PRIVACY POLICY

CEIVA^®, manufacturer of the world's first Digital Photo Frame™, cares about your privacy. The CEIVA website logs your IP address (the Internet address of your computer) and browser type, however we do not link IP addresses to anything personally identifiable about you. Your session will be tracked, but your identity remains anonymous.

As a registered user, we ask that you provide us with your name, address, e-mail address, telephone number, preferences and other types of demographic information. Demographic information helps us learn more about your product needs and concerns. Other personal information may be gathered on your order form for our product, which would include billing and mailing addresses, credit card or other financial data to make an electronic funds transfer to purchase our product.

If at the time you create/created your membership account you elect/elected to occasionally receive special offers from us, we will use your registration information to send you those special offers. Be assured that we never share information with any 3rd party marketing partners.

If you do not want us to use the information for marketing purposes, the information we ask for on our order form will only be used to process your order quickly and accurately. Your contact information will only be used to send you the product that you purchase and your billing information will only be used to bill you for the product.

When you place your order online, your personal information and credit card information are encrypted or encoded. This makes it very difficult for your information to be stolen or intercepted while being transferred over the Internet. We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

PERSONAL INFORMATION — Safe and Secure

As a registered CEIVA user, all of your personal and energy data is transmitted using IETF RFC 6176 two way Transport Layer Security and is further encrypted using AES-128 encryption. When stored on CEIVA's US-based servers the energy data is separated from all location and personal account information by links that are encrypted using NIST 197 compliant encryption devices using AES-128 keys. All of the personal information collected as part of the registration process is transmitted via industry leading 256 bit SSL protocols and when stored on CEIVA's US-based servers it is encrypted using NIST 197 compliant encryption devices using AES-128 keys.

COOKIES

Our site may use cookies to keep track of your sign-in name, items in your shopping cart and to provide our visitors with custom shopping experiences. A cookie is a small file that your Web browser places on your computer's hard drive. When you log on and ask the computer to remember your sign-in name, you are asking that a cookie be created on your computer to remember that information. Once the cookie is in place, we can recognize future visits by accessing this piece of information.

You always have the option of setting your browser to reject cookies without any consequence other than the order form must always be manually filled out when placing an order, and you will always have to log on and sign in to the site.

CHANGING YOUR PRIVACY SETTINGS

If at any time after you register, you change your mind about receiving information from us or allowing us to share your information with some of our marketing partners, change your settings in your Member profile. If you need to update or correct your information, you may do so in your member profile, as well.

LINKS

This website may contain links to other websites. Please keep in mind that when clicking on one of these links, you are being transferred to another website. You are encouraged to read the privacy statements of these linked sites, as their privacy policies may differ from ours.

ACCOUNT DATA DELETION

Customers can request to have their account data deleted by contacting support through our contact us form. The customer’s data will be removed within 30 days of the request.

CEIVA TERMS AND CONDITIONS / MEMBER AGREEMENT

CEIVA LOGIC, Inc. ("Provider") provides the CEIVA Digital Photo Frame™ product and on-line photographic repository services to users who have agreed to the terms and conditions stated below.

This Online Access Agreement ("Agreement") is a legal agreement between you and Provider. It states the terms and conditions under which you may use the CEIVA Digital Photo Frame Product ("Product") with PicturePlan® Photo Delivery Service ("Membership"), access Provider's system and use the online services that Provider makes available through that system ("Service") and use the software necessary to connect to the Service ("Software"). "PicturePlan Membership", "Membership" and "Service" may at times be used interchangeably in this document.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND USING THE SOFTWARE AND SERVICE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT.

ACCESS AND LICENSE

ACCESS

Provider hereby grants you access to its system and the right to use the Service and Product, subject to the terms of this Agreement.

LICENSE

Provider hereby grants you a non-exclusive, personal, nontransferable license to install and use any Software provided, in executable form only, solely for the purpose of accessing Provider's system and using the Service. If required, you may install and use the Software on any compatible computer under your control and copy the Software for back-up or archival purposes provided that all such copies contain the copyright notice and other proprietary markings found on the original copy of the Software. You may not (1) modify or otherwise create derivative works, (2) translate, reverse engineer or reverse compile, or disassemble the Software, or (3) sell, rent, sublicense, assign, distribute, or otherwise transfer the Software or this license. This Agreement applies with equal force if the Software is provided for you and installed by Provider on your system.

PERMITTED USERS

You may permit other members of your organization or household to access the Service provided that each such person abides by the terms and conditions of this Agreement. By permitting others to use your account, you assume all risk and liabilities resulting from their use. If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor's access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.

PRODUCT TAMPERING

You may not translate, reverse engineer or reverse compile or disassemble any software, firmware or part of the Product to modify its operation in a manner that is unauthorized by Provider. You should refer to your Product manual for appropriate operating procedures of the Product.

CHANGES

The Service, Provider's system, and this Agreement may change from time to time. Provider reserves the right, at Provider's sole discretion and without prior notice or liability, to discontinue or alter the Service or any feature of the Service, including without limitation: (a) restricting the time of availability, (b) restricting the availability and/or scope of the Service for certain types of computers and operating systems, (c) restricting the procedures for or amount of access or use permitted, (d) restricting or terminating any user's right to access and use the Service, and (e) changing system hardware and software. Any change is effective immediately upon a posting on the Service or your receipt of notice via electronic mail or conventional mail. By continuing to use the Service, you accept any such changes. If any such changes are not acceptable to you, you may terminate this Agreement at any time as described in the Termination section.

PICTUREPLAN MEMBERSHIP and SERVICE

CEIVA will provide membership service and benefits at no charge for the first 24 months from the date of membership registration. At the end of included term, you may at your discretion elect to continue the membership at your expense. Should you choose to continue, you can renew your subscription through your CEIVA.com account. After logging on, follow the renewal instructions or contact CEIVA's customer care team. If you decide to discontinue your subscription the CEIVA Homeview will continue to function as an In Home Display. You agree to supply Provider with accurate and complete information as specified on the online registration form and to inform Provider promptly of any change in such information.

You are responsible for all use of your account. You must promptly inform Provider of the loss, theft, or unauthorized disclosure or use of your personal identification number or password. Until you notify Provider of such a breach of security, you remain liable for any unauthorized use of the Service through your account.

The Service and Software may only be used for lawful purposes and consistent with the rights of other users and third parties. Without limiting the foregoing, the Service and Software shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of posting, transmitting, or storing any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically, or otherwise objectionable material of any kind.

Provider reserves the right to refuse to provide access to the Service to anyone.

PicturePlan Membership Fees and Service Commitment

Your first two-year membership is provided at no cost to you. If you decide to continue to receive your PicturePlan membership after this initial two years, you agree to pay your PicturePlan Membership fee in advance. Your PicturePlan Membership fee will cover the Provider service received via the Product authorized by the Provider. You must pay in U.S. dollars, by credit card. The PicturePlan Membership fee is due in full at the beginning of each PicturePlan Membership period, and will renew automatically on the eve of the expiration period, unless auto-renew is not selected. Such recurring charges will continue until you or Provider cancels your PicturePlan Membership. PicturePlan Membership service prices are subject to change without notice.

Bundled PicturePlan Memberships

For products sold with bundled PicturePlan Memberships, the PicturePlan Membership begins to run at the time of purchase.

Multiple Frames

If you add additional Products to your account, you must purchase a separate PicturePlan Membership for each one. Such additional PicturePlan Memberships may be eligible for reduced rates, which may be offered by Provider from time to time.

Transferring PicturePlan Membership Service Time

Each Product requires its own PicturePlan Membership to the Provider Network. The service time will accompany the Product in the case of a transfer of ownership of the Product; however, the PicturePlan Membership cannot be transferred from one Provider Product to another Provider Product. PicturePlan Membership cannot be transferred to a product manufactured by a different entity. The PicturePlan Membership time will remain in effect when the Product is repaired by the manufacturer or an authorized representative of the manufacturer. The PicturePlan Membership will remain in effect when it is transferred to a replacement Product when that replacement is the repair option selected by the manufacturer or its authorized representative.

Taxes

You will pay all taxes or other government fees and charges, if any, which are assessed, based on your products ordered, and your use of the Services and the billing address you provide to Provider.

If Your Payment Isn't Honored

If any bank or other financial institution refuses to honor any payments of yours, we may deactivate your PicturePlan Membership.

Change of Address or Credit or Charge Card Information

You must notify us immediately of any change in your name, mailing address, residence address, e-mail address, telephone number or credit or charge card information by updating the information in your online account.

Telephone Access and Possible Charges

The Provider service is accessed through a standard telephone line and is available as a local call in most areas. In some areas, local and long-distance toll charges may apply. Determination of which calls are local is based on standard residential service for your area and should only be used as a general guide. Please contact your phone company to confirm that the telephone numbers you have selected to reach the CEIVA Network™ will not result as a toll charge. The Provider service will be available through the Internet with a broadband connection with a CEIVA Wireless™ or CEIVA Broadband™ adapter. However, the Provider does not make any assurances about the availability or functionality of the Provider service over a broadband connection. Firewall protection is strongly advised for any broadband Internet connections to protect your Provider unit from viruses and other harmful things. You are responsible for any telephone or broadband service charges incurred as a result of using or accessing the Provider service and acknowledge and agree that you shall be solely responsible for all disputes with any telephone company or Internet service provider related to the same.

Online Service Interruptions

Online Service access may be limited or unavailable based on unavailability or difficulties with the Internet generally or your web browser, computer, home wiring, Internet service provider or other things beyond our control. We do not guarantee continuous, uninterrupted or secure access to the Online Service and operation of the Online Service may be interfered with by numerous factors outside of our control.

CANCELLATIONS

Annual PicturePlan® Membership Plans

PicturePlan® Membership prices are subject to change without notice. For bundled subscriptions, or subscriptions included as part of a Program, there is no cost for cancellation of membership during the first 24 months and there are no refunds. For paid subscriptions, cancellation within 30 days from the date of the CEIVA Digital Photo Frame's registration or renewal results in $10 cancellation fee and full PicturePlan Membership refund; OTHER THAN THE 30-DAY CANCELLATION PERIOD, MEMBERSHIP CANCELLATION PRIOR TO THE END OF THE SERVICE TERM DOES NOT RESULT IN A REFUND.

Monthly PicturePlan Memberships

PicturePlan Membership prices are subject to change without notice. (1) Monthly PicturePlan Memberships require a minimum of three months of service time; (2) after the initial three months, a cancellation that is not more than four days past the monthly billing date (including holidays and weekends) will receive a refund of the last monthly charge; (3) cancellation after four days past the most recent monthly billing date (including holidays and weekends) will result in no PicturePlan Membership service refund and the monthly plan will remain active until next billing date.

WARRANTY

NO WARRANTY FOR SERVICE OR SOFTWARE FOR ON-LINE ACCESS; LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PROVIDER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION, SOFTWARE, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PROVIDER TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO PROVIDER'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY USER TO PROVIDER DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE PRODUCT HAS A LIMITED WARRANTY. Click here to view the Limited Warranty.

In addition to the LIMITED WARRANTY, all active PicturePlan Members are covered by for the PicturePlan Lifetime Warranty. Click Here for PicturePlan Lifetime Warranty Details.

INDEMNIFICATION

You agree to indemnify and hold Provider, its officers, directors, employees, and agents harmless from and against any claims and expenses (including reasonable attorney's fees) arising out of or related to any violation of this Agreement or unlawful use of your account.

PRIVACY; NO EDITORIAL CONTROL

All energy data is transmitted using IETF RFC 6176 two way Transport Layer Security and is further encrypted using AES-128 encryption. When stored on CEIVA's servers the energy data is separated from all location and personal account information by links that are encrypted using NIST 197 compliant encryption devices using AES-128 keys. All of the personal information collected as part of the registration process is transmitted via industry leading 256 bit SSL protocols and then encrypted using NIST 197 compliant encryption devices using AES-128 keys. Provider will not intentionally monitor or disclose any private electronic communications, except to the extent necessary to identify or resolve system problems or as otherwise permitted or required by law. Provider does, however, reserve the right to monitor transmissions, other than private electronic communications, as necessary to provide the Service and otherwise to protect the rights and property of Provider. Notwithstanding the foregoing, Provider does not have the practical ability to restrict conduct, communication, or content that might violate this Agreement before transmission on the Service, nor can Provider assume any liability for any action or inaction with respect to such conduct, communication, or content.

PROPRIETARY RIGHTS

SOFTWARE

The Software and any accompanying documentation and written materials are the sole and exclusive property of Provider or its licensor and are protected by copyright and trade secret law and international treaties.

CONTENT

You acknowledge that the Service contains communications information, software, photos, video, graphics, sound, music, and/or other material ("Content") that are protected by copyright, trademark, trade secret, and other intellectual property laws and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer, sell, create derivative works from, or in any way exploit any of the Content that you obtain from the Service, in whole or in part. Except as permitted by the fair use provision of U.S. copyright law, you may not upload, post, reproduce, or distribute any Content protected by copyright or other proprietary rights without the permission of the copyright owner.

THIRD PARTY CONTENT AND SERVICES

(i) You may only upload or otherwise distribute via the Service Content that is not subject to any copyright or other proprietary rights protection or for which you have the owner's express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and termination of this Agreement. By uploading Content to the Service in any area that is generally accessible to other users, you automatically grant (or warrant that the owner of the Content has expressly granted) to Provider the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and transmit the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology, now known or that may be developed in the future, for the full term of any copyright, including renewals thereof, that may exist in such Content. You also grant (or warrant that the owner of the Content grants) to other users the right and license to access, view, store, or reproduce the Content for that user's personal use. Subject to the foregoing, the owner of the Content uploaded or distributed on the Service retains all rights that may exist in such Content.

(ii) Provider is a distributor and not a publisher of Content supplied by third parties and users. Because communication of Content over the Service occurs in real time, and because of the volume of Content, Provider cannot, and does not intend to, screen, police, edit, or monitor communications and Content. If Provider is notified of any Content that allegedly violates the system rules, or is otherwise unlawful, Provider may investigate and remove or request the removal of such Content as it deems appropriate in good faith and in its sole discretion. Any opinions, advice, statements, services, offers, or other Content expressed or made available by third parties are those of the respective authors, owners, or distributors, and not of Provider. In no event will Provider be liable for any loss or damage caused by a user's reliance on Content obtained through the Service or in respect of any investigation and/or removal or request for removal of any Content. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, advice, opinion, or any other Content available through the Service.

(iii) The Service may permit you to receive information and order and receive merchandise and services directly from businesses that are not owned or operated by Provider. The purchase, payment, warranty, delivery, and any other terms concerning such information, merchandise, and services are solely between you and such businesses.

(iv) You shall not post or transmit through the Service any material which, without the Provider's prior approval, contains any advertising or any solicitation with respect to Products or Services.

(v) Various companies provide a variety of information and data that is displayed on the CEIVA web site and frame for the use and convenience of our customers. CEIVA Logic, Inc. does not create, audit or in any way preview that information or data and shall in no way be responsible or liable for its accuracy or content.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise any Content derived from the Service without obtaining any required government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including without limitation certain types of encryption software.

TRADEMARKS

CEIVA® and the CEIVA® logo as well as CEIVA Digital Photo Receiver™, CEIVA Digital Photo Frame™, CEIVA 7-inch Digital Photo Frame™, CEIVA 8-inch Digital Photo Frame™, CEIVAlife™, CEIVAlife Digital Photo Frame™, CEIVAshare™, CEIVAshare Digital Photo Frame™, CEIVA True-to-Photo™, True-to-Photo™, CEIVA Network™, CEIVA Galleries™, CEIVA Channels™, CEIVASender™, CEIVAMobile™, CEIVA Broadband™ adapter, CEIVA Wireless™ adapter, CEIVA PicturePlan® and CEIVA® Prints, are the service marks of Provider. The right to access and use the Service and Software do not include any right to use the service marks of Provider.

TERMINATION

FOR ANY REASON

Either you or Provider may terminate this Agreement for any reason at any time by giving the other party notice of termination. Such termination shall be effective upon receipt of notice and, if you terminate this Agreement, such termination shall be subject to the cancellation and refund policy set forth in this Agreement, with respect to a Service.

FOR CAUSE

Provider may terminate this Agreement without notice for any conduct that Provider believes in its sole discretion violates this Agreement, interferes with other users' use of the Service, or is otherwise inappropriate.

EFFECT OF TERMINATION

Upon termination, your license to use the Software and the Service automatically terminates, and Provider will delete all data, files, or other information stored in your account.

LEGAL NOTICES TO CALIFORNIA USERS

California users are entitled to the following consumer rights information under California Civil Code Section 1789.3:

PRICING INFORMATION

Current PicturePlan Membership fees may be obtained by visiting http://www.ceiva.com/lmore/pp/pictureplan.jsp. Provider reserves the right to add, delete, or change fees or charges at any time upon notice as provided in this Agreement.

COMPLAINTS

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

GENERAL

CHOICE OF LAW

This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of California, without regard to its choice of law rules.

VENUE OF LEGAL ACTION

Any litigation pertaining to this agreement shall be held in a court of competent jurisdiction in the County of Los Angeles, State of California.

ATTORNEY's FEES & COSTS

The prevailing party as determined by the court in any litigation pertaining to this Agreement shall be entitled to receive reasonable attorney's fees and costs.

NO WAIVER

Provider's failure to insist upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.

SEVERABILITY

If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

SURVIVAL

The provisions of this Agreement relating to confidentiality, warranties, and indemnification shall survive any termination or expiration of this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.

FORCE MAJEURE

Neither party shall be responsible for delays of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of supplier to perform, governmental regulations, power failures, earthquakes, or other disasters.

NOTICES

All notices and demands of any kind or nature that either party to this Agreement may be required or may desire to serve upon the other in connection with this Agreement shall be in writing and may be served personally or by prepaid registered or certified United States mail or by nationally recognized express courier, in either case to the addresses and persons set forth at the beginning of this Agreement. Either party may from time to time, by notice in writing served upon the other party as aforesaid, designate a different mailing address or a different person to which following such service all further notices or demands are thereafter to be addressed.

IN-HOME DISPLAY TRIAL PROGRAM IN MARYLAND

CUSTOMER PARTICIPATION AGREEMENT

I hereby acknowledge and agree that:

• I am a Pepco customer residing in a single-family residence or townhouse in either Montgomery County or Prince George's County in Maryland, I do not use solar energy and I plan to live in my current residence for at least 12 months from the time of accepting this agreement.
• I will receive a free CEIVA Homeview digital photo display device with a high resolution 8-inch LCD screen (the "Device") and two years of CEIVA's Picture Plan© Photo Delivery Service at no charge. After that two-year period, I may continue using the CEIVA network for photos under a CEIVA subscription, arrangements for which I will make with CEIVA at that time.
• I have high-speed internet service with Wi-Fi or Ethernet connections and, if the Device will be connected via Wi-Fi, the connection will be secured with WI-FI Protected Access (WPA2).
• The Device will securely communicate with my AMI smart meter and enable me to view my near real-time energy use information, Pepco messaging alerts, weather information, and any personal photos uploaded to the Device.
• Once I receive and register the Device in accordance with the instructions provided, I will call Pepco at 202-872-3775 to connect the Device to my smart meter.
• Pepco will not be able to view any photos I upload to the Device and will have no liability or responsibility concerning those photos.
• My energy use data will be securely communicated by Pepco to CEIVA's secure servers, then from CEIVA's servers to the Device. CEIVA has controls in place to ensure that my energy use data and any photos I upload to my CEIVA account are kept secure.
• Pepco will gather data about my use of the Device during this In-Home Display trial ("Trial"), which will be combined with the data of other Trial participants to create a report concerning the effectiveness of the Devices and their usefulness to customers; however, my individual data will continue to be kept confidential by Pepco and CEIVA in accordance with Pepco's data privacy policy.
• I will participate in two online surveys regarding my experience with the Device, which will be emailed to me by Opinion Dynamics, a market research firm contracted by Pepco.
• This Trial will be for a period of 12 months and, if I choose to do so by notifying Pepco by email at ihdtrial@pepco.com or by phone at 202-873-7500, I may continue to receive my energy use information on the Device for an additional 12 months at no charge.
• At the end of the 12-month Trial, I may keep the Device or return it in good condition to Pepco and receive a $25 pre-paid debit card.
• The energy use information on the Device is provided "as is" and is not validated "billable" data; therefore, that information could differ from what appears on my monthly Pepco bill.
• I will be entitled to any warranty(ies) offered by CEIVA for the Device. PEPCO MAKES NO OTHER REPRESENTATIONS OR WARRANTIES ABOUT THE DEVICE OR THIS TRIAL AND HEREBY DISCLAIMS ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
• Pepco may assign or delegate any of its rights or obligations under this agreement.
• Pepco will not be liable to me or to any third party for any losses or damages, including, without limitation, loss of photos, loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting from or arising out of my use of the Device or participation in this Trial;
• This agreement constitutes the entire agreement between Pepco and me. No undertaking, representation or warranty made by any agent or representative of Pepco in connection with the Device or this Trial shall be binding on Pepco except as expressly included herein.