eVoteMAX TERMS OF SERVICE                      

These Terms of Use set forth a binding agreement between us and you, which binding agreement at all times governs and will govern your accessing and/or making use of all or any portion of the eVoteMAX software, systems, methodology, data, and/or outputs. By your accessing and/or using eVoteMAX or any portion thereof, you automatically agree to these Terms of Use in their entirety. If you do not agree to these Terms of Use in their entirety, then you are expressly prohibited from accessing and/or using eVoteMAX or any portion thereof.

These Terms of Use are subject to change without notice. Each such change shall be immediately and automatically effective as to the next usage made by you of the eVoteMAX website. Thus, you should plan on periodically checking the eVoteMAX website to make sure that you are aware of all terms that may be applicable at any given point in time.

As used in these Terms of Use, "us," "we," "our," or the like means ePayApp Services LLC, a Florida corporation having a principal office address of 1417 Escobar Avenue Spring Hill FL 34608, U.S.A. (separately referred to as "ePayApp").

As used in these Terms of Use, "you," "your," or the like means the entity accessing and/or using all or any portion of eVoteMAX. You represent and warrant to us that 1) you are of lawful age to enter and be bound by these Terms of Use, and that 2) all identifying information which you provide to us will be truthful and complete (and will be promptly updated to remain at all times truthful and complete throughout the duration of these Terms of Use).

1. Purpose. eVoteMAX is provided as a restricted-access online service accessible only through the Internet website www.EVOTEMAX.com. In order to access or make use of eVoteMAX, you must be either 1) a person or entity who has set up an account with us to have access for purposes of conducting an election, poll, survey, or other tally within or amongst a group of individual persons with whom you have some lawful business or associational interest, or 2) an individual person who is actually casting a vote or answering a query as part of an election, poll, survey, or other tally as aforesaid.

2. Property. eVoteMAX, the underlying software that operates it, the Internet website through which it is accessed, the screen displays used or generated in conjunction with it, the HTML used to generate any such displays, and all text, graphics, audio, and other content that make up all or any portion of the foregoing ("Content"), are the sole and exclusive property of ePayApp. You may not access, view, download, copy, post, publish, reverse engineer, decompile, disassemble, alter, modify, add to, delete from, or prepare derivative works from, any code that is part of the said underlying software. Similarly, you may not reproduce, post, publish, or prepare derivative works from any Content, other than your doing such downloading as is a necessary incident of accessing and making use of eVoteMAX. Notwithstanding any of the foregoing, you retain ownership of all data which you upload or enter as part of your accessing of eVoteMAX, and retain as well a royalty-free license in perpetuity as to all outputs generated by eVoteMAX displaying any compilation or other presentation as to your data.

3. Your Account. Access to and use of eVoteMAX requires that you first set up an account with us, as part of which account you will need to select a user name and password. In setting up such account, you must provide correct and complete identifying information and must keep all such information current throughout the duration of your account. Unless we so authorize in advance in writing, you may not sell or transfer your account to any third party, nor may you allow a third party to access your account. Notwithstanding the foregoing, you may allow third parties to access your account if each such third party is an individual person who is accessing your account in order to cast a vote or answer a query as part of an election, poll, survey, or other tally to which your account pertains.

4. Your Rights. Upon your registration and payment of the prescribed fee for having access to eVoteMAX and being granted a user name and password, and for so long thereafter as you abide by the various provisions set forth in these Terms of Use, we grant you a non-exclusive, non-transferable, revocable right to access and use eVoteMAX, provided that such access and use is only and solely for purposes of your conducting or participating in an election, poll, survey, or other tally within or amongst a group of individual persons with whom you have some lawful business or associational interest, except as may be otherwise expressly agreed to in advance in writing by us.

5. Prohibitions. You may not do or attempt any of the following:
   1) access eVoteMAX other than through the interfaces and instructions that we provide;
   2) breach, circumvent, or disable the security protections or authentication measures of our eVoteMAX website or of any computer system or network related thereto;
   3) probe, scan, or test the vulnerabilities of the eVoteMAX website or any computer system or network related thereto;
   4) interfere with the normal functioning of the eVoteMAX website or any computer system or network related thereto;
   5) make excessive usage of eVoteMAX that adversely affects the speed, responsiveness, and functionality of eVoteMAX for other users;
   6) interfere with others' use of eVoteMAX;
   7) upload to eVoteMAX, or post, link to, transmit, or otherwise cause to be displayed or associated with eVoteMAX, any content which is unlawful, harassing, threatening, false, misleading, obscene, vulgar, profane, defamatory, or in violation of the rights of any third party (including but not limited to copyright rights, trade secret rights, and any right of publicity or privacy), nor any material that would encourage or incite third parties to do any of the foregoing;
   8) upload any files to eVoteMAX for the purpose of having such files hosted by us and for use in transactions that are not part of the particular election(s), poll(s), survey(s), or other tally(ies) for which we are granting you access to eVoteMAX;
   9) upload any files to eVoteMAX that would use a substantially larger-than-normal amount of computer memory, unless with our prior written consent;
   10) access the data of any other person or entity who has an account on eVoteMAX;
   11) deploy to the eVoteMAX website or any computer system or network related thereto any robot, spider, site search/retrieval application, or any other code designed to surreptitiously retrieve, index, or data-mine any information originating with a third party;
   12) introduce into the eVoteMAX website or into any computer system or network related thereto any virus, malware, worm, Trojan Horse, trap door, time bomb, or other code that is capable of corrupting our own or any third party's website, system, or network or of destroying any data in same;
   13) engage the eVoteMAX website or any computer system or network related thereto in the generating of chain letters, spam, junk mail, or mass-mailings to persons with whom you have no pre-existing lawful business or associational interest;
   14) falsify or obscure your identity when sending any communication through eVoteMAX;
   15) forge any eVoteMAX TCP/IP packet header or any part of such header- information in any e-mail or newsgroup posting;
   16) use eVoteMAX to collect Social Security numbers or any other form of governmentally-issued personal-identifying number; credit, debit, or other payment card numbers; bank account or other financial account numbers; medical information; or passwords or other security codes meant for restricting access in any setting whether or not related to eVoteMAX;
   17) use eVoteMAX to collect personally identifiable information on minors except in compliance with the Children's Online Privacy Protection Act of 1998;
   18) use eVoteMAX to transmit any information or data in violation of any export-control law or regulation;
    19) use eVoteMAX in any way that would subject us to any industry-specific laws or regulations without first fully informing us of same and getting our prior written consent;
   20) resell, sublicense, lease, time-share, or otherwise commercialize your access to eVoteMAX; or
   21) use eVoteMAX for any illegal activity or as part of any cooperative scheme the totality of which would be reasonably anticipated to result in illegal activity.

6. Penalties. Known or suspected violation of any of the foregoing Prohibitions shall be grounds for immediate suspension or termination of your access to eVoteMAX; shall be grounds for the holding of all files, data, and other evidence relating to the violation in issue; and shall be grounds for seeking and obtaining immediate legal remedies, including but not limited to seeking preliminary and permanent injunctive relief without the necessity of having to plead or prove any actual damage.

7. DMCA Policy. In accordance with the U.S. Digital Millennium Copyright Act, third parties who believe that any content uploaded to eVoteMAX may be in violation of their rights may direct notice of same to "DMCA Designated Agent, Becker & Poliakoff, P.A., 1 East Broward Boulevard, Suite 1800, Fort Lauderdale, Florida 33301, U.S.A.," by phone (in the U.S.) to 954-987-7550, or by e-mail to care@bplegal.com. We reserve the right to promptly remove any materials which you upload to, post on, or otherwise display on the eVoteMAX website which a third party alleges to be in violation of their copyright rights and/or which eVoteMAX finds to be inappropriate or otherwise unsuitable for display. It is our policy to promptly give you notice of any such removing of materials so that you have the opportunity to send us notice contesting what the third party alleges. In appropriate circumstances, we will terminate the accounts of subscribers to eVoteMAX who are repeat copyright infringers.

8. Indemnification. You agree to defend us, indemnify us, and hold us harmless from any claim or demand by any third party due to or arising out of your use of eVoteMAX, your involvement with eVoteMAX, or your violation of these Terms of Use. Such duty to defend, indemnify, and hold harmless extends as well to all individual persons and impersonal business entities associated with us, and includes defending, indemnifying, and holding harmless as to attorney's fees and costs.

9. Privacy. In conjunction with making the eVoteMAX website available, we necessarily collect personally identifiable information from users: name, address, telephone number, e-mail, and credit card or other payment account information. We use your personally identifiable information to create your account, to communicate with you about our products and services, and to bill you. We also use that information to the extent necessary to enforce these Terms of Use and to prevent violation of these Terms of Use. While we take reasonable measures to protect your personally identifiable information, the complexity and constant development of computer technology makes it very difficult to offer any guarantees as to being able to avoid all data breaches and other such security compromises. By using eVoteMAX, you acknowledge that you understand and accept all risk relating to your providing us with your personally identifiable information as well as the personally identifiable information of those persons participating in any vote or query as part of an election, poll, survey, or other tally conducted or sponsored by you using eVoteMAX.

10. Exceptions to Privacy. Notwithstanding the foregoing, we have the right to, in good faith, disclose your personally identifiable information (as well as that of persons participating in any vote or query as part of an election, poll, survey, or other tally conducted or sponsored by you using eVoteMAX) to the extent reasonably necessary in the following situations: to comply with any governmental laws or regulations requiring that we do so (after first promptly notifying you of same), to comply with any court order or other legal process requiring that we do so (after first promptly notifying you of same), to respond to claims that any activity by you violates the rights of third parties (after first promptly notifying you of same), to enforce these Terms of Use, or to work in conjunction with a third party to resolve any technical difficult with the operation of eVoteMAX. Also, you agree that we my use and display your name and trademark for promotional purposes in any website, publicity release, or other materials or display of ours.

11. Legal Disclaimers. In no event shall any access to eVoteMAX, any material displayed in conjunction with eVoteMAX, or any output generated by eVoteMAX, be understood or construed as being legal advice; as bringing into being any attorney-client relationship or any fiduciary relationship; or as approving or verifying any particular election, poll, survey, or other tally, or the methodology or results of same.

12. Warranty Disclaimers. eVoteMAX is provided to you "as is" and on an "as available" basis. As to the eVoteMAX website, functionality, and content, and to the fullest extent permitted by law, we make no warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose, other than the purpose of tallying votes as would normally be expected in a multiple-choice selection-event.

13. Limitation of Liability. To the fullest extent permitted by law, in no event shall we be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, whether any such damages may be argued to be reasonably anticipated or not. In no event shall our liability to you as to any particular period of time exceed the total amount of fees paid by you to us for your having access to eVoteMAX for that particular period of time.

14. General Terms. These Terms of Use constitute the entire agreement between us and you concerning eVoteMAX. These Terms of Use shall be governed exclusively by the laws of the State of Florida (without reference to any Florida "conflicts of law" principles), unless the question in issue concern a specific U.S. federal statutory provision, in which case that statutory provision shall govern. To the fullest extent permitted by law, we disclaim the applicability of any provision of law outside of the U.S. unless you first give us written notice of any such provision in sufficient time for us to avoid being in violation of it. All resolution of disputes relating in any way to these Terms of Use shall take place before an arbitrating body or court located in or near Fort Lauderdale, Florida, U.S.A., or in any other place as may be mutually agreed between you and us at the time in question, with any such claim being brought against us no later than one year from the occurrence of the particular act or omission in issue. You agree to submit to the personal jurisdiction and venue of any such Florida forum. Any failure by us to exercise any right given by these Terms of Use shall in no event be deemed to be a waiver of such right. If any provision of these Terms of Use be ruled by any court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed stricken herefrom, with the remaining provisions of these Terms of Use continuing in full force and effect.