of the Services, you agree that AsSeenOnTV may place such advertising on the Services.

(d) The Services may include hyperlinks to other websites, content or resources. AsSeenOnTV may have no control over any web sites or resources which are provided by companies or persons other than AsSeenOnTV. You acknowledge and agree that AsSeenOnTV is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

(e) You understand and agree that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

Section 6 - Proprietary Rights

(a) You acknowledge and agree that AsSeenOnTV (or AsSeenOnTV´s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

(b) Unless you have agreed otherwise in writing with AsSeenOnTV, nothing in the Terms of Use gives you a right to use any of AsSeenOnTV´s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

(c) You covenant and agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by AsSeenOnTV, you agree that in your use of the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Section 7 - Termination; Survival of Terms of Use

(a) You agree that AsSeenOnTV may under any circumstances and without prior notice temporarily or indefinitely suspend you from any AsSeenOnTV website or from use of any of the Services.

(b) You acknowledge and agree that all of the legal rights, obligations and liabilities that you and AsSeenOnTV have benefited from, been subject to (or which have accrued over time whilst the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 4, 8, 9, 10, 11, 12 and 13 shall continue to apply to such rights, obligations and liabilities indefinitely.

Section 8 - Disclaimer of Warranties

(A) NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT ASSEENONTV´S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(B) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

(C) ASSEENONTV IS NOT RESPONSIBLE FOR EVENTS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO UNAVAILABILITY OF PRODUCTS OR UNAVAILABILITY OF THE ASSEENONTV WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSEENONTV OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SPECIFICALLY, ASSEENONTV MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT:

(I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

(II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

(III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

(IV) THAT DEFECTS IN THE QUALITY, OPERATION OR FUNCTIONALITY OF ANY OF THE PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS.

(D) ASSEENONTV FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Section 9 - Additional Terms and Conditions Applicable to Product Testing Program, Bonuses and Other Promotions

If you have elected to participate in the AsSeenOnTV product testing program or registered for any bonus, gift or other promotion set forth on an AsSeenOnTv website, you acknowledge and agree that you will be subject to the terms in these Terms of Use, the Privacy and Security Policy and AsSeenOnTV´s Additional Terms and Conditions. For more information, see the full text of the Additional Terms and Conditions at http://www.asseenontv.com/additional_terms_conditions_promotions.html

Section 10 - Limitation of Liability

(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASSEENONTV AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:

(I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR MANUFACTURER WHOSE ADVERTISING APPEARS ON THE WEBSITES; (2) ANY CHANGES WHICH ASSEENONTV MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (4) YOUR FAILURE TO PROVIDE ASSEENONTV WITH ACCURATE PERSONAL INFORMATION; (5) YOUR USE OR THE INABILITY TO USE THE ASSEENONTV WEBSITES, (6) YOUR USE OR INABILITY TO USE ANY OF THE PRODUCTS PURCHASED ON THE ASSEENONTV WEBSITES; (7) YOUR RELIANCE ON STATEMENTS MADE BY MANUFACTURERS THAT APPEAR ON THE ASSEENONTV WEBSITES; OR (8) YOUR ABILITY TO ACCESS OR THE AVAILABILITY OF OR TO EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE ASSEENONTV WEBSITES), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, PRODUCTS, CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT OR RESOURCES.

(B) THE LIMITATIONS ON ASSEENONTV´S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ASSEENONTV HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Section 11 - Indemnification

You will indemnify and hold AsSeenOnTV (and subsidiaries and affiliates and our respective officers, directors, agents, joint ventures and employees), harmless from any costs, expenses, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach or violation of the Terms of Use, your use of the Services, or your violation of any law or the rights of any third party.

Section 12 - Changes to the Terms of Use

(a) You acknowledge and understand that AsSeenOnTV may make changes to the Terms of Use from time to time. When these changes are made, AsSeenOnTV will make a new copy of the Terms of Use available at http://www.asseenontv.com/general_terms_of_use.html and any new terms will be made available to you from within, or through, the affected Services.

(b) You understand and agree that if you use the Services after the date on which the Terms of Use have changed, AsSeenOnTV will treat your use as acceptance of the updated Terms of Use.

Section 13 - Miscellaneous

(a) These Terms of Use (as they are amended from time to time), the Security and Privacy Policy and the Additional Terms and Conditions set forth the entire agreement between you and AsSeenOnTV with respect to the subject matter hereof and supersedes all previous agreements and understandings, whether oral or written, relating to such subject matter.

(b) If any provision, term or condition of these Terms of Use is found invalid or unenforceable, the remaining provisions will be given effect as if the invalid or unenforceable provision were not a part of the Terms of Use.

(c) The substantially prevailing party in any judicial action brought to enforce the provisions of these Terms of Use shall be entitled to recover their costs and expenses from the losing party, including reasonable attorneys´ fees, incurred in the preparation for, investigation of and the filing and prosecuting or defending such action.

(d) You agree that if AsSeenOnTV does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which AsSeenOnTV has the benefit of under any applicable law), this will not be taken to be a formal waiver of AsSeenOnTV´s rights and that those rights or remedies will still be available to AsSeenOnTV.

(e) You agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

(f) These Terms of Use shall be governed by the laws of the State of New York, without regard to conflicts of law rules. You agree that regardless of any statute or law to the contrary, any legal actions against AsSeenOnTV shall be commenced within one (1) year of the date on which the incident or action occurred that serves as the basis for the claim(s) or the same shall be forever barred. You and AsSeenOnTV understand and agree that all claims against the Company shall be brought in the New York State Supreme Court in the County of Monroe or the United States District Court of the Western District of New York in Rochester, New York. You and the Company agree to submit to the personal and exclusive jurisdiction of these courts and waive any objections to venue or forum.